EPA 910-B-04-002
January 2004
EPA R10
TRIBAL ENVIRONMENTAL
RESOURCE CUIPE
(WORKIN6 DRAFT)
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AIR, LAND,& WATER
EPA REGION 10 TRIBAL OFFICE
Tribal Resource Guide - Working Draft - January 2004
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Preface
The following six chapters have been taken from the working draft of the Region 10
Tribal Resource Guide. This guide was put together with the help of many individuals
at EPA and I would like to thank each of you for your hard work. While this version
is not complete I felt it was important to get a draft out in order to receive feedback.
The complete guide will be available in the Fall of 2004. The information contained
in the guide is an attempt to explain what types of resources EPA has available to
Tribes. Please look through the guide and let me know if the information is helpful to
your Tribal environmental programs. If you have any comments or suggestions to
make the document more useful please send me an email at fordham.tami@epa.gov
or call me at (907) 271-1484. I look forward to hearing from you.
Sincerely,
Tami Fordham
Alaska Tribal Coordinator, US EPA RIO Tribal Office
UNITED STATES
PROTECTION/,^
10 TRIBAL OFFICE
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TABLE OF CONTENTS
INTRO.
AIR
LAND 43
WATER 63
MULTI-MEDIA 85
LINKS, RESOURCES & GRANTS 111
APPENDIX 133
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INTRO
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EPA's APPROACH TO ENVIRONMENTAL PROTECTION IN INDIAN COUNTRY
Introduction
The mission of the United States Environmental Protection Agency (EPA) is to protect human
health and to safeguard the natural environment—air, water, and land—upon which life depends.
From its origin, EPA has led the nation in controlling pollution and other environmental risks. As
a result of EPA actions, it can be said that our air, land and water are now much safer and cleaner
than 25 years ago despite population increases and continued economic expansion.
Although this substantial progress has been made, there are still many human health and
environmental challenges that cannot be met with traditional media-specific "command and control"
approaches. For example, it has been posited that children, Native American Tribal communities,
and other minority populations and low-income populations suffer disproportionately from adverse
health effects caused by some environmental conditions. Until very recently, there has not been a
fully concerted effort to do environmental work in Indian country. To address these specific needs,
EPA has created a number of innovative multimedia programs that rely on the active participation
of the affected communities to reduce human health and environmental risks in the most effective
manner.1
One of these programs is the EPA Indian Program. It involves significant intra-Agency and
multimedia activities designed to ensure protection of human health and the Tribal environment, in
a manner consistent with EPA's trust responsibility to federally-recognized Tribes, the government-
to-government relationship, and the conservation of cultural uses of natural resources.
The Importance of the Indian Program
The responsibilities of the Indian Program include protecting the health of millions of Indians and
non-Indians residing in Indian country, addressing the environmental needs of 560 Tribal nations,
and safeguarding the natural environment.2 EPA's role is critical. Native Americans have the worst
health statistics in the country, and environmental mitigation in Tribal communities is significantly
behind that of non-Tribal communities. It is imperative that EPA enhance its partnership with the
Tribes and work with Tribes to identify and achieve environmental goals.
1 U.S. Environmental Protection Agency, EPA Strategic Plan 7, 80 (1997).
2
Department of Interior, Bureau of Indian Affairs, Indian Entities Recognized and Eligible to receive
services from the United States Bureau of Indian Affairs, 62 FR 55270 (1997).
3 Id. at 85-86.
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Objectives of the Indian Program
In 1984, EPA became the first federal agency to adopt a formal Indian policy. When the policy was
reaffirmed in 1994, an action agenda was established for enhancing and strengthening Tribal
operations. A key element was a commitment to fully institutionalize the policy into Agency
activities. The American Indian Environmental Office (AIEO) was established and the Tribal
Operations Committee (TOG) was formed to help EPA identify Indian environmental priorities and
issues for discussion and resolution on how EPA can improve its program delivery and
implementation. Through this ongoing dialogue, key objectives for program implementation have
evolved. As an Agency, we want to:
• achieve adequate environmental infrastructure throughout Indian country;
• complete Tribal and EPA Environmental Agreements (TEAs) with every Tribe.
These agreements would contain a Tribal environmental conditions baseline
assessment, Tribal environmental priorities, and joint commitments to achieve these
priorities;
• implement fully the 1984 EPA Indian policy;
• increase significantly the number of Tribes implementing environmental programs;
• build capacity and adequate internal mechanisms to help Tribes implement
environmental programs that meet the needs established in Tribal baseline
assessments and, in the absence of Tribal implementation, establish means for EPA
implementation; and
• establish a mechanism, in partnership with Tribal and state governments, to resolve
transboundary issues.4
How To Accomplish Objectives
These objectives can be met through a combination of actions including:
• increased Tribal capacity-building efforts;
• greater implementation of environmental programs within Indian country;
• expanded education for EPA employees regarding Tribal environmental issues;
• increased technical assistance and training for Tribal environmental program
managers;
• continued intra-agency, multimedia coordination of Indian program activities by the
American Indian Environmental Office and others;
• improved coordination with Tribes to achieve environmental goals and priorities
identified by Tribal governments in Tribal and EPA environmental agreements; and
• to the extent possible and as aggressively as possible, increase resource investments
in environmental management.5
Although accomplishing successful environmental management in Indian country is not easy, the
Agency has found ways to make it happen over time. These ways are described in more detail in the
4 Id. at 86.
5 Id.
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remainder of this chapter. Program policies, implementation methods, and the organizational
infrastructure developed to implement Tribal programs are discussed. Also, because environmental
protection in Indian country often requires the assistance and cooperation of other federal agencies,
some key agencies involved in this field are described.
FEDERAL AND EPA POLICIES
A number of executive orders and policies provide strong guidance to federal agencies on how they
are to consult with and consider Tribal interests when taking actions. An illustrative selection of the
most relevant policies and executive orders is discussed below. Copies of the full text can be found
in the appendix.
Executive Order on Consultation and Coordination with Indian Tribal Governments
On May 14,1998, President Clinton issued Executive Order 13084 entitled "Consultation and
Coordination with Indian Tribal Governments." The effective date of Order 13084 is August 12,
1998. It is intended to supplement but not supersede President Clinton's Executive Memorandum
of April 29,1994 on "Government-to-Government Relations with Native American Tribal
Governments." Executive Order 13084 directs federal agencies to do a variety of things, some of
which are listed below.
• In formulating policies significantly or uniquely affecting Indian Tribal governments,
agencies should be guided to the extent permitted by law, by principles of respect for
Tribal self-government and sovereignty, treaty and other rights, and for
responsibilities arising out of the federal government's unique relationship with
Tribal governments.
• There shall be effective processes to permit Tribal governments to provide
meaningful and timely input in the development of regulatory policies affecting
Tribal communities.
• Agencies should prevent the promulgation of regulations that impose substantial
direct compliance costs on Tribal governments, unless certain exceptions apply.
• Where possible, agencies should streamline waiver processes of statutory or
regulatory requirements with a view toward increasing opportunities for Tribal
governments.
• In issues relating to Tribal self-government, trust resources, or treaty and other
rights, agencies should explore and where appropriate, use consensual mechanisms
for developing regulations.
The above summary is only a very broad summary. The Executive Order is located in the appendix.
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Presidential Memorandum on Government-to-Government Relations With Native American
Tribal Governments
On April 29, 1994, President Clinton issued a memorandum to the heads of all executive
departments and agencies of the federal government regarding government-to-government relations
with Native American Tribal governments. This memorandum states that executive department and
agency activities affecting Tribal rights or trust resources should be implemented in "a
knowledgeable, sensitive manner respectful of Tribal sovereignty." This memorandum further
provides that Executive Branch activities shall be guided by several principles. The memorandum
provides that executive departments and agencies shall:
• operate within a government-to-government relationship with federally-recognized
Indian Tribes;
• consult, to the greatest extent practicable and to the extent permitted by law, with
Indian Tribal governments before taking actions that affect federally-recognized
Tribes;
• assess the impact of executive department and agency activities on Tribal trust
resources and assure that Tribal rights and concerns are considered during the
development of such activities;
• take appropriate steps to remove procedural impediments to working directly and
effectively with Tribal governments on activities that affect the trust responsibility
and/or governmental rights of Tribes;
• work cooperatively with other federal departments and agencies, where appropriate,
to accomplish these goals established by the President; and
the requirements of Executive Orders Nos. 12875 ("Enhancing the
Intergovernmental Partnership") and 12866 ("Regulatory Planning and Review"),
tailoring federal programs in appropriate circumstances to address the unique needs
of Tribal communities.
EPA Indian Policy
This policy was first issued by EPA in 1984 and has since been reaffirmed by every subsequent
Agency Administrator, including Carol Browner in March 1994. The policy is intended to provide
guidance to EPA staff and managers in dealing with Tribal governments and in responding to the
problems of environmental management on Indian reservations in order to protect Tribal health and
environments. In carrying out EPA programs, the policy establishes nine principles.
1) The Agency stands ready to work directly with Indian Tribal governments on a one-
to-one basis (the "government-to-government" relationship), rather than as
subdivisions of other governments.
2) The Agency will recognize Tribal governments as the primary parties for setting
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standards, making environmental policy decisions and managing programs for
reservations, consistent with Agency standards and regulations.
3) The Agency will take affirmative steps to encourage and help Tribes assume
regulatory and program management responsibilities for reservation lands.
4) The Agency will take appropriate steps to remove existing legal and procedural
impediments to working directly and effectively with Tribal governments on
reservation programs.
5) The Agency, in keeping with the federal trust responsibility, will assure that Tribal
concerns and interests are considered whenever EPA's actions and/or decisions may
affect reservation environments.
6) The Agency will encourage cooperation between Tribal, state, and local governments
to resolve environmental problems of mutual concern.
7) The Agency will work with other federal agencies that have related responsibilities on
Indian reservations to enlist their interest and support in cooperative efforts to help
Tribes assume environmental program responsibilities for reservations.
8) The Agency will strive to assure compliance with environmental statutes and
regulations on Indian reservations.
9) The Agency will incorporate these Indian policy goals into its planning and
management activities, including its budget, operating guidance, legislative initiatives,
management accountability system and ongoing policy and regulation development
processes.
This policy was accompanied by an implementation guidance that established the National Indian
Work Group consisting of Indian coordinators to be appointed in each of the Headquarters
program offices and Regional offices. In addition, the guidance formally placed responsibility for
the implementation of Tribal environmental programs in three EPA Offices where it remained until
the establishment of the American Indian Environmental Office in October 1994.
Other Policies and Guidance
Executive Order and Memorandum on Environmental Justice
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, and its accompanying memorandum were issued in February 1994.
The Executive Order is designed to focus federal attention on the environmental and human health
conditions in minority communities and low-income communities and to promote
nondiscrimination in federal programs substantially affecting human health and the environment.
Specifically, section 6-606 of the Order states that "each Federal agency responsibility set forth
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under this order shall apply equally to Native American programs." The Order also specifically
addresses subsistence consumption of fish and wildlife. The accompanying memorandum identifies
the need for federal agencies to consider environmental justice implications when taking actions
subject to the National Environmental Policy Act. The memorandum also directs EPA, in its
environmental reviews under section 309 of the Clean Air Act (CAA), to ensure that agencies fully
consider environmental effects on minority communities and low-income communities, including
those on Tribal communities.
EPA has cited these presidential directives in its reviews of environmental effects of proposed
actions of other federal agencies under National Environmental Policy Act (NEPA) and section 309
of the CAA.
Executive Order on Sacred Sites
Executive Order 13007 was issued in May 1996 to encourage land management agencies to (1)
accommodate access to and ceremonial use of Indian sacred sites by Indian religious practitioners
and (2) avoid adversely affecting the physical integrity of such sacred sites. The Order applies to
federally-owned lands, except "Indian Trust lands." This Order reflects the federal government's
continuing commitment to the religious freedom of all Americans. The Order complements the
procedures required by the American Indian Religious Freedom Act, the Native American Graves
Protection and Repatriation Act, the Archaeological Resources Protection Act, the National Historic
Preservation Act and the Presidential Directive of 1994, requiring Executive Branch departments
and agencies to accommodate, as appropriate, the need for eagle feathers in the practice of American
Indian religion.
Federal, Tribal, and State Roles in the Protection and Regulation of Reservation Environments
(Concept Paper)
Administrator William Reilly endorsed this concept paper in a July 1991 memorandum to EPA
managers. This paper was designed to formalize EPA's role in strengthening Tribal governments'
management of environmental programs. At that time, like today, the Agency was under pressure
from some states to approve state programs on portions of Indian reservations. The paper
expresses the objective of providing for coherent and consistent environmental regulation in
reservations by avoiding checkerboarding of regulatory programs on Indian reservations. The paper
also recognizes that differences between the interests of Tribal and state governments can be
sensitive and sometimes extend well beyond the specific issues of environmental protection. Thus,
the paper also directs EPA staff to promote cooperative approaches to environmental problems that
involve both Tribes and states. The principles behind the approaches are administrative clarity in
the operation of regulatory programs, effective and efficient environmental management, and the
support of Tribal self-determination.
Tribal Operations Action Memorandum
AIEO is only one component of the Agency's effort to strengthen the public health and
environmental protection in Indian country and to improve EPA's government-to-government
partnership with Tribes. In July 1994, Administrator Browner issued a memorandum outlining steps
for prompt implementation throughout the Agency. The action items are as follows:
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establish Tribal-EPA Environmental Agreements (TEAs);
establish program and regional work plans based on TEAs;
implement management and compliance activities;
review program and regional Indian program organization and—where necessary—
modify the organization to strengthen Tribal operations;
ensure that an effective EPA-Tribal liaison capacity exists to provide direct field
assistance to Tribes;
provide training to EPA management and staff on how to work effectively with
Tribal governments;
enhance communications with Tribes;
use available discretion to consolidate issuance and administrative requirements of
grants; and
invest resources into Tribal operations.
EPA Environmental Justice Strategy
EPA issued this strategy in April 1995 in response to Executive Order 12898 on environmental
justice. Among other actions, the strategy specifically addresses environmental protection of
American Indians, Alaska Natives, and other Indigenous populations. Many of the initiatives
outlined in the strategy are steps towards achieving more public participation and environmental
protection for American Indians and other indigenous communities. The strategy calls on the
Agency to continue to work to protect and improve Tribal health and environmental conditions by
"providing outreach, education, training, and technical, financial, and legal assistance to develop,
implement, and maintain comprehensive Tribal environmental programs." The strategy also states
that when the Agency is conducting "human health and environmental research and other activities
involving Tribal and Indigenous environments and activities [the Agency is to] take into account
cultural use of natural resources."
