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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/ous
Sunset near Miccosukee Resort and Gaming, October 2009
Indian Country Update: Fiscal Year 2010
A Note From: Carolyn Hoskinson, Director
EPA's Office of Underground Storage Tanks
The primary objective of the 2005 EPA LIST Tribal Strategy agreed upon by Tribes and
EPA, was to strengthen relationships, communication, and collaboration. In keeping this
commitment, I was pleased to begin EPA's fiscal year 2010 with the Annual Tribal-EPA
Underground Storage Tank (LIST) meeting in Miami, Florida, hosted by the Miccosukee
Tribe of Florida. Approximately 55 people representing 20 tribes and EPA nationwide
attended this meeting. Some participants also attended a leaking UST(LUST) training,
which was held following the meeting. I was told by several participants that the
discussions at the meeting were the best yet.
This year, we continued an
aggressive effort to assess
contamination and clean up
releases from federally-
regulated USTsin Indian
country. With the
additional, one-time funds
from the 2009 American Recovery and Reinvestment Act (Recovery Act), EPA was able
to assess and clean up 53 sites benefiting 23 tribes. We are very pleased that together
we exceed our cleanup goal for the sixth straight year. Also, for the first time ever, we
exceeded the national goal for the percentage of LIST facilities in Indian country that are
in significant operational compliance with release detection and release prevention
requirements.
August 2010 marked five years of progress implementing the Energy Policy Act, which
included developing the LIST tribal strategy. I am proud of the work we did together to
develop the strategy, and of the accomplishments we have made to fulfill the strategy's
commitments. I am also pleased at the progress we made toward fulfilling the Energy
Policy Act requirement to inspect all USTs in Indian country once every three years. I
hope that you share in my enthusiasm and respect for all that we have accomplished to
implement the Energy Policy Act in Indian country through our close partnership and
collaboration.
We ended FY 2010 together with a productive meeting at our 22nd National Tanks
Conference and Exposition, September 20-22, 2010, in Boston, MA. We discussed the
upcoming regulations that will apply in Indian country; training for LIST owners, operators
and inspectors; lessons learned from inspections; and green remediation.
In the next few pages, I share some of our key accomplishments and progress to date,
upcoming news, and plans for continuing our partnership to improve the UST/LUST
program in Indian country. I also identify some of the challenges facing the program.
I look forward to continue working together to address these challenges
and to plan our Spring 201 1 Tribal-EPA LIST Meeting in Oneida, Wl
hosted by the Oneida Tribe of Indians of Wisconsin.
Recovery Act Cleanup In 2-3
Indian Country
Update On UST Compliance 4
In Indian Country
Update On LUST Cleanups In 5
Indian Country
Funding And Grants
On The Horizon: 7
V UST Regulations
V Compliance Assistance
Training
V 2011 Annual Meeting
V Brownfields Conference
Energy Policy Act: 5 Years Of 8-9
Progress: EPA UST
Tribal Strategy: Commit-
ments and Accomplish-
ments
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
L3 Million Of Recovery Act Money For
Cleaning Up Tank Releases In Indian Country
www.recovery.gov
In 2010, EPA continued its work to clean up sites in Indian country
using an additional $6.3 million of 2009 Recovery Act funds. EPA
allocated this money to existing EPA cleanup contracts with Alaska
Native and Native American firms. This one-time addition substan-
tially increased EPA's ability to assess and clean up leaking under-
ground storage tank sites in Indian country. It is supporting work at
53 sites in Indian country benefiting 23 tribal communities.
