U.S. Environmental Protection Agency
Region 9 November 1996
A Guide to EPA
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Preface
This handbook was prepared for use by tribes and their members as a
quick reference guide. This handbook provides only a summary of basic
environmental information. It is not a definitive statement to the specific
ways in which a tribe may assure environmental compliance; it is a quick
guide to the environmental programs that typically apply in Indian Country.
The requirements and guidance presented in this handbook are based on
federal regulations and guidance in place in 1995. It should be expected that
some of this information will change in the future.
The handbook is organized according to key program areas. The
handbook explores Tribal, Cross Media, Air, Waste, and Water programs,
and highlights services available from EPA Region 9. Cross media pro-
grams are those that can reach across any of the other program areas. Region-
specific contacts, definitions/acronyms and hotlines are provided at the end of
the handbook.
This document is based on a similar handbook prepared by EPA Region
7 and on one originally prepared in 1990 by the Midwest Assistance Program
(MAP) under contract to the U.S. Environmental Protection Agency, Region
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.UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION IX
75 Hawthorne Street
San Francisco, CA 94105-3901
OFFICE OF THE
REGIONAL ADMINISTRATOR
Dear Tribal Representative:
This document, "A Guide to EPA Programs in Indian Country," has been
prepared as a too! to assist your tribe with environmental management issues.
We share the President's commitment to establish government-to-government
relations with tribes, recognize tribal sovereignty, and fulfill federal trust
responsibilities. We understand that tribes are stewards of their land, air and water,
and we also understand that tribes play a vital role in both educating EPA how we can
best assist you and in sharing valuable traditional stewardship perspectives.
Through this document we hope to support the partnership between the federal
government and the tribes to protect public health and the environment. It offers
technical assistance and a framework for regulatory compliance and program
development. We hope you find it helpful. Please let us know how we can improve
upon it.
Yours,
Felicia Marcus
Regional Administrator
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UNrTED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
WATER
Dear Reader:
The U.S. Environmental Protection Agency (EPA) is committed to developing a strong
partnership with Indian tribes and Alaska Natives to advance environmental protection in
Indian Country. In March 1994, EPA Administrator Carol Browner reaffirmed EPA's 1984
Indian Policy which recognizes tribal sovereignty and the Agency's responsibility to work
with tribes on a government-to-government basis. In July 1994; Administrator Browner
announced an action plan for strengthening Tribal operations throughout the Agency and, in
October 1994, established the American Indian Environmental Office (AIEO) to serve as the
central coordination point for the Agency's Indian programs. AIEO is working with Senior
EPA management, EPA staff, Tribal governments and other Federal agencies to help build
Tribal capacity for implementing environmental protection programs and, where Tribal
programs are not yet in place, improve Federal implementation of environmental programs in
Indian Country.
While AIEO is an important component of the Agency's Tribal operations, most
resources for building Tribal capacity andJFederal implementation of environmental programs
are located in the EPA Regional and Headquarters Offices that have overall responsibility for
protecting air and water quality, for ensuring pesticides are safe when used as labeled, for
managing the disposal of waste materials and addressing other environmental issues. The
purpose of this document is to help Tribes understand what assistance EPA can provide for
protecting the environment and public health in Indian Country, the specific programs EPA
administers, key provisions of these programs and who to call for additional information.
Our goal is to help Tribes establish environmental protection programs tailored to their
needs. I encourage you to contact your EPA Regional Office for assistance on specific issues
for your Tribe and the American Indian Environmental Office on issues of national concern.
Sincerely,
Teny R. Williams, Director
American Indian Environmental Office
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TABLE OF CONTENTS
W ) TRIBAL PROGRAMS
American Indian Environmental Office 1
Tribal Operations Committee 2
Regional Tribal Operations Committee 2
American Indian Advisory Council (AIAC) 3
Regulations for Tribal Applications for Financial Assistance and Program
Authority 4
Tribal Lands Environmental Scholarship Program 7
CROSS MEDIA PROGRAMS
General Assistance Program 11
Environmental Justice for Native American Tribal Programs 13
Office of Environmental Justice Small Grants Program 15
Environmental Justice Through Pollution Prevention 17
Pollution Prevention 19
Environmental Education Grants 21
Quality Assurance and Regional Laboratory 22
AIR AND TOXICS PROGRAMS
Clean Air Act 25
Refrigerant Recycling and Prohibition on Venting 27
Asbestos 29
Indoor Radon 33
Pesticides 35
Toxics - PCBs 37
Toxics-Lead 38
Toxics Release Inventory Program
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5 WASTE PROGRAMS
Emergency Response 43
Superfund Program 44
SARA Title HI - Emergency Planning and Community Right-to-Know Act. 45
RCRA Hazardous Waste 47
Solid Waste Disposal Program 49
Underground Storage Tanks 52
WATER PROGRAMS
Safe Drinking Water Act - Public Water Systems 57
Safe Drinking Water Act - Underground Injection Control 61
Safe Drinking Water Act - Wellhead Protection 63
Clean Water Act 65
Clean Water Act - Section 106 Water Quality Management Plan 66
Clean Water Act - Nonpoint Source Pollution Control 67
Clean Water Act - Indian Set-Aside Programs 68
Clean Water Act - Water Quality Standards Programs 69
Clean Water Act - National Pollutant Discharge Elimination System 70
Clean Water Act - Sewage Sludge Use and Disposal 71
Clean Water Act - Pretreatment Requirements 72
Clean Water Act - Storm Water 73
Clean Water Act - Water and Wetlands Protection 74
GENERAL INFORMATION
Regional EPA Contacts 77
Regional Tribal Contacts * 80
Information Services 82
EPA Employee Locator/Regional Receptionist 82
EPA Region 9 Library Services 82
Hotlines and Clearinghouses 83
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TRIBAL PROGRAMS
AMERICAN INDIAN ENVIRONMENTAL OFFICE
The American Indian Environmental Office (AIEO), established in October of
1994 and housed in EPA Headquarters' Office of Water, is responsible for
coordinating the Agency's tribal operations and encouraging the ongoing
development of a strong Agency-wide program to protect human and
environmental health in Indian Country. The AIEO works with the Tribal
Operations Committee (TOC), Assistant and Regional Administrators, and
Headquarters (HQ) and Regional Indian Coordinators (RlCs) to strengthen tribal
operations in the daily activities of regional and HQ program offices.
The AIEO is committed to EPA's continued implementation of the 1984 Indian
Policy. It ensures that EPA maintains working govemment-to-govemment
relationships with federally recognized tribes, acts in a manner consistent with its
trust responsibility, and effectively performs its duties as a co-regulator with tribes.
General functions and responsibilities of the AIEO are to:
¦ Ensure that tribal operations remain a priority throughout the Agency, with the
appropriate management and staff support.
¦ Promote Agency-wide participation in the development of tribal environmental
programs.
¦ Coordinate with Regions and HQ program offices to meet the Agency's
resource needs for tribal operations.
¦ Coordinate with Regions and HQ program offices to develop and/or support, in
a manner consistent with applicable law and the EPA Indian Policy, regula-
tions, guidance and/or other policies regarding tribal operations.
¦ Coordinate the activities and support the participation of the TOC.
¦ Coordinate the Agency's Indian program and ensure appropriate communica-
tion and consistency throughout the programs and regions.
¦ Serve as cross-program information clearinghouse and coordinate Agency-
wide data collection for the Indian program.
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TRIBAL PROGRAMS
TRIBAL OPERATIONS COMMITTEE
In February 1994, the EPA Administrator convened the first Tribal Operations
Committee (TOC) to facilitate the government-to-govemment relationship
between EPA and tribes. The purpose of the TOC is to assist EPA in meeting its
trust responsibility through tribal input into EPA decision-making that affects Indian
Country. The TOC does not replace the direct tribal - EPA relationship.
The TOC is composed of EPA senior management and 19 tribal representa-
tives. There are tribal representatives from each of EPA's Regions except for Region
3 which has no federally recognized tribes. The tribal representatives to the TOC,
together with EPA senior management at both the HQ and Regional levels, will
work through the newly formed American Indian Environmental Office to continue
to address the environmental and human health issues within Indian Country.
REGIONAL TRIBAL OPERATIONS COMMITTEE
The Regional Tribal Operations Committee (RTOC) is the Regional counter-
part to the TOC. The RTOC, composed of both tribal and EPA representatives, was
chartered in July 1995 to provide a Region 9 forum for tribal-EPA communication,
coordination and increased support for strengthening tribal environmental and
human health programs. The RTOC will help further the understanding and devel-
opment of govemment-to-government relationships between EPA and all tribes in
Region 9. The RTOC meets at least four times per year.
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TRIBAL PROGRAMS
AMERICAN INDIAN ADVISORY COUNCIL (AIAC)
The Environmental Protection Agency American Indian Advisory Council
(AIAC) is a Special Emphasis Program Council organized under EPA
Headquarter's Office of Civil Rights. The central purpose of the AIAC is to serve
as an advisory group to the Administrator of EPA to recommend actions that
address the concerns of American Indians in the EPA workforce, and of the Indian
tribes for which EPA acts as trustee. Membership is open to all employees of EPA
who share AIAC's beliefs.
Objectives of the AIAC
¦ To assist the EPA in promoting a culturally sensitive work environment and
achieving an effective and equitable representation of American Indians in the
workforce through aggressive recruitment, hiring, development and promotion
activities.
¦ To promote an understanding and awareness of the American Indian culture.
¦ To promote a better understanding of employment related problems of Ameri-
can Indians in order to seek solutions to remedy specific problems in EPA.
¦ To facilitate effective communication and goodwill between American Indians
and other individuals in EPA, and the community in general.
¦ To promote the career development and advancement of American Indians in
EPA through the sponsorship of workshops, seminars, and similar programs.
¦ To ensure that EPA's programs and activities are open and available to all
American Indians.
For more information, call the American Indian Employment Program
Manager at 202-260-4569, or contact the Region 9 AIAC Lead, Steve Etsitty, at
415 744-1489
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TRIBAL PROGRAMS
Amendment of Regulations Regarding Tribal
Applications for Financial Assistance and Program
Authority
The Final Rules "Indian Tribes: Eligibility of Indian Tribes for Financial
Assistance" (March 23,1994) and "Indian Tribes: Eligibility for Program Autho-
rization" (December 14,1994) amended regulations implementing the statutory
provisions that authorize EPA to treat Indian tribes in substantially the same manner
as it treats states for purposes of various types of financial assistance and program
approvals. The purpose of these regulatory amendments was to make it easier for
tribes to obtain EPA approval to assume the role Congress envisioned for them
under these statutes.
Background
Three federal environmental statutes address the role of tribes specifically by
authorizing EPA to treat tribes in a manner similar to the way it treats states: Clean
Water Act (CWA), Safe Drinking Water Act (SDWA), and the Clean Air Act
(CAA). Each statute specifies the following criteria that tribes must meet in order
to receive such treatment: 1) a tribe must be federally recognized; 2) a tribe must
have a governing body that carries out substantial duties and powers; 3) a tribe must
possess civil regulatory jurisdiction to carry out the functions it seeks to exercise;
and 4) a tribe must demonstrate its capability to cany out those functions.
EPA initially chose to implement provisions of the CWA and SDWA regarding
Indian tribes by establishing a formal pre-qualification process under which tribes
could seek eligibility under those statutes. This pre-qualification process has in the
past been referred to as approval for Treatment as a State (TAS).. tribes that
obtained such approval were then eligible to apply for certain grants and program
approvals available to states. The former TAS process has been re-designed
because it was burdensome, time-consuming, and offensive to tribal governments.
EPA expects that the new process will reduce the burdens and barriers to tribes of
participating in environmental management
Changes to Existing Process
A. Discontinue the use of the term "treatment as a state."
The term "treatment as a state" (TAS) can be misleading and may be offensive
to tribal governments. To the extent possible, the final rules amended previous
regulations, so as to discontinue use of the term; however, since the term "treat as a
state" is included in several statutes, its continued use may sometimes be necessary.
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B. Elimination of "TAS" review as a separate step in processing tribal
applications for financial assistance (grants).
No environmental statute compelled the use of a formal TAS or other pre-
qualification process separate from approval of a tribal program or request for a
grant Thus EPA may approve a tribal program or grant without formally designat-
ing a tribe as "eligible for TAS," as long as a tribe meets the applicable statutory
requirements.
C. Simplified determination as to "recognition" and "government"
As a general rule, the "recognition" and "government" requirements are
essentially the same under the CWA, SDWA and the CAA, The new process
establishes identical requirements for demonstrating "recognition" and "govern-
ment" under each statute. The fact that a tribe can meet the recognition and
government functions requirements under the CWA, SDWA, or CAA will
establish that it meets those requirements under the other two. To facilitate review
of tribal applications, EPA will request a tribe to inform EPA whether a tribe has
been approved for "TAS" (under the old process) or deemed eligible to receive a
grant or program approval (under the revised process) for any other program.
D. Simplified jurisdictional analysis.
A tribe may have jurisdiction over, and capability to cany out, certain activities
(e.g. protection of the quality of a particular lake for the Clean Lakes Program under
the Clean Water Act), but not others (e.g. waste management on a portion of the
reservation far removed from any lakes). Therefore, EPA must make a specific
determination regarding adequate jurisdictional authority and administrative and
programmatic capability before it approves each tribal program.
The portion of the jurisdictional determination under which other governments
comment is substantially changed under the revised process.
1) Comments will no longer be sought from "appropriate governmental
entities" with regard to tribal grant applications.
2) For approvals of all SDWA regulatory programs and most CWA programs
under existing regulations, EPA does not authorize a state to operate a
program without determining that the state has adequate authority to carry
out the actions required to run the program. This also applies to a tribe
seeking program approval, and ensures that a close analysis of the legal
basis of a tribe's jurisdiction will occur before program approval. A
separate 'TAS" jurisdictional review is not needed to verify that a tribe
meets the statutory jurisdictional requirement, and therefore, is eliminated
for all programs under the SDWA and for CWA-Section 404 and CWA-
National Pollutant Discharge Elimination System (NPDES) programs.
3) For the CWA-Section 303 Water Quality Standards program, there is no
review of tribal civil regulatory authority as part of the EPA approval
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emphasizes that comments must be offered in a timely manner. Where no
timely comments are offered, EPA will conclude that there is no objection
to a tribe's jurisdictional assertion. When questions are raised concerning
a tribe's jurisdiction, EPA may seek additional information from the tribe
or the commenting party, and may consult with other federal agencies prior
to making a determination about a tribe's jurisdiction authority. EPA is no
longer required, by regulation, to consult with the Department of the
Interior.
4) Finally, certain disputes concerning tribal jurisdiction may be relevant to a
tribe's authority to conduct activities and obtain program approval under
several environmental statutes. Determinations regarding tribal jurisdic-
tion apply only to activities within the scope of EPA programs. Once EPA
makes a jurisdictional determination in response to a tribe's application
regarding any EPA program, EPA will ordinarily make the same determi-
nation for other programs that the tribe requests, unless a later application
raises different legal issues. However, one determination that a tribe has
inherent jurisdiction to regulate activities in one medium (e.g. related to
groundwater) might not conclusively establish its inherent jurisdiction over
activities in another medium (e.g. air quality permits).
E. More flexible requirements to establish capability.
EPA will continue to make a separate determination of tribal capability for each
program approval application by a tribe. However, the SDWA, CWA-Section 303
Water Quality Standards, CWA-Section 404, and the CWA-NPDES regulations
have been be amended to conform to the CWA grant regulations, which do not
specifically prescribe the material a tribe must submit to establish capability. EPA
may request that a tribe provide a narrative statement or other documents showing
that the tribe is capable of administering the program for which it is seeking
approval. EPA recognizes that certain tribes may not have substantial experience
administering environmental programs; a lack of such experience does not preclude
a tribe from demonstrating capability, so long as it shows that it has the necessary
management and technical and related skills or submits a plan describing how it will
acquire those skills.