EPA Regional Policies for Environmental Protection in Indian Country
EPA Region 8 issued a policy in March 1996 to provide detailed guidance and information to the
region's managers and staff on how to implement EPA's Indian policy. This guidance is intended to
respond to and clarify questions that are most frequently raised by both internal and external Region
8 customers and constituents, relating to 1) regional protocol in working with federally-recognized
Tribes; 2) regional support of federally-recognized Tribal governments in building capacity to
manage environmental programs; and 3) regional positions on environmental program
responsibilities and jurisdiction. Several other regions have developed or are developing their own
written policies. EPA Region 10's "Strategic Plan for Tribal Programs" is located in the Appendix.
Memorandum of Understanding Between the Bureau of Indian Affairs, the Environmental
Protection Agency, the Department of Housing and Urban Development, and the Indian Health
Service
The Bureau of Indian Affairs, the Environmental Protection Agency, the Department of Housing
and Urban Development, and the Indian Health Service entered into a Memorandum of
Understanding (MOU) in June 1991. The MOU recognizes that each of the agencies has
responsibilities and interests pertaining to the protection of human health and the environment as it
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relates to pollution control on Indian lands. The purpose of the MOU is to identify areas of mutual
interest and responsibility of the four agencies and to encourage the coordination of the agencies'
activities to promote the most efficient and integrated use of resources.
Enforcement
The EPA has a long-standing Indian policy that its relationship with Tribal governments shall be
government-to-government. When implementing the enforcement and compliance assurance
program, the Regions should make every effort to notify the Tribal government before visits to
Indian country. In addition, the enforcement personnel should inform the Tribal government of the
results of the visit or any planned enforcement actions. If advance notice is not given
(circumstances beyond the control of EPA staffer an unannounced inspection), the Tribal
government should be contacted as soon as possible. Within the Regional office, the enforcement
personnel should inform the assigned Regional Tribal Coordinator of planned activities and any
planned enforcement actions.
EPA should make every effort to pursue enforcement and compliance activities in a timely and
effective manner that is consistent with EPA's Indian policies, Regional agreements with Indian
Tribes, and EPA's enforcement policy.
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ORGANIZATION OF EPA'S INDIAN PROGRAM
The American Indian Environmental Office
The American Indian Environmental Office, working with its regional components, is responsible
for coordinating the Agency-wide effort to strengthen public health and environmental protection in
Indian country. AIEO oversees development and implementation of the Agency's Indian policy .
The office strives to ensure that all EPA Headquarters and regional offices implement their parts of
the Agency's Indian Program in a manner consistent with EPA's trust responsibility regarding
protection of Tribal health and environment, administration policy to work with Tribes on a
government-to-government basis, and support of Tribal self-governance. AIEO's responsibilities
also include:
• providing oversight of multimedia program development grants to Tribes under the
Indian Environmental General Assistance Program Act;
• negotiating Tribal-EPA Environmental Agreements that identify Tribal priorities for
building environmental programs and also for direct, EPA program implementation
assistance;
• developing tools to help Tribal environmental managers make decisions on
environmental priorities;
• developing training curricula for EPA staff on how to work effectively with Tribes;
and
• working to improve communication between the Agency and its Tribal governments
in a number of ways, including assistance to Agency Offices as they consult more
closely with Tribes on actions that affect Tribes and their environments, and support
for regular meetings of EPA's Tribal Operations Committee.
EPA's Indian Program is implemented primarily by EPA Regions and Headquarter's program
offices. However, AIEO is often called upon to help guide this process.
Regional Programs and Operations
Federally-recognized Tribes reside in nine of the Agency's ten regions (Region 3 is the exception).
Each of these nine regions has appointed a Regional Indian Coordinator, and some of the regions
have established an Indian program office. Most of the regions have a Regional Indian Work Group
that acts as a regional counterpart to the National Indian Work Group. Some regions have field
staff to work directly with the Tribes in their development and implementation of environmental
programs. These field staff are sometimes referred to as Indian Environmental Liaisons or Circuit
Riders, depending on the region. Most of the regions have also established a regional counterpart to
the Tribal Operations Committee. Some regions have a formal Regional Tribal Operations
Committee (RTOC) comprised of Tribes residing within that region, while others have instituted
regular meetings between Tribal leaders and the region's senior management. Some regions have
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both an RTOC and regular all-Tribes meetings.
Map of EPA Regions
Each EPA Regional Office is responsible within selected states for the execution of the Agency's
programs,
regional needs
implementation
environmental
considering
and the
of federal
laws.
9" Guam
* American Samoa
1* Trust Territories
•c Puerto Rico
•» Virgin Islands
•» Commonwealth of the Northern Mariana Islands
Region 1 - responsible within the states of Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont.
Region 2 - responsible within the states of New Jersey, New York, Puerto Rico and the U.S.
Virgin Islands.
Region 3 - responsible within the states of Delaware, Maryland, Pennsylvania, Virginia, West
Virginia, and the District of Columbia.
Region 4 - responsible within the states of Alabama, Florida, Georgia, Kentucky, Mississippi,
North Carolina, South Carolina, and Tennessee.
Region / - responsible within the states of Illinois, Indiana, Michigan, Minnesota, Ohio, and
Wisconsin.
Region 6 - responsible within the states of Arkansas, Louisiana, New Mexico, Oklahoma,
and Texas.
Region 7 - responsible within the states of Iowa, Kansas, Missouri, and Nebraska.
Region 8 - responsible within the states of Colorado, Montana, North Dakota, South
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Dakota, Utah, and Wyoming.
Region 9 - responsible within the states of Arizona, California, Hawaii, Nevada, and the
territories of Guam and American Samoa.
Region 10 - responsible within the states of Alaska, Idaho, Oregon, and Washington.
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THE NATIONAL TRIBAL OPERATIONS COMMITTEE
An Overview
The growth of the EPA's Indian Program was strengthened by President Clinton's April 29, 1994
memorandum on Native American relations. In order to truly confront environmental threats and
human health problems facing Tribes, the Clinton administration recognized the necessity of
improving open communications and obtaining input on environmental matters from Tribes. EPA
responded by establishing a National Tribal Operations Committee, comprised of Tribal
representatives and senior EPA officials. The Committee interacts with the Agency on a regular
basis.
The Tribal Operations Committee (TOC) is comprised of 19 Tribal leaders 19 Tribal
representatives, who are either Tribal leaders or Tribal environmental officials selected by Tribal
leaders within EPA's Regions (referred to as the "Tribal Caucus"), and EPA's Senior
Leadership Team, including the Administrator, the Deputy Administrator and the Agency's
Assistant Administrators and Regional Administrators.
The Tribal Caucus (TC) meets on a regular basis to discuss implementation of the environmental
protection programs for which EPA and the Tribes share responsibility as co-regulators. All Tribes
are encouraged to communicate with members of the TC. Although the TOC is an important and
effective vehicle for enhancing communications between EPA and the Tribes, it is not a substitute
for Agency consultation with individual Tribes in accordance with the Administration policy of
working with Indian Tribes on a government-to-government basis.
The TOC serves as a critical resource to the Agency. It has provided important information and
suggestions on how to enhance Tribal operations in several ways, including the following:
(1) Assisting EPA in meeting its trust responsibility to Tribes. This involves the
commitment to assure that Tribal interests are considered in any activities, actions or
decisions that affect the health or welfare of Tribal members and their territories.
(2) Providing support for the Tribal programs in the region. This necessitates
cooperation and open communication among agencies, committees, and Tribal
representatives alike.
(3) Strengthening Tribal environmental and public health programs. The TOC assists in
facilitating the process of developing proficient programs that enhance Tribal
management of their members and resources.
(4) Enhancing Regional responsiveness to Tribal needs. The Committee's goal is to
assure that Tribes have a voice in determining environmental priorities specific to
each Tribe's individual needs.
EPA will continue to consult with the Committee regarding current and future decisions affecting
Tribes. Tribes across the country are encouraged to communicate with TOC representatives
regarding their concerns and ideas for better protecting the environment
For the most up to date EPA Tribal Operations Committee membership contact list please see the
following website: http://www.epa.gov/indian/tcont.htm
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THE REGIONAL TRIBAL OPERATIONS COMMITTEE
An Overview
In 1996, the Region 10 Tribal Policy Director established a Regional Tribal Operations Committee
(ROTC). The primary function of the RTOC is to work in partnership with EPA to further Tribal
environmental objectives at the regional level as well as to provide assistance to the NTOC
representatives to advocate for regional concerns at the national level.
The mission of the RTOC is to protect and improve Tribal health and environmental conditions in
Indian Country consistent with the United States Environmental Protection Agency Indian Lands
Policy, EPA's trust responsibility, environmental laws, policies and guidance.
Per the RTOC Charter, the relationship between the RTOC and EPA Region 10 will not substitute
for the government-to-government relationship between EPA and individual Tribal governments.
Membership of the RTOC
Tribal RTOC membership is limited to Tribal Officials or their designated/authorized employees.
The RTOC is comprised of 6 primary members and their alternates. There are three primary
representatives in Alaska, one primary representative in Idaho, one primary representative in Oregon
and one representative in Washington. EPA membership is the Regional Administrator (or
designee). EPA member serves as the co-chair to the RTOC.
Purpose of the RTOC
EPA Region 10 has established the Regional Tribal Operations Committee to (1) assist EPA in
meeting its trust responsibility to Tribes, (2) provide support for the Tribal program in Region 10,
(3) strengthen Tribal environmental and public health programs, (4) enhance Regional
responsiveness to Tribal needs and (5) assist with the communication and information exchange
between the Tribes, the NTOC and EPA.
Meetings
The RTOC meets face-to-face on a quarterly basis, at a minimum. Additional meetings are
scheduled if necessary, contingent upon available funds. EPA pays travel expenses for elected Tribal
representatives serving on the RTOC and NTOC through a grant to one of the Tribes that have a
representative on the committee. In addition, the RTOC/NTOC participate in monthly conference
calls that are scheduled for the third Tuesday of each month to conduct Tribal Caucus business.
Election of Tribal Representatives
Tribal representatives become members through a formal election process. EPA Region 10 requests
that Tribal governments nominate elected members of Tribal government and/or designated Tribal
staff.
In order to improve EPA service to Tribes, each Tribal representative to the RTOC should be
committed to representing the best interests of all Tribes located in the state in which he or she is
located. They will also be expected to assist those Tribes in communicating information to EPA and
assist EPA in providing information from EPA to the Tribes. RTOC members will serve staggered
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four-year terms that can be renewed.
For the most up to date version of the RTOC contact list please see the following website:
http:/7www.epa.gov/rlDearth click on Tribes and then scroll down to the RTOC.
Agency Senior Indian Program Managers
This group is chaired by the Assistant Administrator for Water (as the Assistant Administrator for
the National Indian Program) and includes a senior manager designated by each Assistant
Administrator and Regional Administrator and the Director of the American Indian Environmental
Office. This group meets once a month via teleconference to discuss pressing or nationally-
significant issues, policy, and program direction, and to exchange information between Headquarters
and regions. The group was established to help the Agency meet the Administrator's high
expectations for progress on strengthening the Agency's Indian Program and to help identify any
program weaknesses.
National Indian Work Group
The role of the National Indian Work Group (NIWG) was initially defined in the 1984 Indian Policy
Implementation Guidance. The NIWG is chaired by the Director of the American Indian
Environmental Office and is composed of representatives from regional and program offices,
generally the Indian Coordinator. NIWG was established to facilitate and coordinate efforts to
identify and resolve policy and programmatic barriers to working directly with Indian Tribes;
implement comprehensive Tribal environmental programs; identify priority Tribal projects; and
perform other services in support of the Agency managers in implementing the Indian policy.
NIWG holds regular biweekly conference calls and usually meets at least once each year.
National Indian Law Work Group
The National Indian Law Work Group (NILWG) is the counterpart to the National Indian Work
Group. It addresses legal issues that arise in the course of developing and implementing the
Agency's Indian Program. The NILWG is composed of lawyers from EPA's regional counsel and
program offices, the Office of General Counsel, the Office of Enforcement and Compliance
Assurance, and from the Department of Justice who work on federal Indian law issues. The group
also includes policy staff from AIEO and other EPA offices. NILWG meets once a month via
teleconference to discuss pressing or nationally-significant Indian law issues related to environmental
protection and to exchange information on common issues and problems. Also, NILWG usually
meets face-to-face once each year.
American Indian Advisory Council
The American Indian Advisory Council (AIAC) is a Special Emphasis Program Council organized
under the Office of Civil Rights. The central purpose of AIAC is to serve as an advisory group to
the Administrator of EPA to recommend actions that address concerns of American Indians in the
EPA workforce, and of the Indian Tribes. Membership is open to all employees of EPA.
National Environmental Justice Advisory Council Indigenous Peoples Subcommittee
The National Environmental Justice Advisory Council (NEJAC) was charted as a Federal Advisory
Committee in 1993. The Council has 25 representatives from key environmental justice
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constituencies, including community-based groups, business and industry, academic and educational
institutions, Tribal governments, state and local governments, and nongovernmental organizations.
The Council has six subcommittees, one of which is the Indigenous Peoples Subcommittee. This
Subcommittee has eight members with a diversity of backgrounds, such as Tribal government,
indigenous grassroots groups and environmental organizations, Tribal business and industry,
academia, and state government. This Subcommittee is primarily focused on reviewing Agency
actions to address environmental justice and developing recommendations for bringing about
environmental justice in Indian country.
Other EPA Advisory Councils With Tribal Representation
EPA has numerous federal advisory councils that have been chartered to address various
environmental issues, from the Grand Canyon Visibility Transport Commission to the Common
Sense Initiative. Many of these advisory councils have now appointed at least one Tribal
representative, but some groups still lack Tribal representation. These stakeholder forums offer an
additional mechanism for obtaining general Tribal input on a variety of EPA issues.
TRIBAL OPERATIONS IN OTHER SELECTED FEDERAL DEPARTMENTS AND
AGENCIES
White House Domestic Policy Council
The Domestic Policy Council has established a Working Group on American Indians and Alaska
Natives to coordinate efforts across the federal Executive Branch to address key issues affecting
Indian country. The Working Group is chaired by the Secretary of the Interior and is composed of
Secretary and Assistant Secretary-level representatives from each of the federal
departments/agencies with responsibility for American Indian and Alaska Native issues. The
Working Group has five subgroups, including one on the Environment and Natural Resources,
which is co-chaired by the Director of the EPA American Indian Environmental Office and the
Assistant Secretary for the Bureau of Indian Affairs.