EPA's Funding For Cleanup Of LIST
Releases In Indian Country
(in millions)
$3.0
EPA contracted with Bristol to remediate
leaking underground storage tanks al this
$6.3
J Recovery Act
I Cleanup
Remediation work at Winnebago Tribe of Nebraska
Tribes With LUST Recovery Act Sites (By EPA Region)
Region
V
Region
V
V
Region
V
V
V
V
Region
V
Region
V
V
V
V
Onondaga Nation of New York
Menominee Indian Tribe of Wisconsin
White Earth Tribal Nation
i
Pueblo of Laguna
Pueblo of Picuris
Kewa Pueblo (formerly Pueblo of Santo
Domingo)
Pueblo Santa Clara
t
Winnebago Tribe on Nebraska
8
Assinboine and Sioux Tribes
Blackfeet Tribe
Cheyenne River Sioux
Confederated Salish and Kootenai Tribes
Region 8
V Crow Creek Sioux Tribe
V Ogalala Sioux Tribe
V Northern Cheyenne Tribe
V Standing Rock Sioux Tribe of North
and South Dakota
Region 9
V Colorado River Indian Tribes
V Hopi Tribe of Arizona
V Navajo Nation
V San Carlos Apache Tribe
V Yurok Tribe of California
Region 10
V Makah Reservation
V Nez Perce Tribe of Idaho
For information about EPA's leaking underground storage tank program
and the American Recovery and Reinvestment Act:
http://www.epa.qov/oust/eparecovery/index.htm
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
**
if ~ff "fc RECOVWUOV
An Inside Look At
Recovery Act Cleanup Sites
www.recovery.gov
Winnebago Tribe of Nebraska, Former Skelly Gas Station:
EPA Region 7's LIST program worked in partnership with the Win-
nebago Tribe of Nebraska to use Recovery Act money to clean up
the former Skelly Gas Station site. Work included assessing the
site, removing underground storage tanks in conjunction with con-
taminated soil, and addressing petroleum vapor exposure that af-
fected the tribal courthouse. The former Skelly Gas Station was
abandoned in the 1960s. The remediation activities reduced the
risk to human health and the environment from petroleum vapor
and soil contamination, and improved the neighborhood environ-
ment for the nearby elderly community center and boys and girls
club. This cleanup created several jobs on the reservation and will
facilitate the reuse of this site for commercial purposes.
Remediation work at Winnebago Tribe of Nebraska
Remediation work on Cheyenne River Indian
Reservation, South Dakota
Cheyenne River Indian Reservation Lantry, South Dakota: On
the Cheyenne River Indian Reservation in South Dakota, EPA Re-
gion 8's LIST program is working in partnership with the Cheyenne
River Sioux Tribe to use Recovery Act money to clean up the Lantry
Oil site. Work includes operating and maintaining an air sparge/soil
vapor extraction system, conducting two injection events of in-situ
chemical oxidation, and reducing the dissolved groundwater plume
by over 60 percent. Originally a mixed use property which housed a
gas station, auto repair facility, and plumbing business, the Lantry Oil
site was abandoned approximately six years ago. The remediation
activities are instrumental in helping facilitate a property transfer of
this site, which will foster productive reuse of the property.
Navajo Nation, Former Painted Desert Inn Gas Station: EPA Region 9's
LIST program is working in partnership with the Navajo Nation Tribe to use
Recovery Act money to clean up the former Painted Desert Inn Gas Station.
This gas station originally operated two 10,000 gallon and two 2,000 gallon
USTs, which were removed in August 1991. The remediation activities
have been instrumental in helping determine the extent of soil and ground-
water contamination. Navajo Nation plans to improve the drinking and
wastewater system for the residents in the area and revitalize the site for
potential commercial purposes.
Remediation work at Navajo Nation, Arizona
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
Preventing Releases In Indian Country
Tribes and EPA continue to work to prevent releases and improve LIST compliance in
Indian country by:
V inspecting LIST facilities at least once every three years;
V issuing and using federal credentials to inspect facilities;
V developing additional compliance-focused assistance agreements with tribes;
V developing compliance assistance material;
V providing training to tribal environmental professionals, facility owners and
operators; and
V working to develop regulations to implement provisions of the Energy Policy Act.
UST Universe
FY2010
Indian
Country
States
Active
Tanks
2,668 597,333
Closed
Tanks
5,705 1,748,204
Significant Operational Compliance Rates:
National and Indian Country
64% 66% 62% 63%
66%
48°/o
68-6%
67%
Status Of Significant Operational Compliance At UST Facilities
Significant operational compliance (SOC) is a key element to
preventing releases because it means that a facility has the
equipment required by regulations and performs operation and
maintenance to prevent and detect releases. SOC rates in
Indian country have varied considerably from year to year due to
the relatively small number of USTs. Between 2006-2010, SOC
in Indian country has been on average about 8 percent below
the national rate. However, at the end of FY2010, the gap was
reduced to 1.6 percent and the SOC rate for Indian country
exceeded the national goal of 66.5 percent for the first time ever.
Increased compliance assistance by EPA staff and particularly
tribal compliance assistance officers who are often located
closer to regulated facilities, play an invaluable role in educating
owners and operators and thus promoting compliance.
Furthermore, training for tribal environmental staff and UST
owners and operators is important to help maintain and improve
SOC. EPA, in partnership with tribes, will continue to identify
ways to improve SOC in Indian country.