Ordinarily the inquiry EPA makes into the capability of any applicant, tribe or
state, for a grant or program approval is sufficient to enable EPA to determine
whether a tribe meets the statutory capability requirement
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TRIBAL PROGRAMS
TRIBAL LANDS ENVIRONMENTAL
SCHOLARSHIP PROGRAM
Purpose of Program
EPA created this scholarship program to increase the number of American
Indians who are educated in the environmental sciences and available for work at
EPA and with tribal governments to improve environmental protection in Indian
Country.
Eligible Students
In colleges and universities nationwide, juniors/seniors and graduate students
compete for these scholarships based on weighted factors as follow:
¦ Grade point average (2.5 minimum) 35
¦ Knowledge of Indian culture 20
¦ Commitment to environmental protection 15
¦ Character and leadership ability 10
¦ Level of study 10
¦ Work experience 10
Total = 100
Amount of Individual Award
Each annual scholarship is set at $4,000 per student. Efforts are made to
retain scholarship awardees on the program if they maintain their grade point
average.
Application Process
Students wishing to "make an application should do so through the American
Indian Science and Engineering Society (AISES) which has chapters on many
college campuses. AISES may also be contacted at 1630 30th St., Suite 301;
Boulder, CO 80301, or by phone at 303-939-0023. AISES works with EPA to
select the scholarship winners and make the annual awards because of its
excellent reputation and its expertise in the area of assisting students with
employment opportunities. Also, the overhead costs of AISES are below those of
universities evaluated to provide similar services.
Funding/Scholarships
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throughout EPA and are issued to students the following fiscal year (due to lag time
in selecting the scholarship winners). Efforts are underway to create a specific
budget for this scholarship program to eliminate the need to annually contact all
EPA Offices for assistance on funding.
FY91 $120,000 for 27 scholarships
FY92 $158,800 for 33 scholarships
FY93 $ 182,000 for 46 scholarships
FY94 $256,000 for 56 scholarships
FY95 $286,000 for approximately 60 scholarships
Management of Program
In FY91, this program was created by the Office of Pesticides Programs, which
managed the program for two years. In FY93, the Environmental Education
Division assumed responsibility for managing the program. Inquiries about
program management should be directed to Diane Berger at 202-260-4965.
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CROSS MEDIA PROGRAMS
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GENERAL ASSISTANCE PROGRAM
Background
The EPA Indian Environmental General Assistance Program is administered
by the American Indian Environmental Office, Office of Water under the Indian
Environmental General Assistance Program Act of 1992, Public Law 102-497,
Section 11,42 U.S.C. 4368b, as amended, (Public Law 103-155,11-24-93).
Objectives
The objectives of the program are to provide financial assurance to federally-
recognized Indian tribes and intertribal consortium or consortia to build capacity to
administer environmental regulatory programs in Indian Country, and provide
technical assistance from EPA in the development of multi-media programs to
address environmental issues in Indian Country.
Eligible Activities and Recipients
Activities eligible for funding under this program are those for planning,
developing and establishing capability to implement environmental protection
programs including development of solid and hazardous waste programs. General
Assistance offers tribes the opportunity to develop an integrated environmental
program, develop the capability to manage specific programs and establish a core
program for environmental protection. The financial assistance agreements provide
the opportunity for defining and developing administrative and legal infrastructures,
and conducting assessments, monitoring, planning, as well as other activities.
Eligible recipients include Indian tribes and intertribal consortia. An Indian
tribe is any tribe, band, nation or other organized group or community, including
any Alaska Native Village or regional or village corporation (as defined in or
established pursuant to the Alaska Native Claims Settlement Act, 43 U.S.C. 1601
et seq.), which is recognized by the U.S. Department of the Interior as eligible for
the special services provided by the United States to Indians because of their status
as Indians. A consortium is a partnership between two or more Indian tribal govern-
ments authorized by the governing bodies of those tribes to apply for and receive
assistance under this program.
Program Highlights
¦ The Indian Environmental General Assistance Program replaces the Multi-
Media Assistance Program which was offered by the Agency during Fiscal
Years 1991 through 1993.
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¦ The project period for General Assistance grants can be for 1-4 years; the
grantee can reapply if additional time is needed for capacity-building.
¦ New grants will be for a minimum of $75,000. Amendments to grants may be
made in amounts as are appropriate.
¦ Funds awarded under the grant remain available through the project term of
grant.
¦ The Agency's standard grant application, reporting and audit procedures
apply to the Program.
¦ Capacity-building activities are eligible for funding but not construction or
site-specific actions.
¦ General assistance funding does not preclude a tribe from also receiving
program or project-specific assistance.
¦ The Program provides for a simplified procurement process for procurements
of $25,000 and over but less than $50,000.
The applicant should consult the Regional Indian Program Coordinator,
designated as the single point of contact, for more information.
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CROSS MEDIA PROGRAMS
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EPA'S ENVIRONMENTAL JUSTICE FOR NATIVE
AMERICAN TRIBAL PROGRAMS
EPA will work with tribes, indigenous constituents, the tribal Operations Committee and
the National Environmental Justice Advisory Council to integrate the subsistence and Native
American provisions of the Order on environmental justice Into EPA's regulations, policies,
programs and activities.
What is Environmental Justice?
Environmental justice is the fair treatment of people of all races, cultures and
incomes with respect to the development, implementation and enforcement of
environmental laws, regulations, programs, and policies. Fair treatment means
that no racial, ethnic or socioeconomic group should bear a disproportionate share
of the negative environmental consequences resulting from the operation of
industrial, municipal, and commercial enterprises and from the execution of
federal, state and local, and tribal programs and policies.
Importance of Native American Programs
Environmental concerns differ throughout Indian Country, ranging from access
to safe drinking water to remediation of hazardous waste. Furthermore, tribal
environmental priorities are affected by the tribe's traditional cultural and religious
relationship to the ecosystem in which they live, including subsistence on fish,
game, and wild vegetation. For these reasons, Native Americans are often exposed
to different types, degrees, and causes of environmental risks.
Tribal environmental justice advocates have raised a range of environmental
concerns, including comprehensive tribal environmental program development,
environmental effects on urban Native Americans and Native Hawaiians and the
participation of Native American grassroots advocates in environmental
protection. However, while environmental justice has brought renewed attention to
the environmental concerns of Native Americans, it is not meant to replace the
more than two hundred years of federal Indian law and policies. The federal-tribal
relationship, as defined in the United States Constitution, treaties, statutes, and
federal court decisions, sets forth a framework of rights and responsibilities to be
carried out by the federal government and the tribes. Therefore, while environmental
justice includes issues regarding Native American grassroots participation and
disproportionate effects on indigenous communities, it is not intended to supersede
tribal sovereignty, treaty rights, the federal trust responsibility or the government-to-
govemment relationship. Rather it should support these tenets of federal Indian law
by encouraging the development of federal-tribal environmental programs
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comparable in protection to federal-state environmental programs.
Objectives for Native American Programs
1) Tribal Environmental Programs
EPA will work with other federal agencies and tribes to develop comprehensive
tribal environmental programs which address disproportionately high and adverse
human health or environmental effects in Indian Country.
2) Native American Participation
EPA will ensure the participation of interested or affected tribal members,
. organizations or other Native American and indigenous constituents in EPA
decisions and/or activities that may affect the public health or environment of their
community.
3) Interagency Coordination
EPA will take the lead to ensure coordination and cooperation between EPA
and other federal agencies to address cross-cutting tribal environmental issues.
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CROSS MEDIA PROGRAMS
OFFICE OF ENVIRONMENTAL JUSTICE (OEJ)
SMALL GRANTS PROGRAM
Purpose of the Grants Program
The purpose of this grants program is to provide financial assistance and
stimulate a public purpose by supporting projects to any affected tribal group,
which is eligible under applicable statutory authorities (for example, community-
based organization, church, school, education agency, college or university, or
other non-profit organization) and tribal government who are working on, or plan to
carry out, projects to address environmental justice issues. Funds can be used to
develop a new activity or to substantially improve the quality of existing activities.
Important Pre-Application Information
Pre-applications will serve as the sole basis for evaluation and
recommendation for funding. This notice contains all information and forms
necessary to submit a pre-application. EPA will award grants based on the merits of
the pre-application.
Background
In its 1992 report. Environmental Equity: Reducing Risk for All Communities,
EPA found that minority and low-income communities experience higher than
average exposure to toxic pollutants than the general population. OEJ was
established in 1992 to help these communities to identify and assess pollution
sources, to implement environmental awareness and training programs for
affected residents, and to work with tribal stakeholders to devise strategies for
environmental improvements.
In June of 1993, OEJ was delegated granting authority to solicit projects,
select suitable projects for the grants from among those proposed, supervise such
projects, evaluate the results of projects, and distribute information on the
effectiveness of the projects, and feasibility of the practices, methods, techniques,
and processes in environmental justice areas.
Fiscal Year (FY) 1996 is the third year of the EJ Small Grants Program.
Eligible Activities
To be selected for an award, the project must include one or more of the
following four objectives:
1. Identify the necessary improvements in communication and coordination
among existing community-based/grassroots organizations, and local, state, tribal,
and federal environmental programs, and all other stakeholders. Facilitate
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communication, information.exchange, and partnerships among the tribes to address
environmental injustices (for example, workshops, awareness conferences,
establishment of community stakeholder committees, newsletters, etc.);
2. Motivate the general public to be more conscious of their local
environmental justice issues or problems and encourage the community to take
action to address these issues (for example, reforestation efforts, monitoring of
socioeconomic changes due to environmental abuse, stream monitoring, etc.);
3. Develop and demonstrate an environmental justice practice, method or
technique which has wide application and addresses an environmental justice
issue which is of a high priority.
4. Teach about risk reduction and pollution prevention, and seek technical
experts to demonstrate how to access, analyze, and interpret public environmental
data (for example, Geographic Information Systems (GIS), Toxic Release
Inventories (TRI), and other databases.)
Priority will be given to tribes whose projects will help improve the
environmental quality of affected communities by a)developing an environmental
justice project, activity, method, or technique which has wide application, b)
enhancing the community's skills in addressing environmental justice issues and
problems, and c) establishing or expanding environmental and public health
information systems for local communities.
Environmental justice projects or activities should enhance critical thinking,
problem solving, and the active participation of affected communities in decision-
making processes. Environmental justice efforts may include, but are not
necessarily limited to enhancing the gathering, observing, measuring, classifying,
experimenting, and other data gathering techniques that assist individuals in
discussing, inferring, predicting, and interpreting information about
environmental justice issues and concerns. Environmental justice projects should
engage and motivate individuals to weigh various issues to make informed and
responsible decisions as they work to address environmental injustices.
The items discussed above are relative and can be defined differently among
the applicants from various geographic regions. Each pre-application should define
these items and terms as they relate to the specific project. Include a succinct
explanation of how the project can serve as a model in other settings and how it
addresses a high-priority environmental justice issue. The degree to which a project
addresses a high-priority environmental justice issue will vary and must be defined
by applicants according to their local environmental justice concerns.
How Much Money May Be Requested, and are Matching
Funds Required?
In this program, the ceiling for any one grant is $20,000 in federal funds.
Depending on the funds appropriated by Congress, EPA's nine Regional Offices
that have federally recognized tribes, will each have approximately $200,000 to
award. It is anticipated that applicants will not be required to cost share.
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CROSS MEDIA PROGRAMS
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ENVIRONMENTAL JUSTICE THROUGH
POLLUTION PREVENTION (EJP2)
I. Scope and Purpose of the EJP2 Grant Program
The primary purpose of this grant program is to provide financial assistance
to tribal governments for projects that address environmental justice and use
pollution prevention activities as the proposed solution. This grant program is'
designed to fund projects which have a direct impact on affected communities.
EPA is seeking proposals for projects that will encourage institutionalization and
innovative use of pollution prevention as the preferred approach for addressing
environmental justice issues, and whose activities and products can be applied to
other communities. The Agency also encourages cooperative efforts with business
and industry to address common pollution prevention goals.
Projects funded under this grant program may involve public education,
training, demonstrations, research, investigations, experiments, surveys, studies,
public-private partnerships, or approaches to develop, evaluate, and demonstrate
non-regulatory strategies and technologies.
What is Pollution Prevention?
EPA has defined pollution prevention as "source reduction;" that is, any
practice that reduces or eliminates any pollutant prior to recycling, treatment, or
disposal. EPA further defines pollution prevention as the use of other practices
that reduce or eliminate the creation of pollutants through:
¦ increased efficiency in the use of raw materials, energy, water, or other
resources, or
¦ protection of natural resources by conservation.
To help better understand pollution prevention, EPA has established a
hierarchy of environmental management practices. In order of preference, these
practices include:
Pollution Prevention
Recycling
Treatment
Disposal
How is Pollution Prevention Different From Other EPA Programs?
EPA programs have traditionally focused on treatment, disposal, and
remediation. These types of activities, though they are important parts of an
overall environmental management program, are not pollutant prevention
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activities because they are concerned with the handling and management of waste
and pollutants after they have been generated. EPA has other program funds
available for recycling, treatment and disposal initiatives including funds to support
lead abatement projects and to clean up hazardous waste sites.
Eligible Applicants
Who is Eligible to Apply for Funding? May an Applicant Submit More Than
One Proposal?
Eligible applicants include any federally-recognized tribal government or
501(c) incorporated non-profit organization.
No applicant can have two grants for the same project at one time under the
EJP2 grant program. EPA will consider only one proposal for a given project
Applicants may submit more than one application as long as the applications are
for separate and distinct projects. However, no organization will receive more
than one grant per Region per year under the EJP2 grant program.
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CROSS MEDIA PROGRAMS
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POLLUTION PREVENTION
EPA's Pollution Prevention Approach
The Pollution Prevention Act of 1990 establishes pollution prevention as
national policy-EPA's preferred approach for protecting human health and the
environment The primary goal of pollution prevention is preventing or reducing
the generation of wastes and pollutants at the source. Potential pollutants or
wastes that cannot be prevented should be recycled whenever possible. Potential
pollutants that cannot be prevented or recycled should be treated in an environ-
mentally-safe manner. Disposal or other release into the environment should be
used only as a last resort and should be conducted in an environmentally.-safe
manner. Instead of using traditional pollution treatment and control methods to
stop existing pollutants from reaching the environment, pollution prevention aims
to anticipate and avoid the generation of pollutants in the first place.
Actions For Tribes
Rulings by courts, pronouncements by EPA, or wishing alone cannot clean up
the environment or keep it from becoming more polluted. What we need is a
unified effort, tribal leaders can develop policies that encourage environmental
awareness and provide mechanisms to help build/maintain the ethic of preventing
pollution.
Here are suggestions on how tribal leaders can fight pollution and preserve
environmental quality, human health and natural resources:
¦ Set pollution prevention as a major goal and integrate the concept into
governmental activities. Publicly recognize pollution prevention as a priority.
Practice what you preach-set an example.
¦ Educate the community about pollution prevention. Create an awareness of
the profitability and benefits of pollution prevention through greater efficiency
and stewardship of natural resources.
¦ Develop programs that provide environmental alternatives:
~ Use less energy. Set back thermostats; insulate; buy energy-efficient
lighting and appliances and make creative use of daylight.
~ Use less water. Be conservative. Use ultra-low flush toilets; install water
meters; repair leaks; review maintenance schedules and use water-
conserving landscaping.