White House Council on Environmental Quality
The Council on Environmental Quality (CEQ) is primarily responsible for overseeing the
implementation of the National Environmental Policy Act (NEPA) and coordinating environmental
issues across the federal Executive Branch. Thus, CEQ plays an important role in the protection of
Tribal environments, since the responsibility for this protection is shared by many federal
departments and agencies. Also, issues regarding the implementation of NEPA have played a
prominent role in the management of Tribal environments. In recent years, CEQ has been working
with EPA to strengthen the Tribal role under NEPA and to ensure consultation with affected Tribes
when a federal department of agency is developing NEPA documents.
Department of the Interior
The Department of the Interior (DOI) has multiple Offices and Bureaus that have significant
responsibilities relating to Indian Tribes. Primarily, the Bureau of Indian Affairs has the lead for the
Federal executive on general Indian issues. In addition, the Office of American Indian Trust has the
primary responsibility for overseeing the Federal Government's trust obligations, and the Assistant
Solicitor for Indian Affairs has the primary role of furthering Indian legal issues and protecting
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Indian rights. Also, many of the land use and natural resource bureaus and offices at DOT have
responsibilities for issues that affect Tribal environments, such as the Bureau of Land Management,
the Office of Surface Mining, the Fish and Wildlife Service, and the National Park Service.
Department of Justice
The Department of Justice (DOJ) plays a unique role in the protection of Tribal environments and
natural resources. Generally, DOJ will be requested by an agency referral to file a law suit on behalf
of another Federal agency, such as EPA or DOT, or to defend such agencies against a suit. In the
context of Tribal environments, EPA and/or DOT have the option to request that DOJ take an
enforcement action, when such an action is warranted by law, against a pollution source causing
harm to Tribal environmental resources. Given that most Tribal environmental programs are in the
early stages of development, this alternative method, as opposed to Tribal enforcement, offers a
potentially powerful tool for ensuring the protection of Tribal environments. In order to handle
litigation related to Indian Tribes, DOJ established an Indian Resources Section within the
Environment and Natural Resources Division. The Environmental Defense, Environmental
Enforcement, and General Litigation Sections also play key roles in the Environmental and Natural
Resources Division with regard to environmental litigation involving Tribes. Also, DOJ recently
established the Office of Tribal Justice to coordinate policy initiatives relating to Tribes and to better
promote issues of Federal Indian law.
In June 1995, the Attorney General issued the DOJ policy on Indian sovereignty and government-
to-government relations with Indian Tribes. The purpose of this policy is:
To reaffirm the Department's recognition of the sovereign status of federally
recognized Indian Tribes as domestic dependent nations and to reaffirm
adherence to the principles of government-to-government relations; to
inform Department personnel, other Federal agencies, federally recognized
Indian Tribes, and the public of the Department's working relationship with
federally recognized Indian Tribes; and to guide the Department in its work
in the field of Indian affairs.
Department of Health and Human Services
The Department of Health and Human Services (HHS) has two Offices that specifically handle
Indian issues. The Indian Health Service (IHS) is a public health service designed exclusively to
address Indian health issues. As part of many Indian treaties, the federal government guaranteed
health care to Indian people in exchange for peace, friendship, and land. IHS has the primary
responsibility of carrying out these treaty obligations. Among other services provided, IHS operates
numerous hospitals throughout Indian country. The Administration for Native Americans (ANA) is
a general Indian service organization that primarily manages various Tribal grant programs. Most
important to EPA is the ANA grant program for improving the capability of Indian Tribal
governments to regulate environmental quality. This program is similar to the Agency's General
Assistance Program in that it is meant to help Tribes develop their overall capacity to implement
environmental programs. IHS plays an important role on sanitation issues, especially drinking water
and sewer issues, and solid waste disposal. IHS has special authority to compact with Tribes under
the Indian Self-Determination and Education Assistance Act (ISDEA) for waste water and drinking
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water facilities. IHS is often linked to funding provided by EPA under the Clean Water Act's Indian
Set-Aside program. With landfills, IHS has traditionally been involved with designing and setting up
landfills on reservations, and has inventoried landfill problems pursuant to the Indian Lands Open
Cleanup Act of 1993.6
Department of Defense
The Department of Defense (DOD), like DOI, has many activities related to its mission that affect
Indian lands. Many DOD facilities, such as military bases, bombing ranges, overflight areas, and
laboratories are located on or adjacent to Indian lands. In order to begin addressing some of the
environmental harm that has resulted from these facilities, DOD now manages a Tribal grant
program for the mitigation of environmental impacts to Indian lands due to Department of Defense
activities. In addition, Tribes are also impacted by actions taken by the Army Corps of Engineers
(ACE). Tribes have been impacted by ACE projects such as the construction of dams that result in
the flooding of reservations and ceded territory and the issuance of dredge and fill permits for
wetlands within the Tribes' watersheds.
Department of Agriculture
The United States Department of Agriculture (USDA) has taken some important strides in working
with the Indian Nations. In recent years, the USDA has dramatically increased outreach and
program delivery to Indian country residents. For instance, within the Rural Development Mission
Area (formerly known as "Farmers Home Administration"), home ownership programs have been
modified to better meet the needs of Native Americans living on trust lands. Increased emphasis
has been placed on loan assistance and leveraging funds, Tribal government consultation regarding
housing development issues, and the introduction of culturally-appropriate housing design.
Additionally, increased emphasis has been placed on economic development activities and programs
in Indian country. Finally, the USDA continues to work with other federal agencies in cooperative
efforts designed to meet the needs of Tribal governments (examples of this can be seen in inter-
agency agreements, etc.).
6 25 U.S.C. §3901-3908.
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Office of Air Quality
MISSION: Protecting Our Air
Clean air is critical for a safe, clean environment; having air free of contaminants keeps us healthy
and improves our overall quality of life. EPA Region 10 is working with Tribes, states, and local
governments to keep the air in the Pacific Northwest and Alaska clean and safe.
Although the 1990 Clean Air Act ("CAA" or "the Act") is a federal law covering the entire country,
the states do much of the work to carry out the Act. The 1990 CAA Amendments included several
provisions authorizing tribal governments to develop Federally enforceable programs to manage air
quality in Indian country. Until Tribes have the technical capacity and can choose whether to
develop independent air quality management programs, EPA has the responsibility to implement the
CAA throughout Indian country.
BACKGROUND:
Why Should You Be Concerned About Air Pollution?
Air pollution can make you sick. It can cause burning eyes and nose and irritate throats and lungs,
causing trouble in breathing. Some chemicals found in polluted air cause cancer, birth defects,
brain and nerve damage and long-term injury to the lungs and breathing passages. Some air
pollutants are so dangerous that accidental releases can cause serious injury or even death.
Air pollution can damage the environment. Trees, lakes, and animals have been harmed by air
pollution. Air pollutants have thinned the protective ozone layer above the Earth; this loss of ozone
could cause changes in the environment as well as more skin cancer and cataracts (eye damage) in
people.
Air pollution can damage property. It can dirty buildings and other structures. Some common
pollutants eat away stone, damaging buildings, monuments, and statues. Air pollution can cause
haze, reducing visibility in national parks, and sometime interfering with aviation.
What are We Breathing?
Outdoor air, also called "ambient air," is a vast blanket of gases surrounding the earth. The air we
breathe at ground level is a mixture of invisible and odorless gases, mostly nitrogen and oxygen,
with smaller amounts of water vapor, argon, carbon dioxide, neon, helium and hydrogen. Indoor air
is also a serious health concern for many people, including tribal communities, but is not regulated
under the Clean Air Act. EPA does, however, support work to assist in assessing the existence of
indoor air quality problems.
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What is Air Pollution?
We say the air is "polluted" when it contains enough unhealthy particles and gases to harm people,
animals, plants, and even objects such as buildings and statues. Air pollution can be present as a
solid, liquid or gas. When we see smoke, we are really seeing tiny solid particles suspended in the air.
Acid rain is an example of gases and liquids mixing with otherwise clean air. Polluted air contains
harmful gases and particles, usually as a result of combustion or burning from both natural and man-
made sources. The air we breathe depends on natural cleaning forces— such as wind and rain— to
help remove, dilute and disperse the dirt and pollution in the air.
Where does Air Pollution Come from?
Natural vs. Man-made
Natural air pollutants have always been part of the earth's history. Particles of soot and various gases
from volcanoes, forest fires, and decaying organic materials in oceans and swamps enter the
atmosphere at irregular intervals, sometimes at levels that have dramatic effects on our climate.
Windstorms can fill the air with dust which affects the air hundreds of miles away. The explosion of
ash and soot from Mt. St. Helens in May of 1980, for example, affected the air quality throughout
the Pacific Northwest and the rest of the country for months after the initial eruption.
Since little can be done by humans about natural pollution, our main concern has to be with the
additional pollution that comes from human activities. Most of the gaseous components of air are
part of the natural cycle, and ecosystems have natural ways of keeping the many parts of the system
in balance. The problem comes when the activities of people introduce large quantities of additional
compounds to the air, which can unbalance and disrupt the normal biochemical cycle.
Naturally produced pollutants are not necessarily as serious a problem as man-made pollution
because they are not concentrated over large cities and many are less harmful than man-made
pollutants.
Air Pollution Sources
Humans burn a variety of materials for fuel and for other purposes. The act of burning releases
harmful gases that can pollute the air. In general, the quality of the air depends upon how much and
how efficiently the fuel is burned. Such choices affect our lives in many ways; how we choose to
move around to get from place to place (transportation choices), how we heat our homes, what we
do with garbage and yard waste and how society creates the many products we all use everyday, all
contribute to air pollution in some fashion. Air pollution is often the result of incomplete
combustion from burning coal, wood, oil and gasoline. Pollutants are also released from materials
that "evaporate."
Any place or object from which pollutants are released is a source of air pollution. There are many
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different air pollution sources. A source can be a power plant, factory, gas station or farm; cars,
trucks and other motor vehicles are sources, as are woodstoves, unpaved roads, and some consumer
products.
Mobile sources: Mobile sources are those that move around, such as cars, trucks, buses or
motorcycles, and are generally transportation-related.
Stationary sources: A source that stays in one place is considered a "stationary" or point source.
Large stationary sources are usually industrial operations that emit large quantities of air pollutants,
such as chemical plants, oil refineries and pulp & paper mills.
A "major source" is a Clean Air Act term that refers to a stationary source that produces in excess of
a specified amount of pollution per year. In general, a source is considered to be "major" if it emits
(or has the potential to emit) more than 100 tons per year of one criteria pollutant, more than 10
tons per year of any single toxic air pollutant, or more than 25 tons per year of any combination of
toxic air pollutants. Stationary sources below this limit are referred to as "minor sources."
Area sources: Sometimes called "non-point sources," area sources individually may not release
much pollution; however, numerous area sources together can contribute quite a bit of pollution.
Examples of area sources of pollution are wood stoves, unpaved roads, dry cleaners, gas stations,
and small manufacturing companies.
What are the main air pollutants?
Certain air pollutants are so pervasive that they tend to show up wherever air quality is poor. EPA
uses six criteria pollutants as indicators of air quality: ozone, carbon monoxide, nitrogen dioxide,
sulfur dioxide, particulate matter and lead. For each of these, EPA has established "primary"
standards to protect public health, and "secondary" standards to protect other aspects of public
welfare, such as preventing materials damage, preventing crop and vegetation damage, or assuring
visibility. These standards are called the National Ambient Air Quality Standards (NAAQS). Areas
of the country where air pollution levels persistently exceed these standards may be designated as
"nonattainment areas."
The criteria air pollutants to which the NAAQS apply are:
Carbon monoxide (CO): A colorless gas formed when substances burn, particularly fuels like
gasoline, oil, wood, etc. Breathing too much carbon monoxide interferes with how the body absorbs
oxygen, and therefore especially affects people with respiratory and/or heart disease.
Ozone (O3): A gas which is formed by a chemical reaction of nitrogen oxides and volatile organic
compounds together with sunlight and warm temperatures. At ground-level, ozone is often referred
to as "smog". Breathing too much ozone can damage lung tissue, and aggravates respiratory
problems like asthma and emphysema. High ozone levels are also harmful to plants, crops and trees,
as well as a variety of materials like rubber and paints.
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While ground-level ozone is harmful, ozone in the upper atmosphere is beneficial. In the upper
atmosphere (approximately 10 miles above the Earth), ozone forms a protective layer around the
planet which shields the Earth's surface from the sun's intense ultra-violet radiation; exposure to
high levels of UV radiation due to "holes" in the ozone affects creatures like frogs and salamanders,
and increases the risk of skin cancer in humans.
Nitrogen dioxide (NO2): A gas produced from burning fossil fuels like oil and gas; NO2 is a major
component of acid rain and ground-level ozone. Breathing too much NO2 is harmful to the lungs
and aggravates asthmatic symptoms.
Sulfur Dioxide (SO2): A colorless gas formed during the combustion of fuels containing sulfur, such
as coal. Breathing SO2 irritates the respiratory system and aggravates asthma symptoms.
Particulate matter (PM): Very small airborne particles, less than 10 microns in diameter. Major
sources of particulate matter are burning fuels, such as wood in woodstoves and fireplaces, or diesel
in motor vehicles; crushing or grinding, such as dust from unpaved roads and construction sites; and
from industrial processes. Breathing high levels of particulate matter is harmful to lung tissue and
aggravates asthma symptoms. Too much particulate in the air also affects visibility, obscuring how
far in the distance one can see.
Lead (Pb): Lead is a heavy metal that is hazardous to human health. Lead occurs in the atmosphere
as small particles, typically from emissions from lead smelters and other metal processing plants. In
the past, lead was added to some gasoline to improve engine performance, and was released from a
car's tailpipe. Levels of lead in the air across the country have decreased by -90% since the Clean
Air Act eliminated the production of leaded gasoline. Breathing high levels of lead can cause brain
and other nervous system damage. Children are at particular risk from lead. Some lead-containing
chemicals can cause cancer in animals and digestive and other health problems.
Other air pollutants of concern:
Volatile Organic Compounds (VOC): A large group of different compounds which each contain
carbon and hydrogen (also known as "hydrocarbons"). VOCs are found in gasoline, solvents, oil
based paints and inks, and in many consumer products such as aerosol spray products— materials
which "evaporate". VOCs react with nitrogen oxides, sunlight and heat to form ozone. Many VOCs
are considered to be toxic or hazardous air pollutants, referred to as HAPs in EPA's regulations.
