V V V V V V V Protecting the Tribal Environment— Options b Opportunities i& & & A & A. Jk. <&. A. A. M $ / the Water 0 the Land 0 the Air T r i,b e s 1 Sovereign Right to Prorte c't ------- V V V V V V Table of Contents Introduction Benefits of Tribal Management of Environmental Protection Programs EPA Indian Policy Developing Tribal Environmental Programs Programs Available for Management by Tribes Enforcement of Environmental Laws Federal Implementation of Environmental Protection Programs ------- Introduction In order to protect the nation's natural resources and the health of the general public, the United States Congress creates federal environmental protection laws. These laws are then implemented and enforced across the nation, primarily by the U.S. Environmental Protection Agency (EPA), but also by states, local governments, and Indian tribes. Not all federal environmental laws are equally clear in defining the authority and role of tribes in protecting the environment in Indian Country. Yet tribes can participate in managing many environmental protection programs over which EPA has authority. Federal environmental law£ set standards '-Wf-' for what people and institutions must do to control and/or prevent pollution in addition, mafty of these laws provide opportunities and financial 'I $ support for tribes to conduct ^nvi|bnmer*fal planning, monitoring, remediation, and pollution prevention. This.guide presents more than 20 environmental programs, for which Indian tribes tan request!mf nagejrient authority. Because each program has difteferingualification criteria, * c requests lor material shdyjdpe directed to EPA st working in Specific progra search for further Inform Environmental Information Servf^l^nter at (800) 227-8917 or, in Denver, at%93%603. 'V A A A A I A A A A ------- V V V V V V W V • V Benefits of "Tribal Management of Environmental Protection Programs v*. EPA believes that tribal governments-are in the •>=**'best position to set standards and protect the environment and public health in Indian Country. When a tribe receives approval for managing environmental programs, the tribe is recognized as the principal party for performing official activities under federal environmental laws. The tribal exercise of sovereignty in this way retains tribal control over the future condition of Indian Country and Indian Country environments. It also serves to support the government-to-government status that is vital to a healthy tribal-federal partnership. EPA's role in this partnership is to provide technical assistance and federal funding whenever possible. A. A. A A 1 AAA A ------- V V V . v w ~w EPA Indian Policy Since 1970, federal Indian policy has • >5*"' supported the right for tribal governments to have primary authority for all matters affecting Indian Country. /\ national policy established by EPA in 1984 calls for close involvement of tribal governments in making decisions and managing ¦; environmental programs affecting reservation lands. This policy also calls for special consideration of tribal interests when making EPA policy. As is true for all EPA policies, EPA's fundamental objective is protecting the environment and human health. The 1984 policy recognizes tribal governments as the primary parties for setting standards, making environmental policy decisions, and managing tribal programs that are consistent wftb EPA standards and regulations. To make this possible, EPA is committed to taking affirmative steps to encourage and assist tribes in assuming,^ regulatory and program management responsibilities. In this way, EPA assists interested tribal governments >*"»" ¦" \ fn developing programs to pf©tecfc|heir ped^fe and their natural resources. EPA%lsp encourages* cooperation between tribal; *sigj|, and local governments iq resolve enviror^fa|#p|3blems of mutual concern. Some tribal government may be either unwilling or unable to as$lime full| respond©Jj|ty for environments! protection programs. Until such situates change, EPA will retain responsibility for pl^ram management. ------- V V V V V V Developing Tribal Environmental Programs ManV ^ederal environmental laws allow tribal •^^•'governments to develop programs for Indian Country. When EPA determines that a tribal program meets federal requirements, EPA can approve the program and transfer authority for it to the tribe. •'(?%¦EPA oversees roore than 20 programs that •>?*• provide environmental protection under the broad federal laws passed by Congress. Many of these programs involve establishing and enforcing regulations; others consist of implementing voluntary measures to reduce pollution. Each program cites specific criteria which must be met •* in order for a tribe to participate. •/7^' For some ^ese environmental programs, •%<•' financial support is available to tribes for the various staged of program development. Additionally, thf Indian Environmental General Assistance Program Act of 1992 makes funds available to support the costs of planning, developing, and establishing tribal environmental protection .programs. A . A A A ------- V V W w w v Programs Available for Management bu Tribes When the U.S. Congress passes environmental • laws, it directs EPA to develop regulations associated with some of the programs outlined in the laws. This is the case for laws such as the Clean Air Act, Clean Water Act, and Safe Drinking Water Act. EPA has developed regulations for tribal programs under many, but not all, of the existing environmental statutes. As Congress reauthorizes the statutes, the specific language and programs contained within them are subject to revision. Reauthorization of the Safe Drinking Water Act, for example, may include adding programs for which tribes will be eligible to seek approval. The following list describes programs that can • be directly implemented by EPA or managed by tribes. In order to be approved for a particular program, a tribe must meet very specific requirements. Therefore, a tribe must apply - separately,for each program. Water National Pollutant Discharge Elimination System (NPDES) requires that anyone discharging* significant Jevels of pollution into any waterway(s) obtain a permit from EPA or an