~ Buy energy efficient automobiles and other fleet vehicles and keep them
tuned. Carpool, bike, walk or use mass transit when possible.
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~ Encourage sustainable agriculture. Take advantage of natural methods of
protection. Apply pesticides, such as insecticides and herbicides, care-
fully if they must be used.
~ Reduce toxic use; encourage product substitution and environmentally
sound operation modifications.
~ Buy recycled or recyclable products. Seek out reusable, recyclable or
returnable packages.
~ Plant trees, shrubs and indoor plants. They replenish the earth's oxygen
supply and clean the air by removing pollution.
¦ Practice preventative maintenance with equipment, including air conditioning,
pumps, power generation, etc. Well maintained equipment generates fewer
emissions and uses less energy.
¦ Conduct P2 assessments at any tribal operation that produces sizable pollutant
emissions-air, water, solid or hazardous waste. These operations might have
unsuspected potential for reducing waste (and cutting costs).
For a l&iagcf pollution prevention grant opportunities, contact Karen
Sundheim at EPA Region 9*s library at 415-744-1508.
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CROSS MEDIA PROGRAMS
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ENVIRONMENTAL EDUCATION GRANTS
The Environmental Education grant program was authorized by the National
Environmental Education Act of 1990. Since it was first funded in 1992 there has
been an annual solicitation for proposals.
Activities eligible for funding under this program as defined by the Act include
projects that design, demonstrate or disseminate practices related to environmental
education. Funds may not be used for construction activities, technical training of
environmental professionals, non-educational research and development, or
environmental information projects.
Tribal, state, and local educational or environmental agencies, colleges,
universities, non-profit organizations, and non-commercial educational broadcasting
entities are eligible for this grant. Partnerships are encouraged. Individuals are not
are eligible to apply.
Proposals for up to $25,000 are addressed to the regional office; request for
above $25,000 to the statutory limit of $250,0000 are sent to EPA Headquarters in
Washington D.C.
In its four years of operation, this program has attracted considerably more
applications than available funding could award. Because there is a direct propor-
tion between the amount of funding requested and the degree of competition,
Congress designated that half of each region's allocation be reserved for grants of
$5,000 or less to encourage a community based small grants approach.
Examples of Funded Activities
~ Teacher training and curriculum activity kits for fourth grade teachers. The
model currently in use in the schools offers a cross-cultural environmental
curriculum and presents Native American traditions in a scientific context.
< Tribal Environmental Education Program aimed at all community members
with a particular emphasis for high school youth. Community activities
include recycling workshops, clean-up days, poster contests, and Earth Day
Fair. An environmental education summer camp and habitat study will be
conducted for tribal youth.
~ "Reservation Environmental Science Education Training". Staff development
training in the environmental science curriculum will allow Native American
students to get involved in hands on projects that address daily environmental
problems of waste management and water pollution in Indian Country.
For additional information contact Matt Gaffney at (415) 744-1582.
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CROSS MEDIA PROGRAMS
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QUALITY ASSURANCE AND REGIONAL
LABORATORY
Quality Assurance Management Section
The Quality Assurance Management Section (QAMS) implements the Region
9's mandatory quality assurance (QA) program. It develops regional QA guidance
and procedures and provides assistance in areas of preparation of QA management
plans, QA project plans, and field sampling plans; QA and technical options and
requirements for sampling and analysis; evaluation of data; and data reduction
procedures. The Section reviews and approves technical documents related to
environmental measurements including QA plans, sampling plans, work plans,
alternative test procedures and QA management plans. QAMS also provides input
on other technical documents such as final reports, data validation reports,
scoping plans, analytical data packages, and proposals as needed.
The Quality Assurance Management Section conducts performance and
system audits, and manages the Regional Sample Control Center which allocates
samples to EPA contract laboratories or to the Region 9 laboratory. The Section
provides training in QA and environmental monitoring. QAMS personnel are also
available to help assess and establish QA programs relevant to all environmental
areas, e.g., air, water, solid waste, pesticides, and cross media programs. Besides
providing national and regional guidance documents, QAMS also acts as a clearing
house for technical information which might be available from other tribal or state
organizations.
Region 9 Laboratory
The Laboratory Section (LS) provides analytical services in support of
wastewater sampling inspections, drinking water sampling inspections. Resource
Conservation and Recovery Act (RCRA) sampling inspections, hazardous waste
site investigations, Superfund investigations, ambient water quality monitoring
programs, toxicity testing, and other regional activities. The Laboratory Section is
responsible for Drinking Water Certification and evaluation of laboratories
conducting National Pollutant Discharge Elimination System (NPDES) analyses.
The LS operates the Field Analytical Support Program (FASP) mobile laboratory,
provides field audits, and provides training in sampling.
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Air & Toxics
Programs
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AIR & TOXICS PROGRAM
CLEAN AIR ACT
With the goal of preventing or controlling discharges of air pollutants into the
atmosphere, Congress passed the original Clean Air Act in 1955 and subsequently
authorized several amendments, the most recent in 1990. The CAA establishes
national ambient air quality standards (NAAQS) for six common or "criteria**
pollutants: sulfur dioxide, carbon monoxide, nitrogen oxides, ozone, lead, and
particulate matter less than 10 microns in diameter (PM-10). The CAA classifies
areas not meeting those standards as "nonattainment areas*' and requires them to
implement specified air pollution controls. The CAA also establishes emission
standards for hazardous air pollutants (or "air toxics") from new and existing
sources, and also addresses mobile sources, permitting and enforcement programs.
Ambient Air Quality
In August 1994, EPA issued a proposed rule that would provide tribes authority
to implement and administer Clean Air Act (CAA) programs in essentially the same
manner as states. EPA anticipates issuing a final rule in late 1995 or early 1996
after analyzing the comments on the proposal.
Providing tribes authority to administer CAA programs represents a critical
step in empowering tribes to improve and protect tribal air quality. When this rule
becomes final, EPA will work with the tribes to develop the necessary programs to
address air concerns. Some tribes may choose not to develop air quality programs
or to develop only some parts of an air program. Until a tribe chooses to administer
its own air quality program, EPA will continue to administer CAA programs within
the tribe's jurisdiction.
As one of the first steps in developing a tribal air program, EPA encourages
"tribal governments to assess thoroughly their current air quality through emissions
inventories. This will help tribes estimate the nature and location of any air quality
problems.
Depending upon the results of the emissions inventory and projected growth,
several courses of action may be required. Minor air quality problems may be
addressed through public education and the application of some basic control
strategies. More serious air pollution problems may require a combination of air
monitoring, modeling, rule development, enforcement and the development of tribal
Implementation Plans and other air programs.
Operating Permits for Air Pollution Sources
Title V of the Clean Air Act Amendments of 1990 established a new require-
ment for operating permits for major stationary sources of air pollution. These
operating permits are designed to enhance the ability of EPA, permitting authori-
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ties and citizens to enforce the requirments of the Act. Permits will also clarify for
these sources exactly which requirements are applicable to them and what the
source must do to comply with those requirements. Sources must pay fees annually
to the premitting authority.
This program applies not only to major sources of the common air pollutants
(for example, particulate matter, sulfur dioxide, etc.) but also to sources of air
toxics. The Act lists 189 air toxics and EPA has identified over 170 source
categories of these toxic emissions. These sources must submit applications for
Title V operating permits unless they are below certain thresholds in their emis-
sions.
How the Program Will Work
EPA's principal objective is to assist tribes in developing and administering
their own Title V operating permit programs. Currently, EPA is retaining author-
ity for this pcogutaia Indian Country until a tribe chooses to develop and adminis-
ter its own program. Both tribal and state programs are subject to EPA review and
approval.
Availability of Tribal Air Grants
Two important sources of financial assistance for tribal air quality planning and
management activities are 1) EPA's Indian Environmental General Assistance
Program (GAP) and 2) grant funds awarded under Section 103 of the Clean Air
Act to be used for assessment, investigation, demonstration and studies.
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AIR & TOXICS PROGRAM
REFRIGERANT RECYCLING AND THE
PROHIBITION ON VENTING
Under Section 60S of the Clean Air Act, EPA published final regulations on
May 14,1993 that:
¦ Requires service practices to maximize recycling of ozone-depleting com-
pounds (chlorofluorocarbons [CFCs] and hydrochlorofluorocarbons
[HCFCs])during the servicing and disposal of air conditioning and refrigera-
tion equipment
¦ Sets certification requirements for technician, reclaimers and for recovery and
recycling equipment
¦ Establishes safe disposal requirements to ensure removal of refrigerants from
goods that enter the waste stream with the charge intact (e.g., motor vehicle
and room air conditioners and home refrigerators).
Effective July 1,1992, section 608 of the Act prohibits individuals from
knowingly venting ozone-depleting compounds used as refrigerants into the
atmosphere. Only three types of releases are permitted under the prohibition:
¦ Minute quantities of refrigerant released in the course of making good faith
efforts to recapture and recycle or safely dispose of refrigerant
¦ Refrigerant emitted in the course of normal operation of air conditioning and
refrigeration equipment such as from leaks and mechanical purging although
there are leak repair requirements in many circumstances).
¦ Mixtures of nitrogen and R-22 that are used as holding charges or as leak test
gases because in these cases, the ozone-depleting compound is not used as a
refrigerant.
Use of Approved Equipment
Technicians repairing or servicing motor vehicle air conditioners must use
either refrigerant recover/recycle or recover-only equipment approved by EPA.
Most certified equipment will be labeled as "design-certified to SAE standards." A
list of both types of approved equipment is available from EPA at the address at
the end of this section, or by phoning 415-744-1086 or 1-800-296-1996.
Technician Training and Certification
Technicians who repair or service motor vehicle air conditioners must be
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trained and certified by an EPA-approved organization. Training programs must
cover the use of recycling equipment in compliance with the Society of Automotive
Engineers (SAE) Standard J-1989, the regulatory requirements, the importance of
refrigerant containment, and the effects of ozone depletion. A list of approved
testing programs is available from EPA.
Safe Disposal Requirements
Equipment that is typically dismantled on site before disposal (e.g. retail food
refrigeration) must have the refrigerant removed and recovered in accordance with
EPA's requirements for servicing. However, equipment that typically enters the
waste stream with the charge intact (e.g. motor and room air conditioners) is
subject to special safe disposal requirements. Under these requirements, the final
person in the disposal chain is responsible for ensuring that refrigerant is
recovered from equipment before the final disposal of the equipment
Hazardous Waste Disposal
If refrigerants are recycled or reclaimed, they are not considered hazardous
under federal law. In addition, used oils contaminated with CFCs are not hazard-
ous on the condition that:
¦ They are not mixed with other waste.
¦ They are subjected to CFC recycling or reclamation.
¦ They are not mixed with used oils from other sources.
Used oils that contain CFCs after the CFC reclamation procedure are,
however, subject to specification limits for used oil fuels if these oils are destined
for burning. Individuals with questions regarding the proper handling of these
materials should contact EPA's RCRA Hotline at 1-800-424-9346.
Additional Information:
For information concerning regulations related to stratospheric ozone protec-
tion, please call:
Stratospheric Protection Program
US EPA Region 9 (A-3-2)
415-744-1086
EPA Stratospheric Ozone Hotline: 1-800-296-1996
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AIR & TOXICS PROGRAMS
ASBESTOS
Schools - Public and Private Nonprofit
On October 22,1986, President Reagan signed the Asbestos Hazard Emer-
gency Response Act (AHERA) into law. The Act required EPA to develop regula-
tions creating a comprehensive framework for addressing asbestos hazards in
schools. The Act required EPA to construct a model accreditation program for
individuals who conduct inspections for asbestos, develop management plans, and
design and perform abatement work. Asbestos is also regulated under the authority
of the National Emission Standards for Hazardous Air Pollutants in the Clean Air
Act
Other provisions of AHERA require all tribal, public and private elementary
and secondary schools to conduct inspections for asbestos-containing building
materials, develop management plans and implement response actions in a timely
fashion.' Specifically, each local education agency (or LEA, which means a public
school district or private nonprofit school) must do the following:
¦ Designate and train a person to oversee asbestos-related activities in the LEA
(designated person).
¦ Inspect every school building for both friable and nonfriable asbestos contain-
ing building materials.
¦ Prepare a management plan for managing asbestos and controlling exposure
in each school and submit that plan to the appropriate state agency. The plan
should include a time frame for implementation of recommended actions.
¦ Use only properly accredited persons to conduct inspections and develop the
asbestos management plan. Accredited personnel must also conduct the
required reinspections every three years.
¦ Provide custodial staff and short-term workers with information about the
location of any asbestos-containing materials. Post warning labels as re-
quired.
¦ Survey all locations of asbestos-containing materials for damage every six
months. Take appropriate steps to repair or replace damaged materials.
¦ Provide custodial and maintenance staff with two hours of awareness training
and an additional 14 hours of training for employees whose duties may cause
them to disturb asbestos. This additional training must include proper work
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practices and the use of protective equipment when disturbing asbestos
containing materials.
¦ Notify parents, teachers and other school employees about the asbestos
inspection and the availability of the asbestos management plan for review.
¦ Utilize properly accredited individuals to design and conduct asbestos
abatement actions that are necessary and appropriate to protect health and the
environment. These actions or methods must be documented in the manage-
ment plan.
¦ Keep records of all asbestos-related activities in each school plan and make
them available for citizen review.
LEAs were required to begin implementation of their management plaiis by
July 9,' 1989. LEAs are required to update and maintain management plans to
reflect activities with ongoing operations and maintenance, periodic surveillance,
inspection, reinspection and response action activities.
Public and Commercial Buildings
In 1990, Congress enacted the Asbestos School Hazard Abatement Reauthori-
zation Act (ASHARA) which amended AHERA to extend some of the training
and accreditation requirements to persons performing such work in public and
commercial buildings.
A public and commerical building is defined as the interior space of any
building which is not a school building except that the term does not include any
residential apartment building of fewer than 10 units or detached single-family
homes. The term includes, but is not limited to, industrial and office buildings,
residential apartment buildings and condominiums of 10 or more units, govern-
ment-owned buildings, colleges, museums, airports, hospitals, churches, pre-
schools, stores, warehouses and factories. Interior space includes exterior hallways
connecting buildings, porticos, and mechanical systems used to condition interior
space.
ASHARA requires accreditation for any person who inspects for asbestos-
containing material (ACM) in a public and commercial building, or who designs
or conducts a response action with respect to friable ACM is such a building. As a
result, accreditation requirements for inspectors, project designers, workers, and
contractor/supervisors now apply equally to persons in both schools and public and
commercial buildings (Congress did not extend the accreditation for management
planners to public and commercial buildings).
In addition, ASHARA required EPA to increase the minimum of hours of
training, including hands-on training, required for asbestos abatement workers in
both schools and public and commercial buildings. It also provided for a civil
penalty for contractors who fail to comply with TSCA accreditation requirements
by inspecting, designing, or conducting a response action in a school or public
and commercial building without TSCA accreditation or by employing individuals
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to conduct response actions in such a building and failing to require or provide
TSCA accreditation for the employees.
All Buildings
In 1971 the Administrator of the EPA determined that asbestos presents a
significant risk to human health and is therefore a hazardous air pollutant. The
National Emission Standards Hazardous Air Pollutants (NESHAP) for asbestos,
promulgated under section 112 of the Clean Air Act, specifies emission control
requirements for the milling, manufacturing and fabricating of asbestos; for
demolition and renovation activities; and for the handling and disposal of asbes-
tos-containing waste materials.