Toxic Air Pollutants, also referred to "hazardous air pollutants" ["HAPS"] or "air toxics", are a
group of pollutants that are known or suspected to cause cancer or other serious health effects such
as reproductive effects, birth defects, or to cause adverse environmental effects. There are literally
thousands of sources of toxic pollutants. Because of the substantial risks to human health, these
compounds are regulated separately from the criteria air pollutants. The degree to which a toxic air
pollutant affects a person's health depends on many factors, including the quantity, duration, and
frequency of exposures, the toxicity of the chemical, and personal susceptibility.
We are exposed to literally thousands of toxic air pollutants everyday. Some of these pollutants are
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present in the form of gasoline, cleaning solvents, and paint strippers. Large and small
manufacturing facilities, as well as people's daily automobile driving, all contribute to air toxic
pollution. In the United States, 42 % of air toxic emissions come from mobile sources like cars,
trucks, buses or farm equipment. Area sources or smaller sources such as dry cleaners, gas stations,
and small manufacturing companies produce 34% of the air toxics nationwide. And 24% of the air
toxics come from large stationary sources, known as point sources, such as chemical plants, oil
refineries and pulp and paper mills.
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THE ROLE OF THE FEDERAL GOVERNMENT, STATES, AND TRIBES:
State and Local Agencies:
The Clean Air Act identifies states as having the primary responsibility for preventing and
controlling air pollution. State air quality programs include control programs and regulations,
permit programs for businesses and industries, and enforcement programs to assure compliance.
Some state programs are approved or delegated by EPA. Federal approval provides consistency
among different state programs and ensures that a state program complies with the requirements of
the Clean Air Act and EPA rules. State programs approved by EPA do not extend into Indian
country unless explicitly stated by EPA in its approval.
Federally Recognized Indian Tribes:
Indian Tribes have been expressly recognized to have authority under the Clean Air Act to manage
air quality on their reservations or other areas under the tribal government's jurisdiction if the Tribe
qualifies for "treatment in the same manner as a state" (TAS). Although not required to do so, a
Tribe may both apply for TAS and develop its own air quality control plan, called a Tribal
Implementation Plan (TIP), for approval by EPA. A TIP enacted by a tribal government and
approved by the EPA is legally binding under both tribal and federal law and may be enforced by
the Tribe, EPA, and the public.
Besides TIPs, there are other Clean Air Act programs for which Tribes may receive approval or
delegation, such as Title V permit program, New Source Performance Standards, and National
Emission Standards for Hazardous Air Pollutants. Where Clean Air Act programs are not approved
or delegated to Tribes, it is EPA's responsibility to implement the Clean Air Act in Indian country.
EPA recognizes the primary role for Tribes in protecting air resources in Indian country, and is
working with Tribes to protect the air in the absence of approved or delegated tribal programs.
The Tribal Authority Rule:
The 1990 CAA amendments mandated that EPA issue regulations to implement tribal authority
under the Clean Air Act in Indian Country . This regulation, known as the Tribal Authority Rule,
was issued in 1998 and establishes how tribal governments can apply to EPA for approval under the
Clean Air Act to administer air quality management programs on their reservations and in non-
reservation areas within their jurisdiction in a manner similar to States. The rule establishes a
flexible approach to air quality management, the "modular" approach, allowing tribal governments
to implement those provisions of the Clean Air Act that will address most effectively the air quality
concerns of their individual reservations.
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The CAA does not require Tribes to implement air programs and affirms that where Tribes opt not
to carry out their own program to protect air quality, EPA will develop federal program to ensure
adequate protection of air quality in Indian Country. It is hoped, however, that the "modular"
approach will enable Tribes to begin in incremental ways to take charge of their air quality and work
in partnership with EPA to protect the environment. Tribes are treated in the same manner as states
for all provisions of the CAA, except for those listed in section 49.4 of the rule.
Important Elements of the Tribal Authority Rule:
»• Jurisdiction: Tribes may seek EPA approval for CAA authority over all air resources within
the exterior boundaries of the reservation, including those on non-Indian owned fee lands,
and over any other land where the Tribe can demonstrate jurisdiction.
* Flexibility: Tribes are not required to implement all provisions of the CAA in order to be
eligible. They may choose to develop those programs that most directly address their
problems and concerns.
> Capacity Building: EPA will provide financial and technical assistance to Tribes interested in
implementing CAA programs.
»• Federal Implementation: The federal role remains central in the development of CAA
programs in Indian Country. EPA has affirmed its trust responsibility to protect the
environment in Indian country and explicitly committed to "promulgate without
unreasonable delay such federal implementation plan provisions as are necessary or
appropriate to protect air quality."
The Tribal Authority Rule lays out the requirements to apply for eligibility under the CAA to
manage a Federally-enforceable air quality program. Those criteria for eligibility include
demonstrating that the Tribe: (1) is federally recognized; (2) has a governing body carrying out
substantial governmental duties and powers; and (3) is capable of implementing the program
consistent with the CAA and applicable regulations. The Tribe must also identify the exterior
boundaries of the reservation and, for non-reservation areas, must demonstrate the basis for
jurisdiction.
Ref: http://www.epa.gov/fedrgstr/EPA-AIR/1998/February/Day-12/a3451.htm
Federal Air Rules for Reservations
On March 15, 2002, EPA proposed rules to create federally-enforceable air quality regulations on
the 39 Indian reservations in Idaho, Oregon, and Washington. These rules, known as the Federal
Air Rules for Reservations (FARR), would ensure that residents within the boundaries of the
reservations enjoy air quality protection similar to that existing outside the reservations. For a fact
sheet and other information about these rules see EPA's web site
[http://www.epa.gov/rlOearth/tribalairrules.htm].
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GRANTS FOR AIR QUALITY ACTIVITIES:
Grant funding is available to support activities by Tribes to assess and manage air quality on
reservations. Such funding is generally limited with awards based on the applicant's demonstrated
air quality needs and capacity to manage the grant. Federally-recognized Tribes are eligible to seek
EPA funding to conduct air quality activities and develop tribal air programs under at least three
separate authorities:
»• Indian Environmental General Assistance Program (42 USC §4368b)
» Clean Air Act Project funding (CAA §103(b))
» Clean Air Act Program funding (CAA § 105)
Each of these provisions offers opportunities and limitations that might affect a Tribe's decision on
the appropriate authority to use to obtain support for its program. (In addition to the statutory
limitations, tribal grants are subject to cost allowability limitations set forth in OMB Circular A-87).
There are other EPA grant programs, such as Environmental Justice (EJ), Environmental Education
(EE), and Pollution Prevention Incentive to States and Tribes (PPIS) that may also be available to
support of some air-related activities.
Air Quality Activities Allowed under General Assistance Program Grants:
EPA's Indian General Assistance Grant Program (GAP) provides resources to eligible Tribes to
plan, develop, and establish an environmental protection program. This includes building the
administrative, technical, legal, enforcement, communications, and environmental education and
outreach infrastructure.
Planning and development of an environmental protection program may include conducting a
baseline assessment of environmental degradation for specific media (e.g., air, water). For instance,
in developing an air pollution control program, a Tribe could use GAP funds for a baseline
assessment of air quality. A Tribe could also use GAP funds for other activities in support of
building its air quality program such as completing an air pollution emissions inventory or setting up
an ambient air quality monitoring network, if needed to characterize the air quality of a reservation,
as part of building the capacity to operate and manage an environmental program.
This funding might be of particular interest to Tribes concerned about committing to an air
pollution program infrastructure before they have a complete understanding of the air quality
conditions within Indian country. Including a baseline multi-media assessment of Indian country in
a GAP grant provides an avenue for a Tribe to collect the data needed to make media-specific
decisions about media program implementation without taking on the burden of managing a
number of media program grants.
For example, a Tribe may have concerns about its aquatic resources and suspect air deposition as a
pollution pathway. It may also be reluctant to take on multiple grants and a large staff just to find
out if there is a problem. In this case, it might be appropriate for the Tribe to work with EPA to
develop a GAP work plan that would enable the Tribe to build an environmental protection
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program that addresses both air and water pollution. A baseline assessment of both water quality
and air quality could be conducted if it is in support of planning, developing, or establishing such a
program.
Tribes should be aware that this authority is not appropriate "for the principal purpose of solving
particular problems at particular places," because these activities are not for support of planning,
developing or establishing an environmental protection program.
Clean Air Act Section 103 Project Grants:
CAA §103(a) establishes EPA's authority to "conduct, and promote the coordination and
acceleration of, research, investigations, experiments, demonstrations, surveys, and studies relating
to the causes, effects (including health and welfare effects), extent, prevention, and control of air
pollution." CAA § 103(b)(3) authorizes EPA to "make grants to air pollution control agencies, to
other public or nonprofit private agencies, institutions, and organizations, and to individuals, for
[these] purposes." This broad authority has been used by many Tribes to begin work on tribal air
programs. Tribes have used the CAA §103 authority to begin air quality assessments, develop
emissions inventories, and set up air quality monitoring networks to collect baseline data on ambient
air quality within the context of an investigation, survey, or study project.
CAA §103 grants are project grants, and are approved for a performance period of up to five years.
This limitation should not constrain Tribes interested in assessing air quality and undertaking initial
developmental activities since this kind of activity should generally not take more than five years to
complete. It is also possible for Tribes to seek multiple project grants under this authority as long as
no single grant activity extends beyond five years in a single grant's cycle, and multiple grants are for
distinctly different purposes. However, a §103 grant provides no guarantee of on-going funding
beyond the project period.
Clean Air Act Section 105 Program Grants:
CAA §105 authorizes funding for "implementing programs for the prevention and control of air
pollution or implementation of national primary and secondary ambient air quality standards." (CAA
§105(a)(l)(A)). The CAA further defines implementation as "any activity related to the planning,
developing, establishing, carrying-out, improving, or maintaining of such programs." (CAA
§105(a)(l)(A)). The authority is further restricted to state and regional air pollution control agencies
as well as agencies of an Indian Tribe, which have been eligible to receive funding under this
authority in the same manner as states since the 1990 Clean Air Act amendments.
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Eligible Tribes have authority, if they choose to take it on, to develop and implement federally-
enforceable CAA programs with funding support under CAA §105. In addition, Tribes who seek
eligibility to receive a CAA §105 grant under the 40 C.F.R. §35.573(a) provisions to be treated in the
"same manner as a state" are also eligible for a reduced matching requirement (5% to 10%,
depending on the situation). Tribes are generally eligible to receive §105 funding for operating
ongoing air quality programs subject to certain limitations. Proposed programs must satisfy the
requirements in 40 C.F.R. §35.511, including:
»• Consistency with 40 C.F.R. Part 31 (requirements involving grants);
»• Consistency with all applicable federal statutes; regulations; circulars; executive orders; and
EPA delegations, approvals, or authorizations;
»• Feasibility, considering the applicant's existing circumstances, past performance, program
authority, organization, resources, and procedures (40 C.F.R. part 35.511(a)(4)).
A Tribe seeking funding under CAA §105 should work with the EPA Regional Office to ensure that
these requirements are fulfilled. These requirements provide assurance that funding is being used as
intended by Congress. Eligibility for CAA §105 funding does not assure any particular level of
funding, although Tribes who have established eligibility to CAA 105 grant support have a greater
assurance of at least some level of ongoing support than do Tribes receiving funding under CAA
Section 103 project grant.
Quality Assurance Project Plans:
Many tribal programs undertake projects or programs, under the above grant support authorities,
that involve the collection or creation of environmental data (an example is ambient monitoring).
While there is some flexibility in the Regional Offices regarding how this requirement is
implemented, in general, Tribes must have an approved quality assurance project plan (QAPP) to
assure the quality of data being collected or created, prior to beginning the part of the project or
program that involves data collection (40 C.F.R. §31.45). Grant funding for costs incurred to collect
data without an EPA approved Quality Assurance Project Plan (QAPP) may be disallowed.
An EPA guidance document is available at Http:/7www.epa.gov/qualityl/qs-docs7r5-final.pdf.
and the Institute For Tribal Environmental Professionals and Northern Arizona University offers
regular workshops for Tribes to learn how to develop these plans.
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AIR QUALITY ACTIVITIES IN INDIAN COUNTRY
There are a variety of Clean Air Act topics that may be of interest to Tribes in considering what, if
any, air quality activities they wish to pursue. Following are brief descriptions of some of these
topics.
^ Emission Inventories
^ Mobile Sources and Emissions
^f» Air Monitoring & Modeling
*fe Agricultural and Forestry Burning/Smoke Management
^ Air Toxics
^ Citizen Complaint Response
*fe Indoor Air
q£ Radon and Radiation
^ Title V: Permitting of Major Sources under Part 71
Emission Inventories:
An emission inventory identifies air pollution sources located within a particular geographical area
and the type and amount of pollution being emitted by each source to the atmosphere. This
information is used to help identify the source of air quality problems in an area. It's also used to
assess potential air quality problems in an area. EPA maintains databases for collecting this
information from state, local and tribal air agencies.
An initial step in assessing the nature of air quality on a reservation can consist of a more basic
assessment, called a source inventory, which consists of collecting all available data about the
numbers and types of potential air pollution sources on the reservation, through such activities as
phone book searches and "windshield surveys" done by driving around the reservation and simply
observing what activities are occurring that may emit air pollution.
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Mobile Sources and Emissions:
Motor vehicles are a significant source of air pollution for all criteria pollutants. These include both
on-road motor vehicles, as well as non-road motor vehicles. On-road motor vehicles include
automobiles, lightweight trucks, and heavy duty trucks, including diesel engine vehicles. Non-road
vehicles include construction vehicles, farm/agriculture vehicles, railroad locomotives, and all-terrain
vehicles.
There are a number of federal control programs that regulate emissions from mobile sources. The
oldest program is the EPA program of federal emission standards for new motor vehicles. Motor
vehicles inspection and maintenance (I&M) programs are required in carbon monoxide and/or
ozone non-attainment areas. I&M programs are designed check whether cars are being maintained
to keep pollution down.
Air Quality Monitoring
Air quality monitoring is often used to measure the amount of pollution in the air. Before
determining whether air monitoring is needed, information about the area is evaluated. Key
information includes emission inventories, climatological summaries, and local geographical
characteristics. If an assessment of the area shows monitoring is needed, a monitoring site is
selected based on the monitoring objective and desired spatial scale.
Since particulate matter (PM) is emitted by all combustion sources, PM monitoring is typically the
initial type of monitoring conducted in most areas. EPA has set federal standards for both PM10
and PM2.5 microgram-sized particles because these small particles are capable of entering the lungs
and causing respiratory health problems. Because PM sources are numerous and because of the
associated health risks, PM10 and PM2.5 monitors are the most common monitors operated by
Region 10 Tribes.