80%
70%
60% •
50%
40% •
30% •
20%
10%
0%
37%
2004 2005 2006 2007 2008 2009 2010
•National
Indian Country
Tribal Inspectors Authorized To Conduct Federal UST Inspections
Designating tribal inspectors as authorized representatives of EPA to inspect USTs can help increase the geographic cover-
age and frequency of inspections in Indian country. It also helps enhance relationships and increase the capabilities of tribal
inspectors. Since EPA's commitment in 2006 to issue federal credentials for tribal inspectors, a total of six inspectors have
received credentials. Currently only four hold credentials due to changes in tribal staff responsibilities and turnover. In
FY2010, these federally-credentialed tribal inspectors contributed significantly to meeting the inspection requirements of the
Energy Policy Act having completed 63 inspections. EPA anticipates that at least two additional tribal staff will receive federal
credentials in FY2011.
Tribal Inspectors
Tribal Inspections
FY2007
0
0
FY2008
2
4
FY2009
6
85
2010
4
63
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
Completing Cleanups In Indian Country
EPA has primary responsibility for ensuring cleanup of UST releases in Indian country.
EPA works actively with tribes to identify, assess, and clean up these releases by:
V addressing the backlog of cleanups yet to be completed;
V using additional funds provided by the American Recovery and Reinvestment Act;
V identifying Leaking Underground Storage Tank Trust Fund eligible sites;
V continuing use of national and regional cleanup contracts;
V providing cleanup grant funding directly to tribes; and
A/ providing corrective action training to tribes. Remediation work at Domingo T^ post, ^, ***,. New Mexico
i
LUST Cleanups Completed In Indian Country
EPA's annual goal for completing cleanups in Indian country
has been 30. In FY2010, 62 cleanups were completed in
Indian country. This success is due partly to increased use
of the Indian country cleanup contracts maintained by EPA
and funded with the LUST Trust Fund for cleanup activities in
Indian country. In FY2011, EPA's annual goal for completing
cleanups in Indian country is 38.
LUST Cleanups Completed in Indian Country
2003 2004 2005 2006 2007 2008 2009 2010
For several years the cleanup rate in Indian country lagged
behind the national rate by 15-20 percent. In FY2010, the
gap was reduced to 5 percent.
Indian Country and National LUSTCIeanupRate
10 Year Com parison: 2001 -2010
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
Cleanups Yet To Be Completed In Indian Country
Over the past seven years, the LUST cleanup backlog in Indian
country declined by 31 percent. This success is due partly to
focused efforts by EPA and tribes to complete the remaining
cleanups necessary at older sites and to the increased use of the
national and regional Indian country cleanup contracts. These
contracts help assess LUST Trust Fund eligible sites; design
corrective action plans; and remediate contaminated sites.
However, completing cleanups and reducing the backlog of sites in
Indian country is likely to become more difficult because of two
factors. Some EPA regions are conducting comprehensive surveys
to identify abandoned tanks which may have unreported releases
that add to the backlog of sites. Also, EPA is addressing more sites
which require complex cleanups and take more time to complete.
Cleanups Yet To Be Completed in Indian
Country
2004 2005 2006 2007 2008 2009 2010
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
Funding
EPA provided $2.6 million in FY2010
for the LIST Indian country
prevention program.
EPA provided $3 million in FY2010
for LUST cleanups in Indian country.
The American Recovery and Reinvestment Act
provided an additional one-time $6.3 million in 2009
which is being used to clean up sites in Indian country.
EPA's Underground Storage Tank Budget For Indian Country
(in millions)
FY06
FY07
FY08
FY09
FY10
aPrevention "Cleanup a Recovery Act Cleanup
Grants
National Tribal Grant For Compliance Assistance And Inspector Training
EPA awarded a grant worth up to $2 million to the Inter Tribal Council of Arizona,
Inc. (ITCA) for LIST compliance assistance and training support nationwide in
Indian country. Under the five-year agreement, which is in place through March
2014, ITCA will provide:
V targeted compliance assistance to owners and operators of LIST facilities in
Indian country;
V basic LIST compliance training for tribal personnel;
V tribal LIST compliance inspector training; and
V tribal LIST compliance working group meetings.
EPA is enthusiastic about the support ITCA provides in improving LIST facility
compliance throughout Indian country.
To schedule or attend upcoming trainings, please visit: http://www.itcaonline.com/
program ust.html or contact Roland Chester of ITCA at 602-258-4822.
Grants Directly To Tribes
In FY2010, EPA provided over
$2.3 million in LUST prevention
and LUST cleanup grants
directly to 25 tribes. The LUST
prevention grants are used by
tribes to help owners and
operators prevent releases and
mitigate environmental damage
when releases do occur. The
LUST cleanup grants are used
by tribes to develop and
manage their cleanup programs
and clean up UST releases
remaining in Indian country.