The NESHAP requires that each owner or operator of a demolition or renova-
tion activity thoroughly inspect the affected facility or part of the facility for the
presence of asbestos, including nonfriable asbestos, before commencement of the
demolition or renovation. Private residences of four units or less are exempt from
the NESHAP. Regulated asbestos must be properly removed prior to the demoli-
tion of a structure.
Under the NESHAP, all demolitions require notification to the appropriate
regulatory agency, including facilities containing no asbestos. Work practice
procedures, waste disposal requirements, and recordkeeping provisions apply to
those demolition operations where the amount of regulated asbestos-containing
material (RACM), as defined in Section 61.14i.when measured, meets or exceeds
260 linear feet on piping, 160 square feet on other facility components, or 35 cubic
feet of asbestos-containing material that has already been stripped or removed and
placed in containers, or left on the floor or ground.
Under the NESHAP, renovations, including individual nonscheduled
operations, require notification to the appropriate regulatory agency, as well as
compliance with work practice procedures, waste disposal requirements and
recordkeeping provisions where the amount of RACM, when measured, meets or
exceeds 260 linear feet on piping, 160 square feet on other facility components, of
35 cubic feet of asbestos-containing material that has already been stripped or
removed and placed in containers, or left on the floor or ground.
The NESHAP requires at least one representative trained in the provisions of
this regulation be on site during any stripping, removal or handling of RACM. The
AHERA contractor/supervisor course meets the NESHAP training requirements.
The NESHAP requires that notification be submitted at least 10 working days
before any asbestos stripping, removal or any other activity begins that would
otherwise disturb the asbestos material.
Please notify the EPA Regional Office if a demolition or renovation is to
occur in your area.
The initial point of contact to obtain information on asbestos activities should
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be the LEA designee. This individual is most familiar with the asbestos situation in
your schools.
For The Following Information, Please Call The EPA Regional Office Contact:
EPA Region 9 Asbestos Program: 415-744-1093
EPA Region 9 NESHAP Program: 415-744-1145
40 CFR 61 National Emission Standard for Hazardous Air Pollutants;
Asbestos NESHAP Revision; Final Rule
'The Asbestos Informer"
"Asbestos/NESHAP Adequately Wet Guidance"
"Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance"
"Reporting and Recordkeeping Requirements for Waste Disposal"
"Common Questions on the Asbestos NESHAP"
"A Guide to the Asbestos NESHAP As Revised November 1990"
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AIR & TOXICS PROGRAMS
INDOOR RADON
Radon is a naturally occurring radioactive gas that comes from the natural
breakdown (radioactive decay) of uranium in soil, rock and water. Radon moves
up through the ground to the air above and into homes and other buildings
through cracks or holes in the foundation and other entry points. The home acts to
trap radon gas, especially when the home is closed, increasing indoor radon levels.
Most soils contain varying amounts of uranium and, therefore, elevated radon
levels have been found in homes, schools and buildings throughout the U.S.
Exposure to high radon levels is dangerous. The health hazard from radon
arises from inhaling its radioactive decay products. The Surgeon General has
warned that radon is the second leading cause of lung cancer in the U.S. today,
and is estimated to cause about 14,000 deaths per year. For persons who smoke,
the health risk of inhaling radon is especially high.
EPA has established procedures for testing homes, schools and buildings.
These testing procedures are described in various radon documents that are
available from EPA. EPA has established an action level for indoor air radon
levelsof 4 pCi/1 (picocuries per liter). Nearly one out of every 15 homes in the
U.S. is estimated to have radon levels that exceed the action level.
In 1988 Congress enacted the Indoor Radon Abatement Act (IRAA) with the
goal of reducing indoor radon levels to radon levels found in outside air. Among
other provisions, IRAA provided funds for tribal governments to establish radon
programs and to assist tribal governments, and to encourage tribal members to
test for radon and mitigate elevated radon levels. IRAA also required EPA and
IHS to develop a national description of radon levels in homes and schools
throughout the countiy. To date, seven tribes, in conjunction with EPA and IHS,
have conducted radon residential surveys to characterize statewide radon distribu-
tions. Additionally, about 1,200 schools were tested in the winter of 1991. Results
of the National School Radon Survey are available from EPA.
IRAA also required EPA to develop a program to evaluate radon mitigation
contractors and radon measurement labs. In response, EPA established four
regional radon training centers to train radon professionals. EPA also developed a
national proficiency exam to test the knowledge of radon contractors. Contractors
who pass the exam are listed on the Radon Contractor Proficiency (RCP) list
EPA also established the Radon Measurement Proficiency (RMP) Program.
This program tests and evaluates the accuracy of firms that supply radon test
devices. Those that pass the program are included on the RMP list.
It is very likely that there are homes, day care centers, schools or commercial
buildings that have elevated indoor air concentrations of radon. Testing is the only
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way to know.
Currently, most radon-related policies are non-regulatory. EPA, IHS and
tribal governments have focused their energies toward educating the tribal
members about the health risk of radon and encouraging voluntary testing of
homes and buildings. Some tribes, IHS and HUD, however, have developed radon
regulations, including certification of radon professionals and mandatory testing of
all schools. Additionally, model building codes for new construction have been
developed that may be incorporated into the building codes of local jurisdictions.
Finally, Congressional attention has been directed toward required radon disclosure
during real estate transactions that involve federal agencies, such as FHAorHUD.
Tribal governments can act to protect their residents from radon in several
ways. First, by developing radon education and outreach programs; second, by
adopting radon-resistant building codes for new construction, such as the model
codes; third, by encouraging voluntary testing in communities; fourth, by ensuring
that local radon contractors are RCP-listed or state-certified; and finally, by
working in conjunction with EPA and community organizations, such as the
American Lung Association, to elevate tribal attention to this important health
risk.
Additional Information
Radon Measurement Proficiency Program
Research Technical Information Service
Research Triangle Institute
Research Triangle Park, NC 27709
1-334-272-2797
Western Regional Radon Training Center
1420 Austin Bluffs Parkway
Colorado Springs, CO 80918
1-800-462-7459
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AIR & TOXICS PROGRAMS
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PESTICIDES
Few chemicals have had as much impact or been the subject of as much
controversy in recent decades as pesticides. EPA has the authority to regulate
pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
Under FIFRA, EPA has the authority and responsibility for regulating pesticide
registration, production, sale, distribution, and use. No pesticide may legally be sold
or used in the United States unless it has been registered by EPA and bears an EPA
registration number. EPA also has the authority to suspend or cancel the registration
of a pesticide.
All pesticides must have a label. The label includes instructions for use, human
and environmental precautions to be taken, and storage and disposal of containers.
The label, together with any literature to which it refers, has the force of law.
In addition to enforcement for the production, sale, distribution and use of
pesticides, issues currently being dealt with in the pesticide program include
agricultural workers' and pesticide handlers' safety, applicator certification and
training, pesticides in groundwater and endangered species. EPA is also targeting
funds to promote innovative projects that reduce the risk posed by pesticide use,
including Integrated Pest Management projects.
With regard to agricultural workers' and pesticide handlers' safety, EPA
proposed new Worker Protection Standards in 1988. These standards were
published as final regulations on August 13, 1992. These standards, which were in
response to a significant number of pesticide poisonings occurring every year,
strengthened earlier protection provisions, reduced risks of exposure and extended
additional coverage to handlers and field workers.
Currently there are about 100 active ingredients federally registered, which
are classified as restricted use. Pesticides containing these active ingredients can
only be applied by, or under the direct supervision of, a certified applicator.
Applicants are certified by states and tribes under plans approved by EPA.
Efforts are under way to strengthen tribal enforcement and pesticide applicator
training programs, particularly with respect to groundwater protection, worker
protection and endangered species protection. EPA prepared a Pesticides in
Groundwater Strategy in 1991 to address risks of groundwater contamination by
pesticide chemicals. EPA is required under the Endangered Species Act, to protect
listed species and their habitat from the effects of pesticides. In 1989 EPA proposed
an Endangered Species Protection Program to accomplish this.
EPA may enter into cooperative agreements with tribes to cooperate in the
enforcement of FIFRA and to assist tribes in developing and administering plans to
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train and certify pesticide applicators.
Additional Information:
Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), as amended
40 CFR, Parts 150 to 189
Pesticides in Groundwater Strategy, U.S. EPA
54 Federal Register 27984 (July 3,1989)
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AIR & TOXICS PROGRAMS
TOXICS - PCB'S
The Environmental Protection Agency was required by Congress under
Section 6(e) of the Toxic Substances Control Act (TSCA) (Public Law 94-469,
October 11,1976) to promulgate rules for the marking, storage and disposal of
Polychlorinated Biphenyls (PCBs). It also specifies requirements for marking,
storage and disposal of PCBs.
PCBs were used extensively by the electric power industry for insulating
electrical equipment (for example, transformers, capacitors) as well as for fire
suppression. Many insulating materials used in heating and ventilating systems
also contained PCBs. Manufacturers inadvertently contaminated about twelve
percent of the mineral oil-filled electrical equipment in use prior to 1976 by using
the same pumps and lines to fill their premium PCB equipment and their mineral
oil equipment
PCB levels at or above 50 parts per million in fluids or non-fluid materials are
regulated by the EPA, but EPA allows the use of PCB equipment for the remainder
of its useful life, as long as the equipment is properly monitored and maintained.
Tribes confronted with PCB issues should contact the Region 9 PCB program
at 415-744-1093.
Additional Information:
PCB Regulations; 40 CFR, Part 761.
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AIR & TOXICS PROGRAMS 1
TOXICS - LEAD
Lead poisoning is known to cause serious health problems, especially in
children. Even at low levels, lead poisoning can result in learning deficiencies,
reduced intelligence, and other developmental problems. The main source for
exposure is through lead-based paint. Lead-based paint was banned for residential
use in 1978, but any house built before then may contain it It is estimated that
around three-fourths of the housing stock in the U.S. contains lead-based paint,
and as many as three million may be affected by lead poisoning.
To deal with this problem, the Residential Lead-Based Paint Hazard Reduc-
tion Act of 1992 - commonly referred to as Title X - added Title IV to the Toxic
Substances Control Act (TSCA). Together, these laws mandated EPA to do the
following:
¦ Write regulations for training and certification of lead abatement work-
ers.
¦ Develop a model state program for tribes, states, and territories to adopt
¦ Define proper abatement procedures.
¦ Develop a lead hazard information pamphlet.
¦ Develop renovation and remodeling guidelines.
Title X regulations will require that anyone doing lead abatement work will be
trained, certified, and will perform the abatement work in a safe manner to protect
both human health and the environment. The regulations will also require that a
person buying or leasing a pre-1978 residence will be notified of known lead
hazards, issued a lead hazard information pamphlet, given an opportunity to
inspect the property and include specific language regarding lead hazards in any
contract for sale or lease.
Tribal governments can work to prevent lead poisoning by educating their
constituents in the identification and control of lead hazards. For tribes with
sufficient infrastructure and an established lead problem, Title X authorizes grants
to establish training and accreditation programs to regulate those involved in lead-
based paint activities. Other tribes may wish to consider other funding alternatives,
such as an Environmental Education grant, an Environmental Justice grant, or
include lead education and outreach as an element of a General Assistance grant.
Any tribe wishing more information should contact Don Lanier at 415-744-
1123.
Additional Information:
Lead-Based Paint Regulations: 40 CFR Part 745
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AIR & TOXICS PROGRAMS
TOXICS RELEASE INVENTORY PROGRAM
What is the Toxics Release Inventory (TRI) Program?
Congress passed the Emergency Planning and Community Right-to-Know Act
(EPCRA) in 1986. Section 313 of the EPCRA mandates that certain businesses
submit reports each year on the amounts of 654 chemicals and chemical categories
the facilities released, either routinely or by accident. Starting with reporting year
1994, all federal facilities are also required to report
The purpose of TRI is to provide information about chemical releases to the
environment to the community and government officials. In many cases this
information has stimulated reductions in emissions, both through a focusing of
facility managers' attention on wastes and increased involvement by the public.
Who Is Subject to the EPCRA Section 313 Release
Reporting Requirements?
A plant, factory, or other facility is subject to the reporting requirements if it
meets all of the following three criteria:
¦ It conducts manufacturing operations included in Standard Industrial Classifi-
cation (SIC) codes 20 through 39 (This criterion does not apply to federal
facilities); and
¦ It has 10 or more full-time employees (or the equivalent of 20,000 hours per
year); and
¦ It manufactures, imports, processes, or otherwise uses any of the listed toxic
chemicals in amounts greater than the "threshold" quantities. For manufactur-
ing, importing, or processing, the threshold quantity is 25,000 pounds per
toxic chemical or category over the calendar year. For otherwise using any of
the listed toxic chemicals (without incorporating it into any product or produc-
ing it at the facility), the threshold quantity is 10,000 pounds per toxic chemi-
cal or category over the calendar year.
How to Get Information About the Toxic Chemical
Releases
Annual release reports (Form R) are entered into a national computerized data
base called the Toxic Release Inventory System, or 'TRIS." This is the only multi-
media database EPA has on chemical releases and can be used as a yardstick to
measure progress in pollution prevention. The data is available through state offices
where the forms are filed, through EPA's regional offices, and through EPA's
i
h
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EPCRA Hotline. In addition, non-trade secret data are available directly to the
public through the TOXNET system (National Library of Medicine) and in other
forms such as annual national reports, CD-ROM and RTK NET. Many university
and public libraries can provide this access.
How Can TR1 Help Your Tribe?
The TRI database can provide your tribe with the following types of informa-
tion:
¦ Which toxic chemicals were released into the environment from a specific
facility or facilities in a specific community.
¦ How much of each chemical was released into the air, water, and land.
¦ How chemical wastes were treated on-site and what was the efficiency of the
treatment
¦ How much of the chemicals were transported away from the site of the facility
for recycling, treatment or disposal.
The TRI data can be printed by year, chemical, facility, county, city, and zip
code in a format tailored to meet your need.
To learn more about the TRI Program contact the Toxics Section at (415) 744-
1093 or the toll-free national EPCRA Hotline number at (800) 535-0202.
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WASTE PROGRAMS
EMERGENCY RESPONSE
Region 9 operates an Emergency Response Program to receive reports and
provide Region-wide response to hazardous materials incidents, sites, and oil spills,
which are beyond the capability of local, state, or tribal respondent The 24-hour
spill hotline number to call is 415-744-2000. The person who answers the call will
obtain as much information as possible about the spill and will then arrange to have
a tribal, state, or federal agency respond to the spill, as appropriate.
EPA has a memorandum of understanding with Arizona and Nevada through
which the states have agreed to provide hazmat emergency response on federal
lands and in Indian Country in Arizona and Nevada respectively. Response in
Indian Country is only at the request of the tribe. The benefit for the tribe is faster
hazmat reponse with the EPA providing support In Arizona, call the Arizona-
Department of Environmental Quality's 24-hour Emergency Response Hotline at
602-207-2330. In Nevada call the Office of Emergency Management at 702-687-
4240 from 8:00 a.m. to 5:00 p.m., Monday through Friday, or 702-687-5300 after
hours and on holidays and weekends.
EBBS
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WASTE PROGRAMS
SUPERFUND PROGRAM
As the 1970's came to a close, a series of stories gave Americans a look at the
dangers of dumping industrial and urban wastes on the land. First there was New
York's Love Canal. Hazardous waste buried for 25 years contaminated streams and
soil, and endangered the health of nearby residents, who had to be evacuated. The
dioxin-tainted land and water in Times Beach, Missouri also attracted attention.
It became increasingly clear that there were large numbers of serious hazard-
ous waste problems that were falling through the cracks of existing environmental
laws. The magnitude of these emerging problems moved Congress to enact the
Comprehensive Environmental Response, Compensation and Liability Act in 1980.