Initial PM monitoring can be conducted with "mini-vol" monitors that can identify "hot" spots
where potentially high levels of PM pollution may be occurring. If PM concentrations are suspected
of exceeding the PM standards, Federal Reference Method (FRM) monitors are used to determine if
an area is in attainment or non-attainment for the standard. For some purposes a continuous (non-
filter based) monitor is more useful, as it provide real time data that can, for example, be used in
managing agricultural and forestry burn decisions. The need to monitor for other criteria pollutants
(such as ozone, SO2, and NO2) is determined by a more comprehensive evaluation of sources
impacting tribal lands
Air Quality Modeling
Air quality models are simulation tools that can be used to predict the air quality levels produced by
pollution sources. These modeling tools are frequently used to assess future ambient impacts
produced by a proposed pollution activity, analyze air quality benefits of different pollution control
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strategies, and locate areas where maximum air quality levels are likely to exist. For example,
modeling is used to show that a control strategy selected as part of a State/Tribal Implementation
Plan (SIP/TIP) revision will achieve air quality standards. Air quality modeling is also used to
determine whether construction of a new facility will meet air quality standards.-EPA has developed
several models suitable for regulatory application. These air quality models are usually computerized
and require high-powered systems for operation. All the regulatory air quality models and guidance
intended for use by State, tribal, and local agencies have been made available through the SCRAM
area on the EPA's Technology Transfer Network (TTN) Bulletin Board System
[www. epa.gov/ttn/scram] The role of the EPA Region 10 is to ensure consistency in the
application of air quality models for regulatory purposes by routinely working with the States, tribal,
and local agencies in the Region.
Agricultural and Forestry Burning Practices /Smoke Management:
A significant "area source" of pollution on some reservations is caused by human activities related to
burning from either agricultural or forestry practices. EPA Region 10's goal is to ensure agricultural
field burning does not endanger public health or welfare; and to prevent or minimize other
environmental impacts from burning such as regional haze and nuisance smoke. We recognize that
the states and Tribes play a key role in addressing agricultural and forestry-burning. Our plan is to
work in partnership with all interested and affected people and organizations to learn how this type
of burning is currently managed and to help identify and address areas where improvements are
needed.
Air Toxics:
Toxic air pollutants, also known as hazardous air pollutants (HAPs), are those pollutants that are
known or suspected to cause cancer or other serious health effects such as reproductive effects,
birth defects, or to cause adverse environmental effects. Most air toxics originate from human-made
sources, including mobile sources (e.g., cars, trucks, buses) and stationary sources (e.g., factories,
refineries, power plants), as well as indoor sources (e.g., some building materials and cleaning
solvents). Some air toxics are also released from natural sources such as volcanic eruptions and
forest fires. EPA is working to assess and reduce air toxics releases of 188 pollutants to the
environment. See [http://www.epa.gov/ttn/atw/188polls.html] for the HAP list.
A Tribe that wishes to identify whether air toxics may be a particular health concern on its
reservation would typically begin by conducting an emissions inventory of all sources of air pollution
on the reservation. Based upon this identification of sources, the Tribe can then better evaluate
whether HAPs are likely to be impacting the reservations communities.
Regional Haze:
Congress has made it a national goal to prevent any future and remedy any existing visibility
impairment in the major National Parks and Wilderness Areas (mandatary Class I federal areas)
across the country. EPA has promulgated requirements for states to develop and submit
implementation plans that will achieve reasonable progress towards achieving natural visibility
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conditions. The federal rule has established 2064 as the date by which all mandatory Class I areas
will achieve natural conditions.
States, Tribes, Federal Land Managers, and EPA Regions in the western United States are working
together in the Western Regional Air Partnership to develop implementation plans to meet those
requirements.
Citizen Complaints Response:
Complaints regarding air quality incidents on reservations are received and investigated by EPA
Region 10, where possible in partnership with the Tribe. Inspections can be conducted to verify
technical information and advice can be provided to assist with the resolution of air quality issues.
When ongoing action is needed for resolution, compliance will normally be tracked.
Indoor Air Quality:
Although the Clean Air Act focuses on ambient air quality, the quality of indoor air is a major area
of concern for many Tribes. Sources of indoor air pollution include oil, gas, kerosene, coal, wood,
and tobacco products, and building materials and furnishing such as asbestos-containing insulation,
damp carpets, household cleaning products, lead based paints, and radon. The EPA provides
hotlines, publications, outreach, and other initiatives to improve the quality of air in our homes,
schools, and offices. We offer in depth on-site training in several indoor air topics. For more
information about the indoor air program, see EPA web site [www.epa.gov/iaq].
Radon and Radiation:
Radiation has been a natural part of the earth's environment since its formation. Our mining and
use of these naturally radioactive materials in medicine, power generation, consumer products, and
industrial equipment inevitably results in emissions and wastes. Recognizing the hazard, Congress
designated EPA as the primary federal agency for protecting people and the environment from
harmful and avoidable (controllable) exposure to radiation. Tribes can conduct surveys to determine
whether radon is an environmental concern on their reservation.
Title V: Permit Program For Sources Under Part 71:
Title V of the Clean Air Act requires each state to develop and submit to EPA an operating permit
program under regulations promulgated by EPA at 40 CFR 70. Under regulations issued by EPA in
July 1996, EPA issues Title V operating permits to facilities located on reservations and other areas
of Indian Country unless a Tribe has applied for and received approval of its own Title V operating
permit program. The Title V program requires major stationary sources of air pollution and certain
other sources to obtain an operating permit that includes the emission limitations and other
requirements that apply to the source and such other conditions as are necessary to assure
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compliance with the terms of the permit. The title V operating permits program is a vehicle for
ensuring that existing air quality control requirements are appropriately applied to facility emission
units in a single document and that compliance with these requirements is better assured.
For a brief overview of the operating permit program, refer to EPA's Air Pollution Operating Permit
Program Update located on the Internet at [http://www.epa.gov/oar/oaqps/perinits.htinl]
New Source Review:
EPA's New Source Review program requires all new major sources and existing sources with major
modifications to obtain permits-before commencing construction. The requirement applies
whether the major source or major modification is planned for an area where the NAAQS are
exceeded (nonattainment areas) or an area where air quality is meeting the NAAQS or is unknown
(attainment and unclassifiable areas). Permits for sources in attainment and unclassifiable areas are
referred to as prevention of significant air quality deterioration (PSD) permits. The review process
for PSD includes the following:
*• Evaluation of Best Available Control Technology (BACT), which is based on the most
stringent control available for a similar type of source; Installation of Best Available Control
Technology (BACT)
*• Performance of an ambient air impact study
*• Performance of additional impact studies including visibility, soils, and vegetation.
Restrictions in nonattainment areas are more severe. The review process for NSR in nonattainment
areas includes:
*• Evaluation of Lowest Achievable Emission Rate (LAER) technology; LAER is derived from
either of the following; (1) the most stringent emission limitation contained in the
implementation plan of any State for such class or category of source; or (2) the most
stringent emission limitation achieved in practice by such class or category of soruce.
*• Provision for "offsets" representing emission reductions that must be made from other
sources. Emissions offsets are generally obtained from existing sources located in the
vicinity of a proposed source and must (1) offset the emissions increase from the new source
or modification and (2) provide a net air quality benefit.
For Further Information:
EPA Tribal Air Program Web Page: http://www.epa.gov/air/Tribal/airprogs.html
Region 10 Office of Air Quality Web Page:
http://yosemite.epa.gov/rlO/AIRP AGE.NSF/webpage/Air+Quality?OpenDocument
The Tribal Environmental and Natural Resource Handbook:
http://www.epa.gov/indian/pdfs/tribook.pdf
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Institute for Tribal Environmental Professionals, Northern Arizona University:
http://www4.nau.edu/itep/intro.html
Tribal Air Monitoring Support Center:
http: / Avww4.nau.edu /tarns /
Application Kit for Federal Assistance:
http://www.epa.gov/ogd/AppKit/index.htm
40 CFR Part 31 and Part 35: Regulations applicable to CAA 103 and CAA 105 grants.
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfrvl_OO.html
Developing a Tribal Implementation Plan Guidance document, EPA, October 2002
http://www.epa.gov/air/tribal/tip2.html
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Region 10 - Office of Air Quality
Contacts List
Program
Tribal Air Program
Lead
Tribal Air Grants
Federal Air Rules for
Reservations
Citizen's Air Quality
Complaints
Indoor Air
Air Toxics
Smoke Management: Ag
and Forestry
Emission Inventory
Reports
Criteria Pollutants/
Regional Haze
Radiation / Radon
Quality Assurance
Project Plans
Air Quality Monitoring
Monitoring Data
Air Quality Modeling
Mobile Sources and
Emissions
Title V Operating
Permits
New Source Review
Name
Mary Manous
Diana Boquist
Debra Suzuki
Jay Hirama
Ann
Wawrukiewicz
Lisa McArthur
Scott Downey
Madonna Narvaez
Steve Body
Vacant
Christopher Hall
Keith Rose
William Puckett
Mahbubul Islam
Wayne Elson
Doug Hardesty
Lucita Valiere
Dan Meyer
Phone
(206) 553-1059
(206) 553-1586
(206) 553-0985
(206) 553-1777
(206) 553-2589
(206) 553-1814
(206) 553-0682
(206) 553-2117
(206) 553-0782
(206) 553-4273
(206) 553-0521
(206) 553-1949
(206)553-1702
(206) 5536985
(206) 553-1463
(208) 378-5759
(206) 553-8087
(206) 553-4150
Email
manous .mary@epa.gov
boquist.diana@epa.gov
suzuki.debra@epa.gov
hirama.jay@epa.gov
wawrukiewicz.ann@epa.gov
mcarthur.lisa@epa.gov
downey.scott@epa.gov
narvaez.madonna@epa.gov
body.steve@epa.gov
hall.christopher@epa.gov
rose.keith@epa.gov
puckett.bill@epa.gov
islam.mahbubul@epa.gov
elson.wayne@epa.gov
hardesty.doug@epa.gov
valiere.lucita@epa.gov
meyer.dan@epa.gov
Mail-stop
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OAQ-107
OEA-095
OAQ-107
OEQ-095
OAQ-107
OAQ-107
IOO
QAQ-107
OAO-107
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Office of Waste and Chemicals Management (OWCM)
The OWCM works with governments (federal, Tribal, state, and local), industry and the public to
protect human health and the environment by proper management of solid and hazardous wastes and
toxic chemicals.
Office of Waste and Chemicals Tribal Program Areas
H Solid Waste
IH Hazardous Waste
IH Asbestos
H Lead
* PCB's
IH Toxics in Your Community (TRI)
There are three main statutes that authorize and focus OWCM activities:
The Resource Conservation and Recovery Act (RCRA) establishes a system to manage wastes.
Hazardous wastes are controlled from "cradle to grave" by permitting facilities, regulating treatment,
storage and disposal, providing compliance assistance, and taking enforcement actions when necessary.
Non-hazardous wastes, such as household waste, is primarily controlled at the local level, with EPA
setting national standards to ensure sound disposal. The Agency encourages conservation of resources of
all wastes through prevention and recycling.
The Emergency Planning and Community Right-to-Know Act (EPCRA) requires certain facilities to
report on the releases of listed toxic chemicals annually. Facilities also report pollution prevention and
recycling data. EPA's Toxic Release Inventory (TRI) provides information on toxics in your community
so citizens, businesses, and governments can work together to protect the quality of the land, air and
water.
Under the Toxic Substances Control Act (TSCA), EPA has broad authority to regulate or ban the
import, manufacture, use and disposal of almost all chemical substances in the United States. In EPA
Region 10, our focus is assuring the safe use and proper management of polychlorinated biphenyls
(PCBs), asbestos, chemicals in commerce (including import/export of chemicals), and lead.
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Solid and Hazardous Wastes
EPA's programs address two kinds of wastes. These are defined in two "subtitles" of the Resource
Conservation and Recovery Act, RCRA. Subtitle D deals primarily with the generally non-hazardous
household wastes found in municipal landfills. Subtitle C deals with hazardous wastes, generally from
manufacturing or commercial sources.
Solid Waste
The term "landfill" is used to designate a solid waste disposal site designed, built and operated in
compliance with RCRA. Landfills usually have a state-issued permit and are periodically inspected by the
state. A "dump" is a place where wastes are just thrown away, perhaps down a ravine or gully, A
community may operate a dump, fencing and gating it to prevent unauthorized entry, and burying the
waste regularly. But if it's not in compliance with the applicable sections of RCRA, it's still just a dump.
An "open dump" is usually unregulated, un-contained and un-maintained. Such dumps are often
"wildcat" dumps, started by someone who had a quantity of trash and didn't want to take it to the landfill
or transfer station. Tribal lands as well as National Forest lands and even National Parks often host many
such eyesores.
The problems caused by municipal solid waste (MSW) dumps and landfills have become a source of
public concern in recent years. Even though they do not typically contain the high concentrations of
toxic and hazardous materials found in a Subtitle C landfill, citizens have become more aware of the
potential threat to health and the environment from MSWs, Even household wastes can contain a lot of
hazardous materials from toxic cleaning agents and pesticides to lubricants, batteries and other
electronics, and even drugs. Communities faced with the rising costs of both nearby land and
transportation of wastes to more remote sites, have become more concerned about the generation and
management of solid waste. To make waste management more effective governments adopt an
integrated approach to waste management. This approach involves: (1) reducing the amount of waste that
is generated; (2) increasing the recycling of materials such as paper, glass, steel, plastic—thus recovering
these materials rather than discarding them; and (3) providing safer disposal by improving the design and
management of landfills.
The Region 10 Solid Waste Program offers several types of technical expertise to assist
interested Tribes with integrated approaches to waste management on their lands.
Indian Lands Open Dump Clean-up Program
In 1994, Congress passed the Indian Lands Open Dump Cleanup Act which directed the Indian
Health Service (IHS) to survey dumps on Tribal lands. Subsequently, the IHS joined with EPA,
the Bureau of Indian Affairs and the Departments of Defense and Agriculture (Rural Utilities
Service) to begin to address the open dumps identified. Tribes are invited to submit brief
proposals for funding to assist them in (1) assessing their dumps and the communities' future
solid waste management needs, (2) planning to address those needs, (3) developing alternatives to
existing open dumps such as transfer stations or even RCRA-compliant landfills, and (4) closing
and cleaning up open dumps. "Planning" typically takes the form of developing or updating an
Integrated Solid Waste Management Plan including Tribal codes and ordinances.