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
On The Horizon
IMPORTANT
DATES
TRIBAL- EPA UST MEETING
May 3-5, 2011
Oneida Tribe of Indians
of Wisconsin
BROWNFIELDS CONFERENCE
April 3-5, 2011, Philadelphia, PA
http://www.epa.gov/brownfields/bfconf.htm
ONGOING
COMPLIANCE
ASSISTANCE TRAINING
contact Roland Chester of
ITCA at 602-258-4822.
Update On Development Of Regulations
OUST is revising the 1988 federal UST regulations to require that the Energy Policy Act provisions apply
to USTs in Indian country and in states that do not have state program approval. OUST is also consider-
ing changes to the original 1988 regulations to increase protection of human health and the environment
and prevent UST releases and detect them quickly.
Proposed changes include: adding secondary containment requirements for new and replaced USTs and
piping; adding operator training requirements for UST system owners and operators; adding periodic op-
eration and maintenance requirements for UST systems; removing certain deferrals; adding new release
prevention and detection technologies; updating codes of practice; making editorial and technical correc-
tions; and updating state program approval requirements to incorporate these new changes.
OUST worked closely with states, tribes, industry, and other stakeholders to obtain their early input; we
plan to issue a proposed rule in summer 2011.
Contained submersible turbine pump
UST system operation and maintenance:
examining a dispenser
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
Energy Policy Act: Five Years Of Progress
EPA UST Tribal Strategy:
Tribal And EPA Accomplishments And Continuing Commitments
Commitment: Strengthen Relationships, Communication, And Collaboration
Accomplishments:
V Developed web site httD://www.eDa.qov/oust/tribes/index.htm.
V Developed UST Program Directory http://www.epa.gov/swerust1/pubs/usinctrdir.htm.
V Held Annual Tribal-EPA Meetings in Albuquerque, NM (2007), Rapid City, SD (2008), Miami, FL (2009) and
quarterly conference calls.
V Increased tribal role in national conference.
V Developed chat room http://tech.groups.vahoo.com/group/Tribal UST/ and
http://groups.vahoo.com/group/Tribal-EPA UST Workgroup/.
V EPA Administrator Jackson reaffirmed EPA's 1984 Indian Policy on July 27, 2009.
Commitment: Improve Information Sharing
Accomplishments:
V Developed and implemented communication and outreach plan.
V Enhanced EPA's Indian country funding process to provide a more open understanding of program resources available
to tribes.
V Provided information about EPA's Petroleum Brownfields Grant Funding
http://www.epa.gov/swerust1/petroleumbrownfields/pbgrants.htm.
V Provide mid-and end-of-year program performance reports http://www.epa.gov/oust/cat/camarchv.htm.
V Use national and regional tribal operations committees to disseminate information.
Commitment: Implement New UST Provisions Of The Energy Policy Act
Accomplishments:
V Developing regulations to require provisions (such as delivery prohibition, operator training and secondary containment)
apply to USTs in Indian country and in states that do not have state program approval.
V Performing mandatory on-site inspections of all USTs in Indian country once every three years.
V Awarded grant to provide owner/operator training for Indian country http://www.itcaonline.com/program ust.html.
V Provided information on the status of federal and state agency compliance.
V http://www.epa.gov/oust/fedlaws/ffreport.htm
V http://www.epa.gov/oust/fedlaws/staterpt.htm 8
December 2010
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U.S. Environmental Protection Agency
Office of Underground Storage Tanks www.epa.gov/oust
Energy Policy Act: Five Years Of Progress
EPA UST Tribal Strategy:
Tribal And EPA Accomplishments And Continuing Commitments
Commitment: Implement UST Prevention Activities Through EPA And Tribal UST Programs
Accomplishments:
V Working to improve significant operational compliance (SOC) at UST facilities in Indian country to prevent and
detect releases.
V Issued federal credentials to six tribal inspectors.
V Provided about $2.6 million annually to prevent UST releases in Indian country.
V Provided grant funding directly to tribes to help owners and operators prevent releases from USTs.
Commitment: Implement LUST Cleanup Activities Through EPA And LUST Tribal Programs
Accomplishments:
V Implementing the American Reinvestment and Recovery Act, which provided an additional $6.3 million for cleanup
in Indian country.
V Worked to reduce the backlog of cleanups not yet completed in Indian country.
V Expanded efforts to identify abandoned tank sites in Indian country.
V Provided sustained annual budget of about $2.6 million to assess and clean up sites in Indian country where the
owner or operator is unknown, unwilling, or unable to perform the cleanup.
V Provided LUST funds directly to tribes to conduct cleanups.
V Provided LUST corrective action training for tribes.
Remediation work at Navajo Nation, Arizona
December 2010
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