CERCLA commonly known as Superfund - was established to deal with the
dangers posed by the Nation's hazardous waste sites.
Since the program began, hazardous waste has surfaced as a major environ-
mental concern in every part of the United States. It wasn't just the land that was
contaminated by past disposal practices, chemicals in the soil were spreading into
the groundwater and into streams, lakes and wetlands. Toxic vapors contaminated
the air at some sites, while improperly disposed or stored wastes threatened the
health or environmental resources of the surrounding community.
Few realized the size of the problem until EPA began the process of site
discovery and evaluation. Thousands of potential sites existed. Congress directed
EPA to set priorities and establish a list of sites to target. The sites on the National
Priority List (NPL), almost 1,300 in number, are the most complex and compelling
cases of the entire inventory of potential hazardous waste sites.
Superfund responds immediately to sites posing imminent threats to human
health and the environment at both NPL sites and sites not on the NPL. The
purpose is to stabilize, prevent, or temper the effects of a release of hazardous
substances, or the threat of one, into the environment. Imminent threats might
include tire fires or transportation accidents involving the spill of hazardous
chemicals.
Superfund activities depend upon local participation. EPA analyzes hazards
and deploys experts, but the Agency needs community input. EPA encourages and
solicits input from tribal governments and tribal members in Superfund clean-up
decisions.
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WASTE PROGRAMS
SARA TITLE HI - THE EMERGENCY PLANNING
AND COMMUNITY RIGHT-TO-KNOW ACT
SARA Title III has two purposes: to encourage and support emergency
planning for responding to chemical incidents, and to provide local governments
and the public with timely and comprehensive information about possible chemical
hazards in communities.
Does the Emergency Planning and Community Right-to-
Know Act (EPCRA) Apply To My Community?
Yes. The chemicals in your community may pose a threat to citizens and to
those individuals being asked to respond to emergencies involving hazardous
substances. AH facilities in the community storing certain hazardous chemicals
(exceeding specified quantities) must provide information to appropriate govern-
mental agencies and to the public. Also, if there is a chemical incident which results
in the release of any one of a large number of hazardous substances, immediate
notification must be made to governmental agencies.
The law provides stiff penalties for facilities that do not comply, and it allows
citizens to sue the owner or operator of a facility and regulatory agencies for failure
to provide information that must be made public.
What Are The Requirements Under This Law?
The law, passed in October 1986 and applied to the Indian tribes by regulations
in July 1990, has many requirements and deadlines. For example, tribal
chairpersons are required to establish Tribal Emergency Response Commissions
(TERCs). TERCs are required to appoint and supervise Local Emergency Planning
Committees (LEPCs). LEPCs are required to develop a local chemical emergency
response plan to respond to chemical emergencies in their jurisdiction. Additionally,
the LEPC must exercise, review and update the plan annually, informing the
community of these activities.
The LEPC has other responsibilities besides developing an emergency response
plan. It receives emergency release and hazardous chemical inventory information
submitted by local facilities and must make this information available to the
community upon request
Title m requires owners and operators of facilities storing specified hazardous
substances to report to the LEPC within 60 days. When facilities provide the
information required by the Act, local officials and tribal communities can better
prepare themselves for chemical emergencies.
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If the Emergency Planning and Community Right-to-Know
Act applies, what should I do?
As a tribal official, you should insist on complete planning and adequate
preparation for an emergency. There are four options for tribal compliance under
EPCRA:
1. The tribe may form an independent Tribal Emergency Response Commission
(TERC) with either a separate Local Emergency Planning Committee (LEPC)
or a combination TERC/LEPC which serves both roles.
2. The tribal chairperson can appoint members to an independent TERC with
either a separate LEPC or a combination TERC/LEPC which serves both roles.
Most tribes have chosen the latter.
3. The tribe may form a cooperative agreement with the state within which its
lands are located. In this case, the tribe will either be a separate LEPC within
the state or participate in a nearby LEPC.
4. Until a decision is made and an action taken, the tribal chairperson is consid-
ered a one person TERC by default. This is another option some tribes have
chosen.
It is important to not only participate in emergency planning, but also to
communicate with the members of the LEPC. Become familiar with the law so that
you will know what tools are available for assessing and managing risks within the
community. Identify what needs to be done to better prepare the community to deal
more effectively with, and prevent, chemical emergencies.
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WASTE PROGRAMS
RCRA HAZARDOUS WASTE
Hazardous waste is prevalent throughout all levels of commerce and industry.
Wastes are identified as hazardous if they pose a potential danger to human health
and/or the environment when not properly treated, stored, transported, disposed or
otherwisejnan^ged. Potential dangers include explosions, fires, corrosive destruc-
tion of materials, chemical reactions and/or health impairing exposure to toxic
chemicals. The greater the quantity or concentration of chemicals exhibiting any of
these dangers, the greater the need to assure their proper management
In i93£,ODB£ress enacted the Resource Conservation and Recovery Act
(RCRA) as the primary regulatory vehicle to assure that hazardous waste is properly
managed .from ihe point of its generation to its ultimate disposal or destruction, i.e.,
"from cradle to grave." RCRA establishes a very complex and comprehensive set
of requirements to define which hazardous waste is subject to regulation as well as
the responsibilities of anyone who generates, transports, stores, treats, disposes or
otherwise manages hazardous waste. At this time, waste generated by individual
households is not subject to federal RCRA requirements.
There are three categories of hazardous waste generators under the RCRA
program requirements:
¦ Generator - Facilities that generate more than 1,000 kilograms (kg) per
month of any hazardous waste or more than one kilogram of any "acute"
hazardous wafle (A kilogram is approximately 2.2 pounds and 1,000 kg is
approximately five, 55 gallon drums of material.).
¦ Small Quantity Generator - Facilities that generate less than 1,000 kg per
month of hazardous waste but more than 100 kilograms per month. Small
quantity generators are given additional time to comply with new regulations
and for on-site storage of their waste.
¦ Conditionally Exempt Generator - Facilities that generate less than 100
kilograms a month of any hazardous waste are conditionally exempt from the
RCRA regulations.
RCRA Program Applicability
It is veiy likely that some types of hazardous waste are generated by businesses
in your community or by your municipal facility operations themselves. Because
hazardous "waste includes things like solvents, corrosives and materials containing
heavy metals like chromium, cadmium and lead, vehicle maintenance shops often
generate hazardous waste that may be subject to RCRA requirements. Any dis-
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carded material must be evaluated to determine if it has been listed by EPA as
hazardous waste or if the waste exhibits any of tne following characteristics:
ignitablity, corrosivity, reactivity or toxicity as determined by the Toxicity Charac-
teristic Leaching Procedure (TCLP) test.
Care must be taken with management of products that are no longer wanted or
needed. Leftover pesticides from grounds-keeping operations, old paint thinner,
etc., must be fully evaluated before determining how to dispose of them. EPA has
identified several hundred chemical products which, if disposed of, would also be
considered "listed hazardous waste."
Another area of possible concern for a tribe is the operation of a trash collec-
tion system and/or a landfill. Normally, because household wastes are currently
exempt from RCRA hazardous waste regulation, landfills are regulated under a
program referred to as the "Subtitle D Municipal Solid Waste Landfill Criteria"
which is intended to insure proper management of the landfill. However, the
addition of commercial waste materials collected and/or co-disposed with the
household materials might subject a facility to regulation under the RCRA hazard-
ous waste program.
Timetable
RCRA regulations were first published in 1980 and are constantly being
amended. Handlers of hazardous waste (i.e. generating, storing, transporting, etc.)
must notify EPA and receive an EPA RCRA identification number.
Different timetables and responsibilities apply to the different activities.
Generators may accumulate waste on-site for up to 90 days without triggering a
requirement to obtain a storage permit. Small quantity generators have up to 180
days. Securing a permit authorizing the treatment, storage, or disposal of hazard-
ous waste is a very expensive and lengthy process.
Many companies and regulated entities look for ways to reduce the amount of
hazardous waste produced in order to reduce expense and regulatory burdens.
Waste reduction can be accomplished through better housekeeping, careful
purchasing, changes in process and a variety of other ways. Hazardous waste
generators should examine their waste streams Mid consider whether there might
be a way to reduce what is being generated.
Additional Information:
RCRA Hazardous Waste Regulations, 40 CFR Parts 260-279
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WASTE PROGRAMS
SOLID WASTE DISPOSAL PROGRAM
In 1976, Congress directed the US EPA to develop standards for the disposal
of solid waste. The two main regulations US EPA developed for the handling of
solid waste are 40 CFR Parts 257 and 258.
40 CFR Part 257: The criteria established under this regulation apply to
all solid waste disposal sites and practices except agricultural and mining waste.
The minimum criteria include evaluating the location of a site (floodplains, endan-
gered species habitats, etc.) and limiting disease vectors, groundwater contamina-
tion and explosive gases.
These regulations generally apply to a range of disposal facilities from
monofills to construction and demolition debris disposal sites. This regulation has
been in effect since 1979.
40 CFR Part 258: The criteria established under this regulation pertain
to disposal sites which accept household (or municipal) waste. Household waste is
defined as any solid waste (including garbage, trash, and sanitary waste in septic
tanks) derived from households (including single and multiple residences, hotels
and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic
grounds, and day-use recreation areas).
The effective date of this criteria is staggered depending on the size of the
disposal site. The general effective date of the criteria was April 9,1995. How-
ever, many tribal sites may be able to claim the "small community exemption." A
small community landfill is defined as one that:
¦ Disposes of less than twenty (20) tons of municipal solid waste daily, based on
an annual average;
¦ Has no evidence of ground-water contamination from the MSWLF unit, and the
MSWLF unit serves:
< A community that experiences an annual interruption of at least three
consecutive months of surface transportation that prevents access to a
regional waste management facility, or
~ A community that has no practicable waste management alternative and is
located in an area that annually receives less than or equal to 25 inches of
precipitation.
For a disposal site that fulfills the small community exemption (also called the
arid, remote landfill exemption), the general effective date of Part 258 is October 9,
1997.
For many rural communities, the development and implementation of these
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regulations require a radical change in solid waste practices- The changes can be
expensive if all options are not adequately addressea.
Actions Your Community Should Be Taking
¦ Develop a Solid Waste Management Plan
¦ Find alternatives to open dumping and open burning
¦ Develop community education plans to address solid waste problems and to
help find solutions
¦ Develop waste reduction programs (recycling and composting) in your solid
waste management and community education plans
¦ Close all existing open dumps
Tribes can apply to EPA for approval of landfill regulatory programs. The
program approval process involves EPA review of all solid waste regulations and
codes. If EPA determines that tribal regulations are equivalent to the federal
regulations, landfill owners and operators may have flexibility in landfill operations.
Waste Reduction/Recycling
The solid waste program also works with tribes, states and non-profit organiza-
tions to expand markets for recycled materials, stimulate economic development,
and create jobs. Through the Jobs Through Recycling (JTR) Initiative, EPA
provides grants to states and tribes so that the recipients can provide technical,
management, financial, permitting, and marketing assistance to recycling busi-
nesses. Using the JTR funds, states and tribes develop programs that: put to
productive use recovered materials that would otherwise be landfilled or inciner-
ated*, employ innovative technologies to use recovered materials collected in
recycling programs; and stimulate economic growth & create jobs.
In its two years of existence, the JTR Initiative has provided approximately
$3.5 million in grant funds to states, tribes, and non-profit organizations. To date,
three tribes have received funding for their job creation/environmental protection
programs. For more information on the JTR Initiative, please contact: John Leigh
at 703-308-7896 or Katharine Kaplan at 415-744-2105.
EPA also supports the development and/or enhancement of state and tribal
source reduction, recycling, and composting programs through a variety of other
grants programs. For information on Agency grants programs, please call Rebecca
Jamison at 415-744-2098 or Katharine Kaplan at 415-744-2105.
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Additional Information
Solid Waste Program
US EPA Region 9
75 Hawthorne St.
San Francisco, CA 94105
415-744-2135
Region 9 RCRA Information Line: 415-744-2074
National RCRA Hotline: 800-424-9346
Also See:
Resource Conservation Recovery Act, Subtitle D
Code of Federal Regulations: 40 CFR Parts 257 and 258
Public Law 103-399 (McCain Bill/Open Dump Clean-Up on Indian Lands Act)
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WASTE PROGRAMS
UNDERGROUND STORAGE TANKS
An Underground Storage Tank (UST) is any tank, including underground
piping connected to the tanks, that has at least 10 percent of its volume under-
ground. The UST regulations (40 CFR Part 280) cover notification (registration),
performance standards for new and existing tanks, tank closure, release detection,
cleanup activities, financial responsibility, reporting and recordkeeping.
1) DO THE UST REGULATIONS APPLY TO ALL UNDERGROUND
STORAGE TANKS? NO, FOLLOWING ARE SOME EXCLUSIONS:
¦ Farm and residential tanks holding 1,100 gallons or less of motor fuel used
for noncommercial puiposes.
¦ Tanks used to store heating oil for consumption on the premises where it is
stored.
¦ Tanks on or above the floor of tunnels or basements.
¦ Septic tanks and systems for collecting storm water or wastewater.
¦ Flow-through process tanks.
¦ Tanks holding 110 gallons or less.
¦ Emergency spill and overfill tanks.
¦ Other storage areas that might be considered "tanks", such as surface im-
poundments, pits, ponds, or lagoons.
¦ Tanks which contain hazardous waste.
2) WHAT ARE THE GOALS OF THE UST REGULATIONS?
¦ Prevent leaks and spills.
M Identify leaks and spills.
¦ Clean up leaks and spills.
¦ Require that owners and operators of USTs provide a financial means to pay
for correcting the problems created if their USTs leak.
3) IF THE UST REGULATIONS APPLY, WHAT MUST I DO AS AN
OWNER/OPERATOR?.
¦ Ensure tanks are registered with form 7530-1 and the completed form is sent
to U.S. EPA, Region 9 Office of Underground Storage Tante.
¦ Employ an approved method of leak detection for both tanks and piping.
¦ Tanks installed after December 22,1988, must have spill, overfill, and corro-
sion protection at the time of installation.
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¦ Tanks installed prior to December 22, 1988, must be closed, removed, re-
placed, or upgraded with spill, overfill, and corrosion protection by December
22,1998.
¦ Demonstrate financial responsibility for the cost of cleaning up a leak or
compensating other people for injury or property damage caused by a leaking
UST. Compliance date for local governments and Indian tribes is December 31,
1998.
4) I OWN TANKS THAT COME UNDER THE REGULATIONS, BUT I
AM NOT USING THEM, WHAT SHOULD I DO?
Follow closure requirements for tanks temporarily or permanently closed (see
40 CFR 280 Subpart G). (Note: Tanks not used from 3 to 12 months can be
temporarily closed by leaving vent lines open and functioning and cap and secure
all other lines, pumps, manways and ancillary equipment.) Permanent closure is
required beyond 12 months when the tank(s) must be either filled with an inert
material or removed. If a groundwater monitoring system or a vapor monitoring
system was in operation at the time of closure and indicates no release has
occurred, a site assessment is not required. EPA will help you decide how best to
close the UST so that it meets all federal requirements.
5) IF A LEAK OR SPELL SHOULD OCCUR, WHAT MUST BE DONE?
¦ Contact the closest fire department to ensure that it does not pose a hazard to
human health.
¦ Contact the EPA within 24 hours to report the release/spill; the regulatory
authority will decide if you must take further action.