Proposals are generally due around the end of February and funding may be available as early as
May. More specific information is published in the Federal Register and mailed to all Federally-
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recognized Tribes and Alaskan Native Villages early in the fall. Successful proposals are specific,
clear, detailed and focused on eliminating not only existing open dumps but the conditions which
gave rise to them.
Tribal Circuit Rider
Region 10's Circuit Rider provides Tribes with reservation specific help on all types of solid waste
problems. The Circuit Rider is involved in the on-the-ground implementation of the OWCM
Tribal program in Indian Country in Idaho, Oregon, and Washington. The Tribal Circuit Rider
responds to Tribal informational requests, technical concerns, and educational/training issues for
solid waste management, recycling, waste stream reduction, and solid waste landfills.
Tribal Solid Waste Advisory Network (TSWAN)
TSWAN is a consortium of Tribes who are dedicated to improving solid waste management on tribal
lands. The Network serves as a clearinghouse for interested Tribes to access information on all facets of
integrated solid waste management. To this end, they offer a library website, hold quarterly membership
meetings to discuss/resolve specific waste issues and offer training in Casino waste recycling.
Contact information for TSWAN:
Kami Snowden, Executive Director
TSWAN
635 Marcella Lane
Cheney, WA 99004
(509) 235-6007 phone/fax
e-mail: ksnowden tswan@centurytel.net
http: / /tswan.org/main/main.html
Waste Reduction/Recycling Strategies
The Regional Solid Waste Program offers a variety of information services on reducing and recycling
wastes. These services include:
i/ Household Hazardous Waste: Provide literature, respond to calls, give presentations on safe
management, safer substitutes.
«/" Waste Reduction: Provide information on EPA WASTE WI$E Program for businesses; provide
general information on waste reduction.
«/" Recycling: Provide information on recycling programs for tribal offices and schools. Provide
information on buying recycled content products.
v Casino and Medical Wastes: In 2003-2004, EPA will be working with Region 10 Tribes to
develop best management practices for casino wastes, as well as for solid and toxic wastes
generated at tribal health clinics.
S Problem Wastes: information on fluorescent light tubes, white goods (appliances), batteries, used
oil, universal wastes, etc.
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Hands-on Sessions:
The EPA Recycling Coordinator and Waste Prevention Outreach Liaison offers hands-on
demonstrations covering:
i/ "Clean green" alternatives to household & yard toxic wastes in schools, tribal offices, homes.
i/ School waste prevention projects: Earth Day activities, recycling, composting/gardening.
»/" Environmentally preferable shopping: for kids and for adults.
«/" Buying and identifying "green" products and packaging: for kids and adults.
Solid Waste Management Assistance Grants
Discretionary funds have been extremely limited in recent years under this grant program.
Approximately $40,000 was available for all of EPA Region 10 in FY2003 for recycling, waste reduction,
and product stewardship projects.
Source Reduction/Pollution Prevention (SR/P2) Grants Program
Offered for the first time in 2003 by EPA Headquarters, the SR/P2 grants program may be continued in
2004. Approximately $1 million was budgeted for FY2003, for proposals addressing source
reduction/pollution prevention principles, with a deadline of May 30, 2003. Proposals were to involve
the following: Design for the Environment (DfE); Environmentally Preferable Purchasing (EPP);
pollution prevention projects of general interest; pollution prevention projects of interest to States,
regions, and/or Tribes; and Persistent, Bioaccumulative and Toxic (PBT) Chemicals. Website:
http://www.epa.gov/p2/pubs/2003RFP sourcereduction.htm
For more information on recycling or any of the above recycling grant programs please contact the
Recycling Coordinator listed at the end of this chapter.
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 otherwise managed. Potential dangers include explosions, fires,
corrosive destruction 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 1976, Congress enacted the Resource Conservation and Recovery Act (RCRA) as the primary
regulatory vehicle to assure that hazardous waste is properly managed from the point of its generation
to its ultimate disposal or destruction, referred to as "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. However, it is very likely that some types of hazardous waste are
generated by businesses in your community or by your municipal facility operations themselves.
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Because hazardous waste includes objects such as 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 discarded material must be evaluated to determine if it
has been listed by EPA as hazardous waste or if the waste exhibits any of the following characteristics:
ignitability, corrosivity, reactivity or toxicity as determined by the Toxicity Characteristic Leaching
Procedure (TCLP) test.
In addition to used materials which might be considered hazardous waste, you must be careful with your
management of products that are no longer wanted or needed, and you now wish to discard. Leftover
pesticides from grounds-keeping operations and old paint thinner must be fully evaluated before a
disposal determination is made concerning the waste. EPA has identified several hundred chemical
products which, if disposed of, would be considered "listed hazardous waste."
Another possible concern for Tribal communities is the operation of a trash collection system and/or a
landfill. Normally, because household wastes are currently exempt from RCRA regulation, Tribal
landfills are regulated under 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 trigger RCRA jurisdiction over the
entire facility.
There are several categories of hazardous waste generators which fall under the RCRA program
requirements. They can be found in 40 CFR Part 262:
(1) Full 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 waste (A kilogram is
approximately 2.2 pounds and 1,000 kg is approximately five, 55 gallon drums of material).
(2) 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.
(3) Conditionally Exempt Generator - Facilities that generate less than 100
kilograms a month of any hazardous waste are conditionally exempt from the RCRA
regulations.
(4) Transporters - A transporter under Subtitle C is defined as any person engaged in the off-site
transportation of hazardous waste within the United States. This definition covers transport by air, rail,
highway, or water. Transporters of hazardous waste represent the critical link between the generator
and the ultimate off-site hazardous waste treatment, storage, or disposal facility. The transporter
regulations were developed jointly by EPA and the Department of Transportation (DOT) to avoid
contradictory requirements between the two agencies. A transporter must comply with the regulations
under 49 CFR Parts 171-179 (The Hazardous Materials Transportation Act) as well as those under 40
CFR Part 263 (Subtitle C of RCRA).
(5) Treatment, Storage and Disposal Facilities (TSDF) - A TSDF can encompass one or any
combination of these three functions (treatment, storage, and disposal). A detailed definition of each
function can be found in 40 CRF Part 260.10. A TSDF is the last link in the "cradle-to- grave"
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hazardous waste management system. All TSDF's that handle hazardous waste need to obtain an
operating permit and abide by the treatment, storage and disposal (TSD) regulations under 40 CFR Parts
264 and 265.
(6) Used Oil Management Standards - These standards are found in 40 CFR Part 279 and are
applicable to those who generate, transport, transfer, collect, process or refine. The standards were
developed to ensure all used oil would be recycled unless a handler disposed of it in accordance with
Subpart C.
For Indian Country, EPA, Region 10 issues RCRA permits to facilities who treat, store or dispose of
hazardous wastes on Tribal lands. A notable exception to this is in the State of Washington, where the
State has the authority to issue permits and to implement it's federally authorized hazardous waste
program at facilities located on non-trust lands within the Puyallup Reservation; pursuant to a settlement
agreement finalized in 1988 and ratified by Congress in 1989. The RCRA permit specifies conditions
and requirements the facility must follow in order to treat, store or dispose of hazardous wastes in
accordance with the regulations. All facilities that currently or plan to treat, store or dispose of
hazardous wastes are subject to the permitting process.
The federal regulations which govern the permitting process include: The Solid Waste Disposal Act., as
amended by the Resource Conservation and Recovery Act and the Hazardous and Solid Waste
Amendments of 1984, The Toxic Substances Control Act, and Title 40 of the Code of Federal
Regulations (CFR).
RCRA regulations were first published in 1980 and are constantly being amended. Once you determine
that you are a handler of hazardous waste (i.e., generating, storing, transporting, etc.), you must notify
EPA and receive an EPA RCRA identification number. Different timetables and responsibilities apply to
the different activities. Full 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 hazardous waste is a very expensive and lengthy
process. Thus, many companies and reservations look for ways to reduce the amount of produced
hazardous waste 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 and consider whether there might
be a way to reduce what is being generated.
Tribal Hazardous Waste Management Grant Program
The EPA has made significant progress in developing a regulatory scheme ("cradle to grave") for the
management of hazardous waste (identification, generation, treatment, storage, and disposal). However,
RCRA defines Tribes as municipalities and they cannot receive authorization from EPA to operate
hazardous waste programs in lieu of the Federal government. To address this concern, Congress,
through the Fiscal Year 1999 EPA Appropriations Act (P.L. 105-276), gave the EPA Administrator
authority to provide financial assistance to Tribal governments for the development and implementation
of hazardous waste programs. In accordance with the EPA Indian Policy of 1984, EPA recognizes
Tribal governments as the primary parties for managing programs for reservations. These funds are
meant to support the development of hazardous waste program capacity and to enhance Tribal
government efforts to avoid hazardous waste mismanagement on Tribal lands. The purpose of the
Hazardous Waste Grant Program for Indian Country is to provides capacity building grants to federally
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recognized Tribes and Tribal organizations. Its goal is to encourage comprehensive integrated hazardous
waste management practices that are protective of human health and the environment by:
- building Tribal capacity for developing and implementing hazardous waste activities;
- developing Tribal organizational infrastructure;
- achieving economic sustainability of Tribal hazardous waste programs; and
- building partnerships among Tribes, federal agencies, states and local communities.
For further information on the Hazardous Waste Grant Program or other sources of hazardous waste
program support from EPA, contact your regional hazardous waste Tribal program coordinator and visit
the Office of Solid Waste Tribal Waste Management Program website located at
http: / /www.epa.gov/tribalmsw/ .
Please see contacts at the end of this chapter that are available for assistance under the RCRA Hazardous
Waste program.
Asbestos
There are a number of laws that govern how asbestos materials are to be handled in schools, public and
commercial building, and buildings that are to be demolished. The laws that govern asbestos
management and removal include: the Asbestos Hazard and Emergency Response Act (AHERA), the
Asbestos School Abatement Reauthorization Act and the National Emission Standards for Hazardous
Air Pollutants for Asbestos (NESHAP).
On October 22, 1986 the President signed the Asbestos Hazard Emergency Response Act (AHERA)
into law. The Act required EPA to develop regulations creating a comprehensive framework for
addressing asbestos hazards in target areas. Schools were of special concern in the statute. The Act
mandated the construction of a model accreditation program for individuals who conduct inspections for
asbestos, develop management plans, or 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, as well as developing management plans,
and implementing response actions in a timely manner. Specifically, each local education agency, or
LEA, must carry out the following actions:
(1) Designate and train a person to oversee asbestos-related activities in the LEA
(2) Inspect all school buildings for both friable and nonfriable asbestos-containing building materials.
(3) Prepare a management plan for managing asbestos and controlling its exposure in schools, followed
by a plan submission to the appropriate state agency. A time frame for the implementation of these
actions should be included in the plan.
(4) Use only professionally accredited persons to conduct inspections and develop the management
plan, as well as required triennial reinspections.
(5) Provide custodial staff and short-term workers with information about the location of asbestos-
containing materials. Post warning labels as required.
(6) Survey all locations of asbestos-containing materials for damage every six months, while
appropriate steps are being taken to repair the problem.
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(7) Awareness training is to be provided to custodial and maintenance staff (at least 2 hours), and to
those employees whose duties require them to be in direct exposure to asbestos (14 hours of additional
training). The additional training must explain proper work practices and the use of protective
equipment when disturbing asbestos-containing materials.
(8) Notify the public about asbestos inspections and make the asbestos management plan available for
review.
(9) Utilize accredited individuals to design and conduct asbestos abatement actions that are necessary
and appropriate to protect health and the environment. These methods must be documented in the
management plan.
(10) Keep detailed records of all asbestos-related activities in each school plan, and make them available
for citizen review.
LEA's were required to begin implementation of their management plans by July 1989. Updated and
maintained management plans are required to reflect activities of ongoing operations and maintenance,
periodic surveillance, inspection, reinspection, and response action activities.
At the time AHERA was enacted, other buildings besides schools were also targeted as areas for reducing
the human health and environmental hazards associated with asbestos. The National Emission Standards
Hazardous Air Pollutants (NESHAP) for asbestos, promulgated under Section 112 of the Clean Air Act,
specifies emission control standards for the milling, manufacturing, and fabricating of asbestos; for
demolition activities; and for the handling and disposal of asbestos-containing waste materials.
Under NESHAP, all owners/operators of a demolition or renovation must thoroughly inspect the
affected facility for the presence of asbestos before commencement of the action. This includes category
I and II nonfriable asbestos. Private residences of four or less are exempt from NESHAP.
Under NESHAP, renovations require notification to the appropriate regulatory agency, including
facilities containing no asbestos. Work practice procedures, waste disposal requirements, and record
keeping provisions apply to those demolition operations where the amount of regulated asbestos-
containing material (as defined in Section 61.141) meets or exceeds 260 linear feet on piping, 160 square
feet on other facility components, or 35 cubic feet of asbestos-containing material in containers, when it
is measured.
NESHAP requires at least one representative trained in the provisions of this regulation to be on site
during any removal of asbestos-containing materials. The AHERA contractor/supervisor course meets
the NESHAP training requirements. Also, a ten working day advance notification to EPA is required
regarding the removal of such materials.
The Asbestos School Abatement Reauthorization Act, passed in 1990, required accreditation of
personnel working on asbestos activities in schools and public and commercial buildings. Specifically,
The Model Accreditation Plan, revised in February 1994, required the use of accredited inspectors,
workers, supervisors, project designers, and management planners (schools only) when conducting
asbestos activities at schools and public and commercial buildings.
What do I need to do if I want to convert an older building to a school building?
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An AHERA accredited inspector will need to conduct an inspection of the building prior to its use as a
school building and an accredited management planner will need to develop a management plan.
Implementing the management plan includes assigning an asbestos coordinator for the school district;
conducting six-month periodic surveillance inspections to assure that asbestos remains in good condition;
conducting three year reinspections; issuing annual notifications to students, teachers, parents and
building occupants on asbestos activities and management plan availability; and conducting operations
and maintenance activities and asbestos removal, where appropriate. Accredited workers, supervisors,
and project designers will need to be used for large scale asbestos activities. Should renovation be
required, NESHAP requirements on notifications and work practices need to be followed.
What resources are available from EPA to conduct inspections or removal/clean up asbestos?
Until 1993, EPA had a grant and loan program for asbestos removal at schools. This funding was
available for financially needy schools with major asbestos hazards. Congress chose not to provide
money for this fund after 1993. However, EPA can provide technical assistance and advice on
conducting inspections and on asbestos management and removals. We have numerous documents on
various asbestos-related issues, as well as a video lending library.
For more information please see the Asbestos contact information listed at the end of this chapter.
Additional Information
The following documents can be obtained through the EPA information Center at 1-800-424-4372.