EPA-approved entity (tribal agency or state). Permits limit the amounts and kinds of pollutants that can be legally , discharged into waterways. ------- V V V V V V Pre-treatment Program requires dischargers to provide some level of treatment for hazardous wastes before discharging them into a publicly- owned wastewater (sewage) treatment plant. Underground Injection Control (UIC) regulates the manner in which specific kinds of wastes can be placed underground. The program is designed to protect the quality of water in aquifers. Public Water Supply (PWS) regulates drinking water systems of a certain size under the federal Safe Drinking Water Act. Sludge Program regulates the disposal and use of solids left over from wastewater (sewage) treatment plants. Wetlands Program requires permits from EPA or an EPA-approved entity (tribal agency or state) to do work in rivers or streams or on shorelines. The program is designed to protect wetlands from damage and/or destruction. Construction Grants provide federal financial assistance to build needed wastewater treatment works. State Revolving Fund (SRF) provides a federal funding mechanism for specific construction projects: for wastewater treatment plants under the Clean Water Act, and for drinking water systems under the Safe Drinking Water Act. A A A A ------- W V V V W V -V v V V Wellhead Protection Program (WHP) identifies areas where contaminated water could reach a public water supply well, and creates land use management approaches to protect such identified wells from contamination. Nonpoint Source (NPS) provides for the management of pollution sources that originate from a diffuse area and may impact water quality, such as urban and agricultural runoff. Water Quality Standards are developed under the Clean Water Act to establish acceptable levels of contaminants that can be carried by specific bodies of water. "Toxics Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) lists specific restricted-use pesticides that can be applied only by people trained and certified to use them. Endangered Species Program evaluates potential impacts of pesticides in areas where endangered species may exist, and authorizes EPA to halt pesticide use in specified areas. Jft i Worker Protection Eifcforcfginent sets requirements to protect tyqrk&s from the ha of pesticides, Including proactive equipment f used and .re-entry times tfrat1s;eep workers fro returning to sprayed fields while still hazard; A A A A 7 A _ A ' A A ------- Groundwater Protection, under F1FRA, seeks to protect groundwater supplies from the effects of surface application of pesticides. Air- Prevention of Significant Deterioration (PSD) is a Clean Air Act program that protects air which is already cleaner than is required by national standards; such air must be protected and cannot be allowed to "dirty down" tp the standard. National Emissions Standards for Hazardous Air Pollutants (NESHAPS) establishes emissions standards for nonconventional air pollutants such as asbestos, benzene, polyvinyl chloride, and mercury. New Source Performance Standards (NSPS) sets air pollution limits for new factories, power plants, and other stationary sources of air pollution. Indoor Radon provides for: 1) research, , demonstration, and evaluation techniques to reduce radon levels in new and existing homes, 2) information on how to evaluate health risks associated with different levels of radon, and 3) information on how to reduce radon in indoor air and drinking water. A A A A a A A A A ------- V V V V V V Hazardous and Sq\'\A Waste Resource Conservation and Recovery Act (RCRA) is the nation's basic solid and hazardous waste Isw. It sets standards for waste disposal and establishes programs to track wastes from the point of creation to disposal, and to force hazardous waste cleanupsat existing facilities. Municipal Solid Waste, under RCRA, regulates landfills. Underground Storage Tanks (UST), under RCRA, aims to prevent and track leakage of liquids from underground tanks. This program serves to protect the quality of water in aquifers. Superfund (CERCLA) cleans up abandoned or uncontrolled hazardous waste sites. A A A A 9 ------- V • V W V w w Enforcement of Environmental Laws Enforcement consists of all efforts to encourage compliance with environmental laws. One of the main components of environmental programs in Indian Country is the enforcement of either tribal or federal environmental laws. For many environmental programs, tribes may develop tribal laws or codes which are enforceable in tribal court. •'(?% Suc'1 'aws or c°des established by the tribe must meet all national standards and regulations—or may be more strict than national standards in protecting against environmental degradation. Issuing and enforcing tribal rules and permits enables tribes to maintain their own environmental standards and regulations. For those programs where tribes cannot or do not develop a tribal regulatory framework, federal environmental laws remain enforceable In federal court. i. Enforcement Jnplades activities strcft as inspections, perflating, <*omtpjtfance monitoring, and other efforts tp Encourage comptenc* with enviro'nntpntal istiiadardsL injsome cases/a tribe ra&y perform Wiany activities involved w en^lj^l^fiental i^o^riinkbi|t up to to relydn EPA to perform, cr^rk^^^dkmti&ri in cases where they lack criminal enf<|Ns©i8terii authority. lO ------- WWW W W W W W W W Federal Implementation of Environmental Protection Programs ,• Where a tribe has not yet been approved • for environmental programs, or chooses not to seek approval, EPA retains responsibility for management and enforcement. In those cases " where a tribe requests that EPA implement an environmental program in Indian Country, EPA will generally enforce federaf protection standards rather than .those that could be developedby tlfe|rijb While this may seem like a drawback, dft-^fe &al implementation stifl serves function: protecting the envir Country. EPA prefers to see environmental programs rat, direct federal implementatio approved to manage a prograril,^etffi>al government assumes the lead role while EPA provides support and assistance. I * own n performing QnJi§ tribe is ------- |