Additional Information
(contact your EPA Region 9 Office of Underground Storage Tanks for copies
of these publications)
How to Comply with Underground Storage Tanks Regulations on Native
American Lands in EPA Region 9 (EPA Region 9 OUST, 1994) Draft
Musts for USTs: A Summary of the New Regulations for Underground
Storage Tank Systems (U.S. EPA, OUST, 7/90)
Dollars and Sense: A Summary of the Financial Responsibility Regulations
for Underground Storage Tanks Systems (U.S. EPA, OUST 12/88)
Don't Wait Until 1998, Spill, Overfill and Corrosion Protection for Under'
ground Storage Tanks (U.S. EPA, OUST, 4/94)
Regional Contact: Walter Guggenheimer
Office of Underground Storage Tanks
75 Hawthorne Street, Mail Code H-W-4
San Francisco, CA 94105 (415) 744-2094 or (415)744-1305
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Water Programs
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WATER PROGRAMS
SAFE DRINKING WATER ACT - PUBLIC WATER
SYSTEMS
The Safe Drinking Water Act (SDWA) is the federal law regulating the quality
of finished drinking water from a public water supply (PWS). The purpose of the
act is to make sure that the drinking water supplied to the public is safe for human
consumption. The EPA has the responsibility of setting national drinking water
standards which must be met by all water supplied to the public. EPA also has the
authority and responsibility to implement the SDWA and its associated regulations
in Indian Country. All public water systems in Indian Country, regardless of
ownership, must comply with these requirements. EPA retains the primary enforce-
ment responsibility for these PWS until a tribe has applied for, and been approved
for, primacy under the SDWA Public Water Supply Supervision program.
A public water system (PWS) is defined as "a system for the provision to the
public of piped water for human consumption if such system has at least 15 service
connections or regularly serves an average of at least 25 individuals daily at least 60
days out of the year." PWS are divided into three categories: community systems,
transient non-community systems, and nontransient non-community systems.
Community systems serve a year-round residential population such as a village.
Non-transient non-community systems serve at least the same 25 people at least
six months of the year (e.g., schools, clinics, factories, etc.) This type of system
serves the same people nearly every day but they do not actually live at the facility.
Transient non-community systems serve at least 25 mobile or transient people
at least 60 days of the year at locations such as hotels, restaurants and seasonal
campgrounds.
General Responsibilities
It is the responsibility of the owner of a public water system to meet the
following general requirements:
Sampling and Reporting: Each supplier of water must collect samples from
the water system, take them to a certified laboratory for analysis, and send the
results to EPA. The type of analysis performed, the sampling frequency, and the
location of the sampling point vary from system to system depending on the
category of system (community, non-transient non-community or transient non-
community), the number of people served, the number of service connections, and
whether it uses surface water or groundwater as its source of supply.
Record Keeping: The water supplier must keep information about the system
on file. This information includes laboratory sample results, sanitary surveys, steps
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taken to correct problems, operation and maintenance records and correspondence.
Public Notification: Any time there is a violation of the regulations, the public
must be notified. The purpose of the public notification is to inform customers of
any potential adverse health effects and to describe what steps consumers can take
to minimize the impact The method, timing and frequency of the public notice
varies based upon the severity of the violation. Each public notice must meet certain
requirements concerning the information it contains and the way that it is issued.
Proper Operation and Maintenance (O&M): The water supplier is respon-
sible for ensuring that the system is properly operated and maintained by qualified
persons. This includes correcting problems that cause violations of the require-
ments. Water system O&M is key to providing a safe supply of drinking water.
It is important to note that the SDWA does not provide funds for construction
or improvements to water systems, ongoing operation and maintenance, or for
monitoring of drinking water quality.
Drinking Water Standards
EPA sets drinking water standards which apply to all public water systems.
There are two types of national standards: primary and secondary. Primary stan-
dards are health-based and enforceable. Secondary standards are based on the
aesthetic quality of the water and are non-enforceable guidelines.
Primary standards are established as either Maximum Contaminant Levels
(MCLs) or as Treatment Technique Requirements.
Maximum Contaminant Levels (MCLs) are the numerical standard against
which the water quality is judged. The system will be judged for compliance with
the MCLs based upon results of required water sampling.
Treatment Technique Requirements are set for contaminants which are difficult
or costly to measure. EPA chooses in some cases to require specific water treatment
practices (such as filtration or corrosion control) to remove these contaminants and
prevent health problems. The treatment technique is required in place of setting an
Ma-
Secondary standards consist of secondary Maximum Contaminant Levels
(SMCLs) which are asociated with the aesthetic quality of water such as taste, odor
or color. Water with contaminants at levels above the SMCLs may not be pleasant
to drink but will not cause health problems. These numbers are guidelines, not
enforceable standards.
Monitoring
Water systems are required to monitor the quality of the drinking water
¦ supplied to the public. The type of analysis performed, the sampling frequency, and
the location of the sampling point vary from system to system depending on the
category of system (community, non-transient non-community or transient non-
community), the number of people served, the number of service connections, and
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whether it uses surface water or groundwater as its source of supply. Monitoring
requirements include testing for the following contaminant groups: Coliform
bacteria (Total Coliform Rule); Inorganic Chemicals; Volatile Organics Chemicals,
Pesticides and Synthetics Organic Chemicals; Radionuclides; and Disinfection By-
products. EPA Region 9 is implementing a "Monitoring Waiver Program" for PWS
in Indian Country. Your water system may be eligible for reduced monitoring
frequency based upon previous monitoring results, characteristics of your system
and land use practices in the watershed. Contact EPA for the monitoring require*
ments specific to your water system and for information about the Monitoring
Waiver Program application process.
The Total Coliform Rule requires that samples for coliform bacteria be
collected on a routine (usually monthly) basis from locations in the distribution
system. Coliform bacteria are used as an indication of the potential presence of
potentially harmful bacteria in the water. The MCL is based upon the presence or
absence of coliform bacteria.
The Surface Water Treatment Rule requires that water systems using surface
water sources or groundwaters which are directly influenced by surface water must
filter and disinfect prior to delivery to the public. Monitoring of treated water
turbidity and disinfectant residual is required as part of this treatment technique
requirement
Chemical Monitoring
Each chemical contaminant group consists of a list of specific contaminants:
Inorganic Chemicals:
Antimony Cadmium Nitrate
Arsenic Chromium Nitrite
Asbestos Cyanide Selenium
Barium Fluoride Sodium
Beryllium Mercury Thallium
Lead and Copper (Lead and Copper Rule Monitoring)
Disinfectant By-Products: Total Trihalomethanes (TTHM)
Radionuclides (RAD): Gross Alpha and Radium 226 & 228.
Volatile Organic Chemicals (VOC):
Benzene
Carbon tetrachloride
1,2-Dichloroethane
1,1 -Dichloroethylene
o-Dichlorobenzene
cis-1,2-Dichloroethylene
trans-1,2-Dichloroethylene
1,2,4-Trichlorobenzene
1,1,2-Trichloroethane
Xylenes (total)
para-Dichlorobenzene
1,1,1-Trichloroethane
Trichloroethylene
Vinyl chloride
Monochlorobenzene
1,2-DichIoropropane
Dichloromethane
Styrene
Tetrachloroethylene
Toluene
Ethylbenzene
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Pesticides & Synthetic Organic Chemicals (SOC):
Alachlor Di(2-ethyhexyl)adipate Heptachlor epoxide
Arazine Di(2-ethyhexyl)phthalates Hexachlorobenzene
Carbofuran Dinoseb
Chlordane Diquat
Dibromochloropropane (DBCP)
2,4-D Endothall
Endrin Heptachlor
Ethylene dibromide (EDB)
Benzo(a)pyrene (PAHs)
Dalapon
Hexachlorocyclopentadiene
Polychlorinated biphenyls (PCBs)
Lindane
Methoxychlor
Oxymal (Vydate)
Picloram
Pentachlorophenol
Toxaphene
2,4,5-TP (Silvex)
Glyphosate
Simazine
2,3,7,8-TCDD (Dioxin)
Unregulated Contaminants are contaminants which must be sampled for but
for which no MCL has been set. This means that there is a requirement to monitor
for these contaminants and to report any detections to EPA. Samples for unregu-
lated contaminants are usually collected in conjunction with regulated contaminant
monitoring. Unregulated contaminants include the following contaminants:
2 Inorganic Chemicals: Nickel and Sulfate
10 Pesticides and Synthetic Organic Chemicals: Aldrin, Butachlor, Carbaiyl,
Dicamba, Dieldrin, 3-Hydroxy carbofuran, Methomyl, Metolachlor, Metribuzin,
Propachlor.
3 Organic Chemicals Under Court Order Stay: Aldicarb, Aldicarb sulfone,
Aldicarb sulfoxide.
21 Volatile Organic Chemicals: Bromobenzene, Bromodichloromethane,
Bromoform, Bromomethane, Chlorobenzene, Chlorodibromomethane,
Chloroethane, Chloroform, Chloromethane, o-Chlorotoluene, p-Chlorotoluene,
Dibromomethane, m-Dichlorobenzene, 1,1-Dichloroethane, 1,1-
Dichloropropene, 1,3-DichIoropropane, 1,3-Dichloropropene, 2,2-
Dichloropropane, 1,1,1,2-Tetrachloroethane, 1,1,2,2-Tetrachloroethane, 1,2,3-
Trichloropropane.
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WATER PROGRAMS
SAFE DRINKING WATER ACT - UNDERGROUND
INJECTION CONTROL
Groundwater supplies over half the nation's drinking water, especially in rural
areas. It is vulnerable to contamination from activities occurring in and around it
The Underground Injection Control (UIC) Program was establihed under the Safe
Drinking Water Act to protect the nation's potable groundwater supplies. The UIC
program regulates the subsurface injection of wastewater below, into and above
underground sources of drinking water (USDW).
Types of UIC wells:
Class I Wells which inject hazardous waste below the lowermost USDW.
Class II Wells used in oil and gas production.
Class IH Wells which inject fluids used in mineral extraction activities.
Class IV Wells which inject hazardous or radioactive waste into or above a
potable source of groundwater. Class IV wells are prohibited.
Class V Wells which inject all other nonhazardous wastes into or above a
USDW. These are any wells not included in Classes I - IV. These
wells are currently authorized by rule unless EPA (or a primacy state/
organization) determines that a permit is needed to ensure protection
of USDWs. Examples of Class V wells: dry wells collecting surface
water runoff; automotive disposal wells; and septic tanks which accept
industrial wastes. "Injection" includes seeping, flowing, leaching, and
pumping with or without pressure.
Class I, II and III wells are very specifically regulated regarding their construc-
tion, operation and monitoring. Class IV wells are banned unless they are part of an
authorized groundwater cleanup. Class V wells (also called shallow injection wells)
constitute the majority of underground injection activities (at least 90% of all such
wells are believed to be Class V) and can become a major threat to groundwater
resources if used improperly.
Any business that generates liquid waste that is not connected to a municipal
sewer is likely to utilize some sort of underground injection to get rid of wastewater.
Often, septic systems designed to handle biological wastes from homes are used by
businesses to dispose of chemical waste products. The septic system is then unable
to treat any waste, and the combined waste stream discharges directly into or above
groundwater.
Facilities likely to generate wastes that pose a significant risk to groundwater
include: automotive service stations, dry cleaners, transportation service bays,
46
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pesticide applicators, photoprocessors, electroplaters, printers, chemical and
electronics manufacturers, pharmaceutical companies, food processors, and much
more. (Please note that septic tanks with the capacity to serve fewer than 20 persons
per day and receive only biological waste are exempt from UIC regulations.)
In addition to regulating injection wells under the UIC program, Section 1431
of the SDWA broadens federal authority to take quick action in situations where
human health may be imminently and substantially endangered by contaminants in
or near groundwater. This authority extends not onlyto injection wells, but also to
unlined pits, ponds, trenches, etc. Please call your EPA regional office for more
information or enforcement assistance.
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WATER PROGRAMS
SAFE DRINKING WATER ACT - WELLHEAD
PROTECTION
Groundwater is used by more than half of all Americans for drinking purposes.
Rural areas depend on groundwater for 95% of their drinking water. The nation's
agricultural community uses ground water for about half of its needs; ground water
supplies nearly one-third of industry's water requirements. Local communities can
protect their groundwater resources and prevent contamination by incorporat-
ing wellhead protection activities into land use management efforts.
What is Wellhead Protection?
Wellhead protection is delineating (drawing) boundaries around a water supply
well or wellfield, and then managing activities within those boundaries to prevent
pollutants from getting to the groundwater which contributes to the well. The
delineated area is also called the wellhead protection area (WHPA). Activities
which may be managed or limited within a WHPA are any land or subterranean
disposal of waste or application of chemicals, from industrial, residential, or
agricultural sources. This includes dumps, septic systems, and injection wells.
WHPA boundaries are based on hydrogeologic factors, like time-of-travel of
ground water flowing to the well; aquifer boundaries, and the degree to which the
aquifer is confined; and pumping rates. All of these hydrogeologic characteristics
have a direct effect on the likelihood, extent, and movement of contamination.
Some communities find that it is most appropriate to practice whole aquifer
protection, or to define the entire aquifer as their wellhead protection area. However
it is defined, and whether it is called a protected recharge zone, wellhead protection
area, or aquifer protection area, the steps discussed below apply.
Steps to Establishing a Successful Wellhead Protection
Program
1. Specify roles, duties and authorities of tribal, local, state and federal
agencies with an interest in managing the quality and quantity of ground water
resources in the approximate recharge area. Try to reach consensus on the need for
joint management and protection of the resource.
2. Delineate the wellhead protection area (WHPA) for each wellhead. The
delineation method you choose depends on available data, staff and funds t9
contract a hydrogeologist if one is not locally available.
3. Identify potential sources of contaminants within each WHPA. This
inventory should consider historical, current and future land uses. Much success has
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I been achieved from using student and/or senior volunteers in this step.
4. Develop management approaches to protect the WHPA from contami-
nants. Management may be regulatory, non-regulatory or legislative, and include
zoning, health regulations and public education. Educating residents and businesses
within the WHPA on the value of ground water and how to prevent or minimize the
threat of contamination is extremely important
5. Develop a contingency plan for each public water supply system, so that
if contamination is detected, an alternate water supply is available.
6. Site new wells carefully to maximize yield and minimize potential contami-
nation.
7. Keep the public involved. By participating in wellhead protection efforts,
they are taking practical steps to protecting their health and the health of the
community.
Please contact your EPA regional office if you would like additional informa-
tion regarding local Wellhead Protection.
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WATER PROGRAMS
CLEAN WATER ACT
Although federal laws dealing with water quality have existed for almost fifty
years, the current era of water pollution control began in 1972 with the comprehen-
sive amendments to the Federal Water Pollution Control Act, the formal name of
the Clean Water Act (CWA). The goal of the CWA "is to restore and maintain the
chemical, physical, and biological integrity of the Nation's water," primarily
through a prohibition against discharging pollution into the waters of the United
States. While not comprehensive (certain sources of pollution are not directly
regulated), the CWA does deal with a complex variety of matters concerning water
pollution, including the following: grants for construction projects and research and
study, development of water pollution control programs, permitting and regulations
of discharges, and establishing water quality standards.
It wasn't until 1987 that Congress dealt directly with the role of Indian tribes by
enacting section 518(e) of the CWA which allows the Administrator to treat Indian
tribes as states for specific purposes under the Act. In essence, section 518 ex-
panded the state\federal relationship to include a tribalVfederal relationship. Most
importantly, eligible tribes, like states, can obtain grants to develop water quality
programs, establish water quality standards, issue NPDES permits, and provide
certifications under section 401. To be eligible, a tribe must demonstrate the
following:
1) a tribe must be federally recognized;
2) a tribe must have a governing body that carries out substantial duties and
powers;
3) a tribe must possess civil regulatory jurisdiction to cany out the functions it
seeks to exercise; and
4) a tribe must demonstrate its capability to carry out those functions. EPA has
promulgated regulations implementing section 518(e) and has established
procedures for processing applications under the applicable programs.