National Emission Standard for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final Rule, 40
CFR61.
"The Asbestos Informer," EPA.
"Asbestos/NESHAP Adequately Wet Guidance", EPA.
"Asbestos/NESHAP Regulated Asbestos-Containing Materials Guidance," EPA.
"Reporting and Record keeping Requirements for Waste Disposal," EPA.
"Common Questions on the Asbestos NESHAP," EPA.
"A Guide to the Asbestos/NESHAP, as Revised," EPA, November 1990.
Lead
Childhood lead poisoning is a serious, yet preventable environmental illness. Experts believe that blood
lead levels as low as 10 micrograms per deciliter are associated with children's learning and behavioral
problems. High blood lead levels cause devastating health effects, such as seizures, coma, and death.
Over the past 30 years, the U.S. has made great progress in combating this disease by addressing a wide
range of sources of lead exposures. The Federal government has phased out lead in gasoline, reduced
lead in drinking water, and banned or limited lead use in consumer products, including toys, food cans,
and residential paint. States and municipalities have initiated programs to identify and treat lead poisoned
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children and to rehabilitate deteriorated housing. Parents, too, greatly contributed to reducing their
children's exposure to lead.
The U.S. children's blood lead levels significantly decreased during the 1970's and 1980's. However,
almost one million children under six still have blood lead levels above 10 micrograms per deciliter, with
a disproportionate number of them living in inner cities; thus, lead poisoning is a major concern
associated with environmental justice issues. There are also significant numbers of children living in
suburban and rural areas that suffer from lead poisoning.
EPA's current lead program focuses on the primary source (lead based paint) lead-poisoning in children
in the U.S. today. A 1991 report issued by the Department of Housing and Urban Development (HUD)
showed that lead-based paint was used in millions of older homes and housing units in the United States.
Studies showed that lead-based paint has a tendency to become incorporated in household dust as it
cracks and weathers, lead paint also may chip or release particles into the air as a result of routine friction
on impact surfaces (such as windows, window sills, doors).
Young children may ingest the lead-contaminated dust during typical childhood behavior such as
crawling on floors and then putting their fingers in their mouth or mouthing toys or other objects that
are covered with contaminated dust. Some children exhibiting pica behavior (a chronic tendency of
mouthing or eating non-food objects) could also swallow paint chips and be lead poisoned.
Title IV of the Toxic Substances Control Act arose from the Title X Residential Lead Based Paint
Hazard Reduction Act of 1992. Title X regulations have several requirements. For example, anyone
doing lead abatement work is required to be trained and certified, and must perform such work in a safe
manner for the benefit of both human health and the environment. Also, any person(s) buying or leasing
property must be notified by the seller(s) of known lead hazards, issued a lead hazard pamphlet, given an
opportunity to inspect the property and be advised of any lead hazards in any contract, lease, or sale of
the property.
Title X mandated EPA to fulfill several responsibilities under the Act. They include the following:
• To write regulations concerning training and certification of lead abatement workers.
• To develop a Model program for states, territories, and Tribes to adapt.
• To define proper abatement procedures.
• To develop renovation and remodeling guidelines.
Over time, EPA has fulfilled these goals, as well as implementing further developments under the lead
program.
Tribal governments can help to protect community members from lead poisoning. Two important
components in achieving this goal are educating the community in the identification of lead hazards and
teaching communities to handle lead hazards properly.
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Additional Information
Lead based paint regulations can be found in 40 CFR Part 745.
About Lead Grants
There are two lead Tribal grant programs. One is for Tribal lead grants to conduct lead inspections and
risk assessments, and to conduct lead outreach activities. The other Tribal lead grant program is to
develop authorized programs to prevent lead poisoning through the training of workers who remove
lead-based paint, the accreditation of training programs, the certification of contractors, and renovation
education programs.
Tribal Lead Grant Program
The Tribal Lead Grant program will allow Tribes to test and analyze lead in blood, paint, dust and soil,
conduct lead inspections and risk assessments, and conduct lead outreach activities. FY03 grants will
provide approximately $1.4 million for Indian Tribes. This will be the third round of Tribal Grants issued
under this program since FY99.
For more information please contact:
Darlene Watford
US EPA
OPPTS/OPPT/NPCD
1200 Pennsylvania Ave, NW (7404T)
Washington, DC 20460
202-566-0516
Lead Poisoning Prevention Grant Program
EPA awards grants to states and Tribes to develop authorized programs to prevent lead
poisoning through the training of workers who remove lead-based paint, the accreditation of training
programs, the certification of contractors, and renovation education programs.
For more information please contact the Regional Lead Coordinator (contact info listed at the end of this
chapter).
Resources:
Tribal Relational Environmental Numeric Health Database System (TRENHDs)
This database was built by Tribes for Tribes to help access specific needs of the Tribal population to
allow each user Tribe to track the overall health and well being of their population and to identify areas
of concern related to environmental pollutants. Chemical residues affect subsistence foods, medicinal
herbs, homes and unborn children.
http: / /www.bluejaydata.com/trenhds /
EPA Lead Programs
EPA lead regulations, lead compliance assistance, educational and outreach resources, technical and
scientific studies on lead, industrial lead releases, links to other EPA and non-EPA lead-related sites.
http: / 7www.epa.gov/lead/
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National Lead Information Center
Provides the general public and professionals with information about lead hazards and their prevention.
www.epa.gov/lead/nlic.htm
HUD Office of Healthy Homes and Lead Hazard Control
HUD lead regulations, compliance assistance information, educational resource, technical studies, grant
information, community outreach activities and news.
http: / /www.hud.gov/offices /lead/
Lead Listing
Listing of lead service providers and lead analysis labs accredited under EPA National Lead Laboratory
Accreditation Program. Listed for entire US - search listings by state. http: / /www.leadlisting.org
National Safety Council (NSC) Environmental Health Center (EHC)
Lead consumer product alerts, disclosure rule information, educational resources, newsletter and
contacts.
http: / /www.nsc.org/ehc/lead.htm
Poly chlorinated Bipheny Is (PCBs)
The Toxic Substances Control Act (TSCA) prohibits the manufacture of PCBs, controls the phase-out of
their existing uses, and sees to their safe disposal. Between 1929 and 1977, most PCBs were sold for use
as insulating fluids in electric transformers and capacitors. PCBs were also used in circuit breakers and
flourescent light ballasts. Although PCBs are no longer commercially made in the United States, many
electric transformers and capacitors once filled with PCBs are still in service. Additionally, PCBs
currently are being inadvertently produced as byproducts during the manufacture of certain organic
chemicals.
Several Tribal territories, reservations, and virtually every municipality and utility in the United States has
been in possession of regulated PCB equipment at some time. 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.
The majority of electrical equipment is not considered to contain high levels of PCBs and the regulations
make three distinctions on equipment:
• "High level PCB" - liquid filled equipment containing over 500 ppm of PCBs; has most stringent
regulation.
• "PCB contaminated equipment" - equipment containing between 50 and 499 ppm; usually
regulated in cases of spills and at the point of disposal.
• "Non-regulated equipment" - equipment contains under 50 ppm.
In Region 10, inspections are currently conducted on Tribal land by federal or state inspectors working
under a Cooperative Agreement with the Regional Office.
EPA intends to allow use of contaminated and PCB equipment for the remainder of its useful life as long
as the equipment is properly monitored, maintained, and used in a totally enclosed manner. When its
useful life expires, the equipment must be disposed of as dictated by law.
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A bandoned Equipment
If a Tribal member discovers abandoned electrical equipment suspected of containing PCBs, he or she
should obtain the following information which will be helpful in determining what type of electrical
equipment it is and safe handling methods.
• All equipment that contains high levels of PCBs must be marked with a 6"x6" bright yellow label
which says in large black letters, "WARNING CONTAINS PCB."
• All transformers and capacitors are manufactured with a nameplate which contains the name of
the manufacturer, the unit serial number, the voltage rating, the gallons of liquid, and the type of
liquid. It may also contain the word "OIL" or the words "NONFLAMMABLE LIQUID."
• Any photographs taken of the abandoned material would also be helpful.
• The liquid in the abandoned electrical equipment may also need to be tested to determine the
level of PCBs.
PCBs are harmful to Human Health and the Environment
When PCBs are released into the environment they do not easily break apart. Instead they persist for
many years, bioaccumulate, and bioconcentrate in organisms. Well documented tests on laboratory
animals show that various levels of PCBs cause reproductive effects, gastric disorders, skin lesions, and
cancerous tumors. Exposures to PCBs in humans can cause chloracne (a painful, disfiguring skin
ailment), liver damage, nausea, dizziness, eye irritation, and bronchitis. PCBs may enter the body through
the lungs, the gastrointestinal tract, and the skin. After they are absorbed into the body, PCBs circulate in
the blood throughout the body and stay in fatty tissues and a variety of organs, including liver, kidneys,
lungs, adrenal glands, brain, heart, and skin.
Additional Information
PCB regulations can be found in 40 CFR, Part 761.
For more information regarding equipment distinctions, summary of PCB regulations, PCB disposal
please contact the Regional PCB Coordinator.
Toxics in Your Community - Toxic Release Inventory (TRI)
Background
Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986.
Section 313 of the EPCRA establishes the Toxics Release Inventory Program (TRI) and mandates that
certain businesses submit reports each year reporting the amounts of 654 chemicals and chemical
categories the facilities released, either routinely or by accident. Starting with reporting year 1994, all
federal facilities were also required to report.
The purpose of TRI is to provide to community and government officials information about chemical
releases into the environment. 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.
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EPCRA Section 313 Release Reporting Requirements
A factory, plant or other facility is subject to the reporting requirements if it meets all of the following
three criteria:
+It conducts manufacturing operations included in the Standard Industrial Classification (SIC) codes 10
(except 1011, 1081, and 1094); 12 (except 1241); 20 through 39; 4911, 4931, or 4939 (limited to facilities
that combust coal and/or oil for the purpose of generating power for distribution in commerce); 4953
(limited to facilities regulated under the Resource Conservation and Recovery Act, subtitle C, 42 U.S.C.
§ 6921 et seq^); 5169; 5171; or 7389 (limited to facilities primarily engaged in solvent recovery services on
a contract or fee basis). In addition, all federal facilities are included.
+It has 10 or more full-time employees (or the equivalent of 20,000 hours per year)
+It manufactures, imports, processes or otherwise uses any of the listed toxic chemicals under EPCRA
Section 313(c) and 40 C.F.R. § 372.65, in excess of the threshold quantity established under EPCRA
Section 313(f) and 40 C.F.R. § 372.25, § 372.27, or § 372.28, during the calendar year. Manufactures or
processes more than 25,000 pounds or otherwise uses more than 10,000 pounds of any listed chemical
during the calendar year. Persistent, bioaccumulative and toxic (PBT) chemicals are subject to different
thresholds of 10 pounds, 100 pounds or 0.1 grams depending on the chemical.
Getting Information About the Toxic Chemical Releases
The primary purpose of EPCRA Section 313 is to make annual toxic chemical release and transfer data
available for public scrutiny. EPA satisfies this mandate by annually publishing the Public Data Release
(PDR), State Fact Sheets, and several data access tools, including the TRI Explorer
(http://www.epa.gov/triexplorer) and Envirofacts (http://www.epa.gov/enviro). Annual PDRs and
State Fact Sheets form the focal point of EPA's efforts to make TRI data publicly available, as EPA
issues these publications directly to state officials, the media, libraries, business interests, and community
groups.
Ways TRI Can Help Your Tribe
The TRI database can provide your Tribe with the following types of information:
^ 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 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 accessed by year, chemical, facility, county, city and zip code in a format tailored to
meet your needs.
EPA Region 10's Public Environmental Resource Center maintains a video lending library and
distributes documents pertaining to the Toxics Release Inventory Program for those residing in
Alaska, Idaho, Washington and Oregon.
The EPCRA Hotline provides regulatory, policy, and technical assistance to Federal agencies,
local and state governments, the public, the regulated community, and other interested parties in response
to questions related to EPCRA. The Hotline provides information on the availability
of documents related to EPCRA and copies of selected EPCRA documents on a limited basis.
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The hotline is open weekdays from 8:30 a.m. - 7:30 p.m. EST. For more information or
assistance, call (800) 424-9346 (or 703 412-9810). Numerous documents pertaining to TRI are available
through the EPCRA Hotline or from the Internet at http://www.epa.gov/tri/.
EPA's Enforcement and Compliance Assurance Office provides information on enforcement
statistics, penalty policies, policy on supplemental environmental projects, self-disclosure policy,
enforcement cases, compliance assistance programs and documents, and numerous other resources
concerning enforcement and compliance.
OSWER Hotline
The Office of Solid Waste and Emergency Response (OSWER) has a hotline to answer questions about
several regulations. When calling the hotline, you will need to be familiar with the names of the
regulations it covers and have very specific questions in mind. The hotline is designed to answer
questions about the following regulations: Resource Conservation and Recovery Act (RCRA),
Underground Storage Tanks (UST), Superfund and Emergency Planning and Community
Right-to-Know. The numbers for this hotline are: 1-800-424-9346 or 1-800-535-0202.
Telecommunications device for the deaf (TDD) access is available at (800) 553-7672.