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WATER PROGRAMS
CLEAN WATER ACT -106 WATER QUALITY
MANAGEMENT PLAN
Section 106 of the CWA provides financial assistance to eligible tribes for the
assessment, prevention, reduction, and elimination of water pollution. Tribes can
use Section 106 funds to develop a water quality standards program, for groundwa-
ter and wetlands protection, and to abate nonpoint source water pollution. However,
106 funds cannot be used to construct water treatment facilities, to monitor the
quality of water used solely for drinking, or to work on water rights issues. Up to
three percent of funds available under Section 106 are set aside for Indian tribes. To
receive a grant, a tribe must show that it is eligible under the criteria found in
Section 518(e) and must have an EPA-approved workplan, which can be developed
by tribal staff or consultants.
Some of the tribal projects that have already been funded under the 106
program include:
¦ Developed and refined Best Management Practices
¦ Developed and implemented a water quality standards program
¦ Reviewed stream classification system, compiled and evaluated existing data
and conducted a Rapid Bioassessment of streams
¦ Evaluated pesticide contamination of surface water and conducted detailed
ammonia study
¦ Conducted groundwater inventory
¦ Assessed the effects of siltation on a river
¦ Developed a water quality classification, and assessed management options.
Additional Information
"Clean Water Act Grants for Indian Tribes Section 106 Guidelines"
"Indian Tribes: Water Quality Planning & Management," Federal Register,
Vol. 54. No. 68, Aprill 1,1989.
Federal Register, 40 CFR Parts 35 & 130, March 23,1994
Federal Register 40 CFR Parts 35 & 130, January 11,1985
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WATER PROGRAMS
CLEAN WATER ACT - NONPOINT SOURCE
POLLUTION CONTROL
Section 319(h) of the Clean Water Act provides financial assistance for the
abatement of water pollution caused by nonpoint sources. Nonpoint sources of
water pollution are multiple, diffuse sources of pollution. Primary nonpoint sources
of pollution include runoff from urban areas, farming, feedlots, mining and forestry.
The major pollutant from nonpoint sources by volume is sediment. Runoff may also
carry oil and gasoline, agricultural chemicals, nutrients, heavy metals and toxic
substances, as well as bacteria, viruses and oxygen-demanding compounds.
Using 319 funds, eligible tribes can fund activities including information and
education, demonstration projects, and implementation of Best Management
Practices (BMPs) for controlling nonpoint sources of pollution. The 319 program is
a non-regulatory program.
Up to one-third of one percent of the funds available under Section 319 are set
aside for eligible Indian tribes. To receive a grant, a tribe must show that it is
eligible and must have an EPA-approved nonpoint source assessment and nonpoint
source management plan. A section 106 grant can fund development of the assess-
ment and management plan. A project implementation plan and workplan are also
required. Normally, a non-federal match of 40% is necessary. However, upon
demonstration of financial hardship, a minimum 10% cost share can be allowed.
Additional Information
'"Indian Tribes: Water Quality Planning & Management," Federal Register, Vol. 54,
No. 68, April 11,1989.
"Guidance on the Award and Management of Nonpoint Source Program Implemen-
tation Grants under Section 319(h) of the Clean Water Act," June 11,1993.
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! WATER PROGRAMS
CLEAN WATER ACT - INDIAN SET-ASIDE
PROGRAM
Section 518(c) of the CWA establishes an Indian Set-Aside Grant Program.
One-half of one percent of the funds available under Section 207 of the CWA are
reserved each for the development of wastewater management plans and the
construction of sewage treatment works that serve Indian tribes. Grants are awarded
according to a national priority listing that is based on three categories of criteria:
water quality, public health, and existing level of treatment. The Set-Aside Program
provides funds to Indian tribes (as defined by the CWA), Alaska Native Villages (as
defined by the Alaska Native Claims Act), and tribes on former reservations in
Oklahoma.
Additional Information:
"Guidelines and Requirements For Applying For Grants From The Indian Set-
Aside Program," EPA, April 1989.
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WATER PROGRAMS
CLEAN WATER ACT - WATER QUALITY
STANDARDS PROGRAMS
Under Section 303 of the CWA, tribes can establish water quality standards,
which must be periodically reviewed and updated. "Designated uses" and "criteria"
comprise water quality standards. Designated uses (for example, a "cold water
fishery" or "industrial water supply") are the uses for each water body that are to be
maintained by the standards. Tribes must also create criteria that specify what
concentrations of pollutants will ensure that the designated uses are met. Criteria are
usually stated in numerical amounts but can also be written in narrative form. In
addition, the CWA requires that a tribe have an antidegradation policy which
insures that the tribe's standards maintain existing uses and quality.
To participate in the water quality standards program, a tribe must demonstrate
that it is eligible under the criteria contained in Section 518(e) of the CWA and
must develop water quality standards pursuant to the requirements of the statute and
regulations. EPA must review and approve the standards in the same manner as it
approves state standards, tribal water quality standards serve as the basis for
certifications under Section 401 of the CWA and are implemented through dis-
charge permits, dredge and fill ("404") permits, and best management practices to
control nonpoint sources of pollution. A tribe that has obtained approval of its water
quality standards also becomes the certifying authority under Section 401 of the
CWA. A tribe may use Section 106 funds to develop and implement the standards.
No additional funding is available under Section 303 itself.
Additional Information:
40 CFR, Part 131, Water Quality Standards Regulation.
"Amendments to the Water Quality Standards Regulation that pertain to
Standards on Indian Reservations;" Final Rule. 56 Federal Register 6
4876, December 12,1991.
"Reference Guide to Water Quality Standards for Indian Tribes," US EPA,
January 1990.
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WATER PROGRAMS
CLEAN WATER ACT - NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM (NPDES)
The CWA generally prohibits discharging any pollutants into the waters of the
United States except in compliance with certain sections of the statute. One of the
primary exceptions to the prohibition is the National Pollutant Discharge Elimina-
tion System (NPDES) program found in section 402 of the Act. Every person,
including tribal facilities, that discharges into the waters of the United States must
have an NPDES permit.
The most significant terms found in NPDES permits are the effluent limitations.
There are two types of effluent limitations technology-based and water quality-
based that regulate the content of the discharge based on available pollution
control technology and are set to control the effects that the discharge will have on
the receiving water. Thus, NPDES permits work in concert with water quality
standards established by tribes, states, or the federal government. In addition,
pursuant to Section 401 of the CWA, a person seeking an NPDES permit must
obtain a certification that the proposed project will comply with specific provisions
of the CWA. In the case of a tribe that has EPA-approved water quality standards,
the tribe is the certifying authority for the purposes of Section 401.
Section 518(e) authorizes EPA to approve tribal NPDES programs in substan-
tially the same manner as the Agency approves state programs. A tribe may obtain
approval by demonstrating that it is eligible under the criteria found in Section
518(e) and submitting the appropriate information as required in 40 CFR Part 123.
Until a tribe has an approved NPDES program, EPA will continue to implement the
federal NPDES program within the tribe's jurisdiction. Prior to approval of a tribal
NPDES program, tribes can increase awareness and education concerning the
requirements of the CWA and wastewater collection and disposal, and can imple-
ment the most appropriate wastewater collection and treatment policies.
Additional Information
'Treatment of Indian Tribes as States for Purposes of Section 308,309,401,
402, and 405 of the Clean Water Act (CWA)" 58 Fed. Reg. 67966
(December 22,1993) (codified at 40 C.F.R. Parts 122,123,124, and 501)
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WATER PROGRAMS
CLEAN WATER ACT - SEWAGE SLUDGE USE AND
DISPOSAL
Municipal wastewater sludge (or biosolids) is a by-product of the wastewater
treatment process. Sludge regulations ensure that sewage sludge is properly handled
by disposal or reused as a soil conditioner or fertilizer. Federal regulations set limits
. for 10 metals, requirements for disease pathogen reduction, requirements for vector
attraction reduction, and management practices when sludge is used or disposed.
The regulations apply to sludge produced by wastewater treatment systems
(including tribal systems) with any form of central treatment or mechanical plant,
including a lagoon-which will need to be cleaned. The regulations do not apply to
individual on-site septic systems. However, the regulations apply to the disosal or
reuse of the septqge from the individual on-site systems.
The final sewage sludge regulations were published on February 19,1993 and
became effective March 22,1993. Full compliance was required by February 19,
1995. Monitoring and record keeping was required starting July 19,1993.
Tribes and their members should be aware of restrictions covering proper use
of the sewage sludge for land application (agricultural and small quantity local use)
and proper disposal (incineration, surface disposal, dedicated land disposal,
disposal in a municipal solid waste landfill or placement in a sludge monofill).
Tribes (except those with lagoons*) should immediately begin testing their sludge to
determine its quality. Then, the communities should evaluate which options are
available based cailaesludge in accordance with the regulations.
These regulations are "self-implementing" ~ they are in effect and enforceable
whether or not they are specified in a permit. However, wastewater treatment plants
must submit a sludge permit application with their NPDES permit application.
Anyone else who generates or treats sludge must submit an application by February
19,1994 or 180 days prior to start-up.
Additional Information:
Sewage Sludge Final Rule, 40 CFR Part 503.
* The regulations-do not cover lagoons but do apply to the sludge at the time it
is removed from the lagoon for use or disposal.
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WATER PROGRAMS
CLEAN WATER ACT - PRETREATMENT
REQUIREMENTS
Pretreatment is the treatment of a waste before it is discharged into the sanitary
sewer. A pretreatment program includes ordinances, education, inspections,
monitoring, and enforcement. Pretreatment requirements control pollutants which
are incompatible or will interfere with the treatment process or pass through the
treatment facility and cause problems in the receiving stream or lake. In addition,
pretreatment requirements will improve opportunities to recycle and reclaim
domestic and industrial wastewaters and sludges.
Traditionally, the smaller treatment facilities with individual discharges are not
required to establish local pretreatment programs. If a tribe has non-domestic users
(such as sawmills, food processing plants, metal finishers, etc.) discharging pollut-
ants that could pass through the treatment facility untreated or interfere with
operations, the tribe may have to implement a pretreatment program to satisfy the
NPDES permit requirements.
Current NPDES permits contain a section on prohibited discharges and
industrial waste. These are pretreatment requirements and are designed to insure
that treatment facilities are protected. Pretreatment discharge requirements may be
imposed on industrial users of the wastewater system based on minimum treatment
requirements; the protection of the collection system, treatment facility, or its
workers; or to insure that the treatment facility complies with its own NPDES
permit limits.
If a tribe is required to establish a pretreatment program, the tribe will need to
establish ordinances implementing the pretreatment requirements, and identify a
person responsible for insuring the program is administered and enforced. If a tribe
wants to establish a local pretreatment program, and is not required to through its
NPDES permit, the tribe should contact EPA for assistance.
Additional Information:
Pretreatment Final Rule, 40 CFR 403.
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WATER PROGRAMS
CLEAN WATER ACT - STORM WATER
The storm water regulations are a new part of the National Pollutant Discharge
Elimination System (NPDES) under Section 402(p). In response to these changes,
EPA issued final regulations in November 1990 which define the initial scope of the
NPDES permit program for storm water discharges. The regulations define the term
"storm water discharges associated with industrial activity," and "large and medium
municipal separate storm sewer systems" and the permit application requirements
for these discharges.
At this time, the municipal side of the program requires applications only from
cities with a population of 100,000 or more, and counties having large populations
in unincorporated, urbanized areas. Phase II (sometime after October 1994) may
require communities less than 100,000 to obtain a permit and develop a storm water
management program. The regulations define 11 categories of industrial activities
subject to storm water permitting requirements, including landfills, airports, power
plants and construction activities disturbing more than 5 acres of land. EPA will be
able to give tribes assistance to determine which of their industrial operations need
permits and how to apply for the permits.
Tribes should develop information and education programs to increase aware-
ness of the relation between the storm water drain system and local lakes or streams.
Storm water runoff collects in street gutters and storm drains and flows directly to
streams with little or no treatment. Members need to be educated so that they are
aware of the role they play in the quality of the streams and lakes. Dumping used
motor oil, unused paint, pesticides and other household chemicals on the ground or
in the street can severely impact nearby surface water.
Tribes should also consider establishing ordinances or regulations controlling
the improper disposal or discharge of pollutants to the municipal storm water drain
system.
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WATER PROGRAMS
CLEAN WATER ACT - WATER AND WETLANDS
PROTECTION
An integral part of the CWA is the restoration and maintenance of the nation's
wetlands. EPA, in partnership with tribal governments, is responsible for protecting
wetland resources. The major federal regulatory tool for this is Section 404 of the
CWA, which is jointly administered by the U.S. Army Corps of Engineers and EPA.
Section 404 establishes a permit program to regulate the discharge of dredged or fill
material into waters of the U.S., including most wetlands. Failure to obtain a permit
or to comply with the terms of a permit can result in civil and/or criminal penalties.
The U.S. Fish and Wildlife Service has an important advisory role in the permit
review process.
Waters of the U.S. include lakes, streams, rivers, wetlands and coastal waters.
Wetlands are areas which are saturated or flooded for varyig periods of time during
the growing season. Because of the presence of water, there is a prevalence of
aquatic or hydrophytic vegetation, such as that found in swamps, marshes, bogs and
similar areas. Besides providing fish and wildlife habitat, wetlands also improve
water quality by acting as filters, offering flood protection, buffering shorelines
against erosion and providing areas for recreation.
Section 518(e) authorizes EPA to approve tribal wetlands programs in substan-
tially the same manner as the Agency approves state programs. A tribe may obtain
approval by demonstrating that it is eligible under the criteria found in Section
518(e) and submitting the appropriate information as required in 40 CFR Part 233.
Until a tribe has an approved wetlands program, EPA will continue to implement
the federal wetlands program within the tribe's jurisdiction.
Additional Information:
"Clean Water Act; Section 404 Tribal Regulations" 58 Fed. Reg. 8171 (Febru-
ary 11,1993) (Codified at 40 C.F. R. Parts 232 and 233)
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General Information
W
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REGIONAL EPA CONTACTS
Region 9 Address: 75 Hawthorne Street
San Francisco, CA 94105
OFFICE OF THE REGIONAL ADMINISTRATOR
Felicia Marcus, Regional Administrator (415)744-1001
John Wise*, Deputy Regional Administrator (415)744-1001
Chair, Regional Indian Program Committee
I. CROSS-MEDIA DIVISION
Laura Yoshii*, Director (415)744-2196
Deanna Wieman*, Deputy Director (415)744-1566
EPA Region 9 Indian Programs Office
Clancy Xealey*, Indian Programs Manager (415)744-1607
Sara Hedrick, Environmental Protection (415)744-1521
Assistant/Office Manager
Christiane Camp (415)744-1490
National Policy Issues
Bill Clarke (415)744-1520
Senior Environmental Employee; Author of the
monthly "MEMO" to Region Tribes
Wendy Colombo (415)744-1603
Region 9 Indian Program Resource Planning
Stephen Etsitty (415)744-1489
Tribal Coordinator for these Arizona Tribes:
Chemehuevi, Cocopah, Colorado River, Fort Mojave,
Havasupai, Hualapai, Kaibab, Quechan, Salt River,
San Carlos, White Mountain
Roccena Lawatch (415)744-1602
Tribal Environmental Plan, General Assistance Program and
KTOC Coordinator
Clarice Olson (415)744-1606
Tribal Coordinator for Nevada Tribes and the Bishop
and Fort Independence Tribes in California
Pam Overman (415)744-1600
Tribal Coordinator for these Arizona Tribes:
Ak-Chin, Fort McDowell, Gila River, Hopi,
Navajo Nation, Pasqua Yaqui, San Juan Southern
Paiute, Tohono O'odham, Tonto Apache, Yavapai
Apache, Yavapai Prescott
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Gilbert Pasqua
(415)744-1595
Tribal Coordinator for Northern California Tribes
Lisa Penaska
(415)744-1488
Tribal Coordinator for Central California Tribes
Marico Sayoc
(415)744-1486
Tribal Coordinator for Southern California Tribes
~Northern/Southern California Contact positions, currently vacant. Until
these positions are assigned, please contact Clancy Tenley or Roccena
Lawatch
n. OFFICE OF REGIONAL COUNCIL
Gail Cooper*, Deputy Regional Council (415)744-1364
Greg Lind*, Regional Indian Law Attorney (415)744-1376
ID. OFFICE OF POLICY AND MANAGEMENT
Elizabeth Stahl*, Grants Specialist (415)744-1689
David Taylor*, Quality Assurance/Laboratory (415)744-1497
IV. OFFICE OF FEDERAL ACTIVITIES
Jeanne Geselbracht, NEPA (415)744-1576
V. OFFICE OF CRIMINAL ENFORCEMENT
David Wilma, Special Agent-in-Charge (415)744-2485
VI. AIR AND TOXICS DIVISION
Doug McDaniel*, Air Quality (415)744-1246
Don Wood*, Pesticides (415)744-1059
Navajo Nation, Gila River Tribe and ITCA
Louise Hill, Radon (415)744-1046
Don Lanier, Lead/PCBs (415)744-1123
Pat Maravilla*, Toxics (415)744-1122
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VII. HAZARDOUS WASTE MANAGEMENT DIVISION
(415)744-2344
Betsy Curnow*, Chief
Planning and Assessment Branch
Dennis Geiser*, Superfund
Bob Mandel, CERCLA-Emergency Response
Barbara Joy*, SARA Title III
(Central and Northern CA)
Jeff Inglis*, SARA Title III (Southern CA)
Carolyn Douglas*, CERCLA/SARA
Navajo, Gila River
Greg Czajkowski, RCRA-Hazardous Waste
April Katsura, RCRA-Hazardous Waste Grants (415)744-2030
Rebecca Jamison*, RCRA-Solid Waste (415)744-2098
Matt Small, RCRA-Underground Storage Tanks (415)744-2078
Mary Keil, RCRA-UST/Navajo (415)744-2080
Bill Wilson, Pollution Prevention (415)744-2010
(415)744-2147
(415)744-2290
(415)744-2342
(415)744-2348
(415)744-2343
(415)744-2107
VIII. WATER MANAGEMENT DIVISION
Bill Thurston, Drinking Water Protection Branch
Su Cox*, Public Water Supply-Northern CA
Barry Pollock, Public Water Supply,
Southern CA
Jill Korte, Public Water Supply, AZ
Roger Yates, Public Water Supply, NV
Danny Collier, Public Water Supply, Navajo
George Robin, Groundwater Protection
Lisa Nelson*, Watershed Protection
Carla Moore, Construction Grants
Terry Oda, NPDES Permits
Jeremy Johnstone, NPDES Compliance
Laurne Fondahl, Pretreatment/Sludge
Wendell Smith*, Water Quality
(Section 106, Section 314, Section 319)
James Romero, Water Quality 401 Certification
Ed Liu, Water Quality Monitoring
(415)744-1817
(415)744-1855
(415)744-1854
(415)744-1853
(415)744-1843
(415)744-1856
(415)744-1819
(415)744-1966
(415)744-1938
(415)744-1923
(415)744-1895
(415)744-1909
(415)744-2018
(415)744-1967
(415)744-1934
~member of Region 9 Indian Programs Committee
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REGIONAL TRIBAL CONTACTS
NATIONAL TRIBAL OPERATIONS COMMITTEE -
REGION 9 TRIBAL REPRESENTATIVES
ARIZONA
Gila River Indian Community Navajo Nation EPA
Cecil Antone, Lt. Governor Lorenda Joe, Acting Director
P.O. Box 97 P.O. Box 339
Sacaton, AZ 85247 Window Rock, AZ 86515
CALIFORNIA
Morongo Band of Mission Indians
Jim Fletcher, Planner
11581 Potrero Road
Banning, CA 92220
NEVADA
Nevada Indian Environmental Coalition
Tom Burton, Executive Director
1280 Terminal Way #22
Reno, NV 89502
REGION 9 REGIONAL TRIBAL OPERATION COMMITTEE -
TRIBAL REPRESENTATIVES
ARIZONA
Ft. McDowell Indian Community
Stephanie Ostrom, Envir. Manager
P.O. Box 17779
Fountain Hills, AZ 85269
Hualapai Nation
Clay Bravo, Natural Resources
P.O. Box 300
Peach Springs, AZ 86434
Hopi Tribe
Nat Nutongla
Water Resources
P.O. Box 123
Kykotsmovi, AZ 86039
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NORTHERN CALIFORNIA
Hoopa Valley Business Council
Hilton Hostler, Jr., Councilman
P.O. Box 1348
Hoopa, CA 95546
CENTRAL CALIFORNIA
Fort Independence Council
Richard Wilder, Chairman
P.O. Box 67
Independence, CA 93526
SOUTHERN CALIFORNIA
Fort Independence Council
Michele Salgado, Chairperson
P.O. Box 391760
Independence, CA 93526
NEVADA
Walker River Paiute Tribe
Sam Stegeman, Water Resources
P.O. Box 220
Schruz, NV 89427
Yurok Tribe
Sid Nix, Councilman
517 Third St., Suite 18
Eureka, CA 95501
Big Valley Rancheria
Mike Umbrello
Environmental Planner
1490 Soda Bay Road
Lakeport, CA 95452
Torres-Martinez
Business Committee
Mary E. Belardo
Chairperson
66-725 Martinez Road
Thermal, CA 92274
Tom Burton
NV Indian Environmental
Coalition
1280 Terminal Way, #22
Reno, NV 89502
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INFORMATION SERVICES
EPA EMPLOYEE LOCATOR/REGIONAL RECEPTIONIST
(415) 744-1305
This number can be used to locale EPA staff at 75 Hawthorne. The Employee
Locator telephone number is listed in the San Francisco, Pacific Bell Telephone
Directory and in all EPA directories. Your call is answered first by Voice Mail
with a menu of options. Calls are then transferred and will ring extensions.
Voice Mail will look for a match in its database and transfer the caller by re-
dialing the extension programmed. Between the hours of 8:30 AM to 5:00 PM,
calls can be transferred to the Regional Receptionist for additional assistance by
pressing 0.
EPA REGION 9 LIBRARY SERVICES
The US Environmental Protection Agency Region 9 Library provides a wide
range of services and maintains an extensive collection of environmental informa-
tion. The Region 9 Library contains approximately 40,000 technical reports,
7,000 books, 250 periodicals,and over 200,000 reports on microfiche. The
collection consists primarily of technical material related to water pollution, air
pollution, pollution prevention, hazardous waste, environmental law and pesti-
cides. An American Indian collection is currently being developed that will
include books, videos and periodicals that cover Indian law, history, and culture.
The current services and collections include the following:
*Reference*Law Collection
~Database Access*Majp,CoIlection
~Interlibrary Loans*Hazardous Waste Collection
*Joumals*Pollution Prevention
The Regional Library provides interlibrary loans through the Online Com-
puter Library Center (OCLC), or by using a standard American Library Associa-
tion (ALA) form available through your local library.
Tribal members can also access the library via the Online Library System
(OLS) a computer catalog of EPA's library network. A brochure about OLS and
how to use it is available from the library.
The Regional Library is located on the 13th floor of the Regional Office
in San Francisco (75 Hawthorne, SF, CA 94105). The Library is available for use
from 9:00 a.m. to 5:00 p.m. Monday-Friday. The reference desk telephone service
is available from 10:00 a.m. to 3:00 p.m. Monday-Friday, phone (415) 744-1510.
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The Public Information Center is also located in the library and can be reached
by telephone at (415) 744-1500. The Information Center will answer question
regarding specific EPA programs or direct your call to the appropriate EPA staff
person. They also distribute a limited number of EPA brochures and publications.
HOTLINES AND CLEARINGHOUSES
Tribal:
American Indian Environmental Office (AIEO) U.S. EPA
401 M SL SW
Washington, D.C. 20460
202-260-7939 (Fax: 202-260-7509)
Region 9 Emergency Response Hotline
Region 9 Environmental Justice Information Line
(General Information and Grants)
Air and Radiation:
Air Risk Information Support Center Hotline (AIR RISC)
Emission Factor Clearinghouse
Indoor Air Quality Information Clearinghouse (1AQ INFO)
National Air Toxics Information Clearinghouse (NATICH)
National Radon Hotline
415-744-2000
415-744-1565
919-541-0888
919-541-5477
800-438-4318
or 301-585-9020
919-541-0850
800-SOS RADON
or 800-767-7236
301-670-6294
800-535-0202
or 703-412-9877
800-262-7937
Hazardous and Solid Waste:
Alternative Treatment Technology Information Center
Emergency Planning and Community Right to Know
Information Hotline
Hazardous Waste Ombudsman Program
or 202-260-9361 or 913-551-7050
National Response Center (NRC) (Wash. DC) 800-424-8802 or 202-267-2675
Region 9 Emergency Response Hotline 415-744-2000
Resource Conservation and Recovery Act/Superfund/ 800-424-9346
Underground Storage Tank (RCRA/SF/UST) or 800-553-7672
Solid Waste Assistance Program (SWAP) 800-677-9424
Asbestos Ombudsman Clearinghouse/hotline 800-368-5888 or 703-305-5938
National Lead Information Center Hotline 800-LEAD-FYI (800-532-3394)
or 800-526-5456
National Pesticide Information Retrieval System (NPIRS)
National Pesticide Telecommunication Network (NPTN)
Toxic Substances Control Act/Assistance Information Service
Pollution Prevention (PPIC)
Radon Measurement Proficiency Program
Sandy Cohen & Assoc., Inc.
14181-85 Parkway
317-494-6614
800-858-7378
202-554-1404
202-260-1023
205-272-2797
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Montgomery, AL 36106
Radon Contractor Proficiency Program 612-624-8747
Midwest University Radon Consortium
St. Paul, MN 55108
Water:
Clean Lakes Clearinghouse (CLQ 800-726-LAKE (800-726-5253)
or 202-833-8317
National Small Flows Clearinghouse 800-624-8301 or 304-293-4191
& National Drinking Water Clearinghouse
Nonpoint Source Information Exchange (NPS) 202-260-3665
Office of Water Resource Center 202-260-7786
Safe Drinking Water Hotline 800-426-4791
Storm Water Hotline 703-821-4823
Wastewater Treatment Information Exchange (WTIE-BBS) 800-544-1936
Wetland Hotline 800-832-7828
Other Programs:
Environmental Equity Hotline
Region 9 Environmental Justice Information Line
(general information and grants)
Environmental Financing Information Network
Inspector General Hotline
Risk Communication Hotline
800-962-6215 or 202-260-6357
415-744-1565
202-260-0420
800-424-4000
202-260-5606
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I
ACRONYMS AND DEFINITIONS
AARP - American Association of Retired
People
A HERA - Asbestos Hazard Emergency
Response Act
AIAC - American Indian Advisory Council
AIEO - American Indian Environmental
Office
AIO - Americans for Indian Opportunity
A1SES - American Indian Science and
Engineering Society
ANV - Alaskan Native Village
AO - Administrative Order
AQM - Air Quality Monitoring
ASHAA - Asbestos School Hazard Abate-
ment Act
BIA - Bureau of Indian Affairs
BOD5 - Measurement of oxygen required
for biochemical degradation of organic
matter and oxygen used in oxidizing
inorganic material in water (usually
wastewater or receiving water sample).
C&T - Certification and Training
CAA - Clean Air Act
CEPPO - Chemical Emergency Prepared-
ness and Prevention Office
CERCLA - Comprehensive Environmental
Response, Compensation and Liability
Act; also known as Superfund.
CERT - Council of Energy Resource Tribes
CFR - Code of Federal Regulations
CR - Circuit Rider
CWA - Clean Water Act
DBP - Disinfection By-Product
D/I Direct Implementation
DOI - Department of Interior
DMR Discharge Monitoring Report
EE - Environmental Education
EIS - Environmental Impact Statement
EPA - Environmental Protection Agency
EPCRA - Emergency Planning Community
Right To Know Act
FEMA Federal Emergency Management
Agency
FIFRA - Federal Insecticide, Fungicide, and
Rodenticide Act
FY - Fiscal Year (October 1- September 30)
GIS - Geographic Information System
GVVP - Groundwater Protection
HMTUSA - Hazardous Materials Transpor-
tation Uniform Safety Act
HWM - Hazardous Waste Management
IAG - Inter-agency Agreement
IGA - Inter-governmental Agreement
IHS - Indian Health Service
ILAWG - Indian Law Attorney Work
Group
IOC - Inorganic Chemical
IPA - Inter-governmental Personnel
Agreement
IRAA - Indoor Radon Abatement Act
ISA - Indian Set-Aside
IWG - Indian Work Group
LCCA - Lead Contamination Control Act
LEA - Local Education Agency
LEPC - Local Emergency Planning
Committee, established under SARA
LUST - Leaking Underground Storage
Tank
MOA - Memorandum of Agreement/MOU
- Memorandum of Understanding
MCL - Maximum Contaminant Level
NCAI - National Congress of American
Indians
NEPA - National Environmental Policy Act
NESHAP - National Emission Standards
Hazardous Air Pollutants
NPDES - National Pollution Discharge
Elimination System
NPDYYR - National Primary Drinking
Water Regulation
NPL - National Priority List
NPS - Non-point Source
NTEC - National Tribal Environmental
Council
NTNC - Non-transient non-community
O&M - Operation and Maintenance
OSHA - Occupational Safety and Health
Administration
pH - A measurement of hydrogen ion in a
compound; determines whether a
compound is "acidic" or "basic."
PHS - Public Health Service
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PPIS - Pollution Prevention Incentives to
States
PRP - Potentially Responsible Party
PWS- Public Water System
RA - Regional Administrator
RCRA - Resource Conservation and
Recovery Act
RRT- Regional Response Team
SARA - Superfund Amendments and
Reauthorization Act
SDWA - Safe Drinking Water Act
SEE Senior Environmental Employee
SERC - State Emergency Response
Commission
SIC - Standard Industrial Classification
SLR - State/Local Relations
SMCRA - Surface Mining Control and
Reclamation Act
SMF - Standardized Monitoring Framework
SOC - Synthetic Organic Chemical (non-
volatile)
SSA - Sole Source Aquifer
SWM - Solid Waste Management
T/A - Technical Assistance
TAS -Treatment-As-A-State
TCLP - Toxicity Characteristic Leaching
Procedure
TCTF - Tribal Capacity Task Force
TERC - Tribal Emergency Response
Commission
TIP - Tribal Implementation Plan
TOC - Tribal Operations Committee
TRI - Toxic Release Inventory
TSCA Toxic Substances Control Act
TWQS - Tribal Water Quality Standards
UIC - Underground Injection Control
USDA - US Department of Agriculture
VOC - Volatile Organic Chemical
\VHP - Wellhead Protection
WQM - Water Quality Management
WQS - Water Quality Standards
WWTF - Wastewater Treatment Facility
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