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Office of Waste and Chemicals Management Contact Information
Program
Solid Waste
TSWAN
Indian Lands Open
Dump Clean-up Program
Circuit Rider
Recycling Coordinator
OSWER Hotline
Asbestos
Regional Lead
Coordinator
PCBs
Hazardous Waste
Handlers /Tribal Land
Hazardous Waste
Handlers /Inventory
Technical
Assistance/Hazardous
Waste
Voluntary Cleanup
Actions
Hazardous Waste Permits
Name
Grover Partee
Fran Stefan
Grover Partee
Al Latourette
Domenic Calabro
N/A
Carmen Caldwell
Barbara Ross
Dan Duncan
WA Jack
Boiler
OR, Jamie
ID, Sikorski
AK
Ofelia Erickson
Jack Boiler
Jack Boiler
Jan Palumbo
Phone
(206)553-6697
(206)553-6639
(206)553-6697
(206)553-8202
(206)553-6640
1-800-424-9346
1-800-535-0202
TDD:
1-800-553-7672
(206)553-4762
(206) 553-1985
(206)553-6693
(360)753-9428
(206)553-5153
(206)553-2583
(360)753-9428
(360)753-9428
(206)553-6702
Email
partee .grover@epa.gov
stefan.fran@epa.gov
partee.grover@epa.gov
latourette.al@epa.gov
calabro.domenic@epa.gov
N/A
caldwell.carmen@epa.gov
ross.barbara@epa.gov
duncan.daniel@epa.gov
boller.jack@epa.gov
sikorski.jamie@epa.gov
erickson.ofelia@epa.gov
boller.jack@epa.gov
boller.jack@epa.gov
palumbo.jan@epa.gov
Mail-
stop*
WCM-
128
WCM-
128
WCM-
128
WCM-
128
WCM-
122
N/A
WCM-
128
WCM-
128
WCM-
128
WOO
WCM-
126
WCM-
122
WOO**
WOO**
WCM-
121
Tribal Resource Guide - Working Draft - January 2004 62
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Hazardous Waste
Management Grants for
Tribes
Toxics in Your
Community (TRI)
EPCRA Hotline
Nina Kocourek
Christina Colt
N/A
(206)553-6502
(206)553-4016
1-800-535-0202
TDD:
1-800-553-7672
kocourek.nina@epa.gov
colt.christina@epa.gov
N/A
WCM-
122
WCM-
128
N/A
*EPA Address:
US Environmental Protection Agency Region 10
Name, Mail-stop
1200 6th Avenue
Seattle, WA 98101
**WOO - Washington Operations Office Address:
US Environmental Protection Agency
Washington Operations Office
300 Desmond Dr. S.E. Suite 102
Lacey, WA 98503
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WATER
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Office of Water
MISSION:
EPA Region 10's Office of Water's mission is to restore, maintain, and enhance the overall quality of the
Region's water resources in order to protect the health and diversity of the environment for present and
future generations by protecting diverse ecosystems and ensure healthy watersheds; safeguarding human
health through vigorous protection of ground and surface waters and drinking water sources; preventing
and minimizing the discharge of pollutants to land, air, and water; and promoting stewardship for the
Region's waters through education and public involvement.
Tribal Water Program Activities
€1 Drinking Water
IH Ground Water Protection
IH Water Quality Standards
H Wastershed Restoration (TMDLs)
H Wastewater/NPDES
IH Grants
Useful information on EPA's water programs which impact Tribes can be found on EPA Region 10's
Tribal Water Programs website at www.epa.gov/rlOearth/tribalwater.htm.
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O Drinking Water
The work of RegionlO's Drinking Water Unit (DWU) is comprised of several different programs: Safe
Drinking Water Act (SDWA) oversight in States and Direct Implementation for Indian Tribal Water
Systems, Drinking Water Compliance Program, Compliance Data Management, State Revolving Funds
(SRF), and the Construction Grants Indian Set Aside (ISA) programs under the SDWA and Clean Water
Act (CWA). These programs are authorized primarily under the recently reauthorized SDWA of 1996
and other statutes, regulations and guidance, whose common goal is safe drinking water and protection
of public health. More information on the major program areas and services of the DWU is listed below
or you can visit the web site at: http:/7www.epa.gov/rlDearth/
Tribal Drinking Water Protection Program
One of the most basic needs of any community is safe and clean drinking water. Over 500,000 people
rely on the quality of drinking water provided by community water systems owned by Tribes. Many
Tribes have seen treatment costs increase over the past decade, and contaminant threats continue to
increase as old infrastructures, such as septic tanks, underground gas tanks, and wastewater facilities,
deteriorate. In 1998, seven percent of public water systems serving tribal populations violated
health-based contaminant-related federal drinking water standards.
Public Water System Supervision (PWSS) Program
EPA implements the PWSS (drinking water) program on Indian Lands until the individual Tribes
determine to seek and obtain program primacy within their reservations. At this time EPA regulates
about 100 public water systems and is aware of at least 180 additional drinking water systems on Indian
Lands that currently report to the respective state drinking water programs. Limited funding and
personnel have caused EPA to leverage available financial and personnel resources with other agencies
and NGOs for the best possible protection of public health and compliance with Safe Drinking Water
Act requirements.
Currently, Region 10 is funding two Tribal Utility Consultant positions with the Indian Health Service to
assist Tribes with their drinking water systems. Additionally, Region 10 is funding two Senior
Environmental Employee positions within Region 10 to provide additional technical support and data
tracking support to public water systems on Indian Lands. In 2002, the Region also made grants to the
Small Utilities Service Corporation (SUSC), which in turn contracted with Arasmith Consulting
Resources (ACR) to provide a wide range of technical support and training to water operators and
utilities staff on Indian Lands. These services include onsite circuit rider assistance, water system/utility
evaluations and development support, workshops and hands-on training, as well as training for operator
certification. Many of these training opportunities are brought to the reservations or nearby locations to
minimize travel time and costs to participants. The services themselves are provided at no charge to the
Tribes, or to staff from non-tribal water systems located on Indian Lands.
Information on EPA's drinking water standards and requirements for small water systems may be found
online at EPA's drinking water website, www.epa/safewater and its connecting links, or by calling Craig
Paulsen at (206)-553-4350. Training schedules, as well as downloadable information and links to other
technical service providers, may be found online at www.susc.org. or by calling ACR at (541)-928-5211.
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Direct Implementation on Tribal Lands
EPA directly implements drinking water programs on Indian Lands including Public Water System
Supervision (PWSS), Corrosion Control, Underground Injection Control (UIC), and Wellhead
Protection. Compliance assistance is supported through technical assistance, on-site support hands-on
training and coordination with Indian Health Service (IHS) resources.
The Drinking Water Unit responsibilities are essentially the same role that states play when they have
assumed primacy for a program (accepted delegation), as well as performing in a federal oversight role
until such time as these programs may be delegated to the individual Tribes. There are 43 Indian Tribes
in Region 10 that have public water systems, not including some 226 Alaska Native Villages which are
being addressed through a separate EPA/State/Native Corporation series of programmatic efforts,
pending resolution of jurisdictional issues in the courts. EPA sponsors a technical assistance program to
help tribal water operators and tribal utility managers meet the requirements of the SDWA as they
provide safe drinking water to their people. The Unit works with the Indian Health Service, contractors
and the Native American Water Association to provide workshops, circuit rider assistance,
apprenticeships, and other support to assist Tribes in developing their own utility organizations, as a
means to protect public health and the reservation environment. Monitoring results required of the
approximately 115 public water systems that serve the 38 Tribes are tracked to facilitate compliance
assistance and, when necessary, undertake formal enforcement actions to ensure compliance with SDWA
requirements.
Additional Information:
Safe Drinking Water Hotline - 1-800-426-4791 or email: hotline-sdwa@epamail.epa.gov
"The First STEP for Small Drinking Water Systems in Understanding Drinking Water Regulations",
EPA Office of Ground Water and Drinking Water, March 2002, Publication# EPA 816-R-02-004.
This document is one in a series of Simple Tools for Effective Performance (STEPP) documents for small drinking water
systems produced by EPA All of these documents are available from EPA by calling the Safe Drinking Water Hotline
(phone number listed above) and requesting the document by its publication number.
EPA's Small Systems Web Site - http://www.epa.gov/safewater/smallsys.html
Technical Assistance:
National Rural Water Association
1-800-332-8715
http: / /www.nrwa.org
Rural Community Assistance Program
(703) 771-8636
http: / /www.rcap.org
Rural Utilities Service
(202) 720-0962
http: / /www.rurdev.usda.gov/rus /index.html
EPA Regional Office - please see end of this chapter for contact information.
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Source Water Protection
Nationwide, more than 80 percent of drinking water systems report having at least one potential source
of contamination within two miles of their water intake or well. Sometimes the source of drinking water
contamination is something commonly used and is not noticed because it may take years to reach the
water supply. One solution is protecting the source from contamination instead of remediation, added
chemical treatment, and investment of new technology. Protecting the source can be more cost effective.
If harmful pathogens and chemicals are kept out of the river, lakes, or aquifers that Tribes use as drinking
water then the risk to human health is lowered significantly. This first barrier - source water protection
- is not the only barrier to safeguard human health against waterborne contaminant threats. Yet it is an
important first step that can save money and decrease risks to human health. Currently only 3,300 out
of 55,000 water suppliers use protection measures to lower the risk of source water contamination. A
tribal water supply operator should assess the sources of drinking water and identify the potential
problems to help determine what actions are needed to prevent contaminants of the drinking water
sources.
For more information on source water assessments please see "Drinking Water Quality in Indian
Country: Protecting Your Sources." This document makes reference to other materials that are helpful in
determining how to conduct a source water assessment.
Wellhead Protection
EPA Region 10 has started a new program to support efforts to protect drinking water supplies on tribal
lands. Evergreen Rural Water of Washington carries out the program in order to protect the health of
Native American communities. A facilitator is supplied to make sure that local goals are set based on the
unique needs of each community. The facilitator can assist in susceptibility assessments; grant
applications, public education campaigns, drafting regulations, and emergency planning. For more
information call Evergreen Rural Water of Washington, Oregon Association of Water Utilities, or the
Idaho Rural Water Association: Washington Area Tribes (800) 272-5981, Oregon Area Tnbes(503)
873-8353, Idaho Area Tribes (800) 962-3257
Underground Injection Control (UIC) Program
The UIC Program works with State and local governments to oversee underground injection of waste in
order to prevent contamination of drinking water resources. The Underground Injection Control (UIC)
Program, authorized by the Safe Drinking Water Act, is designed to prevent ground water contamination
from injection wells. Most injection wells in the Pacific Northwest and Alaska are relatively simple
devices used to emplace fluids into the shallow subsurface under the force of gravity. Examples include
sumps, drywells, and drainfields. The threat posed to ground water quality varies markedly, and depends
mostly upon the volume and nature of the fluids injected, well construction, and the hydrogeologic
setting. The federal UIC regulations and additional state requirements are based upon a protective
performance standard.
0 Ground Water Protection
EPA/IHS Tribal Onsite Sewage System Evaluation Project
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The Environmental Protection Agency (EPA) and Indian Health Service (IHS) are working together to
evaluate large capacity on-site systems (designed to serve 20 or more people) serving Tribal Casino's,
offices or schools within Region 10. The purpose of this evaluation is to assess the performance and
identify any impacts to ground water.
Possible outcomes from this project include recommendations for individual system operators and
supporting data for EPA to use in setting environmental policy related to large capacity on-site systems.
For more information please see the supporting document "Quality Assurance Project Plan." You may
find it on the EPA RIO web site at: http:/7www.epa.gov/rlOearth.
For EPA project contacts please check contact list at end of chapter, see Ground Water Protection.
Sole Source Aquifer Program
A sole source aquifer (SSA) is an underground water supply designated by the Environmental Protection
Agency (EPA) as the "sole or principal" source of drinking water for an area.
The Safe Drinking Water Act authorizes EPA to designate aquifers which are the sole or principal source
of drinking water for an area. To meet the criteria for designation, a sole source aquifer must supply at
least 50 percent of the drinking water to persons living over the aquifer and there can be no feasible
alternate source of drinking water. Once designated, EPA can review proposed projects that are to
receive federal funds and which have the potential to contaminate the aquifer.
For more information please see the EPA website: http: / /www.epa.gov/rl Oearth
Or contact the Sole Source Aquifer Program Specialist
Leaking Underground Storage Tank (LUST) Program & Underground Storage Tank (UST)
Program
The LUST Program works with states and Tribes to clean up known releases from USTs using a federal
trust fund, as well as state insurance and clean-up funds.
If a release is discovered please contact your technical assistance provider immediately. Please see the
technical assistance contact information listed below. The sooner a release is reported the easier and
usually cheaper it will be to cleanup. Contamination from a UST release can potentially impact off-site
lands such as neighboring water wells, basements (vapor), etc.
EPA has awarded nearly $4 million dollars in USTfields Grants to states and Indian Tribes nationwide
for site assessment and cleanup of releases from USTs. Check out the EPA HQ USTfields web site
http://www.epa.gov/swerustl/ustfield/index.htm for further details, or contact Wally Moon, EPA, for
more information.
The EPA contacts available for technical assistance under the UST program are listed at the end of this
chapter.
Additional Information (Contactyour Regional EPA office)
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"Musts for USTs: A Summary of the New Regulation for Underground Storage Tank Systems," U.S.
EPA, OUST, 7/90
"Dollars and Sense: A Summary of the Financial Responsibility Regulations for Underground Storage
Tank Systems," U.S. EPA, OUST, 12/88
"Don't Wait Until 1998, Spill, Overfill and Corrosion Protection for Underground Storage Tanks," U.S.
EPA, OUST, 4/94
"Closure Guidance for Underground Storage Tanks (USTs) on Indian Lands, Region 10 EPA," U.S.
EPA RIO, 2/02
O Water Quality Standards
Water Quality Standards for Indian Country
The EPA's Indian Policy, established in November of 1984, and 1987 amendments to the Clean Water
Act, section 518, have led to greater involvement by Indian Tribes in the water quality standards
program. The Agency, directed by EPA's Indian Policy, is to "give special consideration to tribal
interests in making Agency policy and to ensure involvement of tribal governments in decision making
and management of environmental programs which affect reservation lands." Section 518 of the Clean
Water Act (CWA) requires EPA to promulgate regulations that specify how the Agency will treat a Tribe
in a manner similar to that in which it treats a State for certain CWA programs. In addition, section 518
requires EPA to establish a mechanism to resolve any unreasonable consequences that may arise when an
Indian Tribe and a State adopt different water quality standards on a common body of water, also known
as a dispute resolution mechanism. The necessary regulations and associated guidance for the 1987
Amendment to the CWA have been in place since December 12, 1991. There is no statutory
requirement that a Tribe must apply for treatment in the same manner as a State for the water quality
standards program. Nor is there a time limit for the application to be submitted.
Water quality standards are laws or regulations adopted by an Indian Tribe or a State to protect the
quality of its water and to act as the goals for water quality that's desired. At the core of any State's or
Indian Tribe's water quality management program is water quality standards because the program must
meet the standards. Water quality standards are adopted for specific waterbodies. All waters in the
United States must have water quality standards, which includes rivers, streams, intermittent streams,
lakes, ponds, wetlands, and marine waters.
When water quality standards are set a Tribe or State designates "uses" for each waterbody, and adopts
water quality "criteria" to protect the "designated uses." Water quality standards must also contain an
antidegradation policy and method for implementing it. Programs that are designed to improve or
protect water quality must also meet water quality standards. For example, permits issued under the
National Pollutant Discharge Elimination System (NPDES) must meet water quality standards.
Criteria for administering a water quality standards program?
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CWA, section 518(e) and 40 CFR 131.8(a) states that an Indian Tribe must meet certain criteria to
administer a water quality standards program. There are four main criteria:
S the Tribe must be recognized by the Secretary of the Interior;
S the Tribe must have a governing body which exercise substantial duties and powers (this
includes governmental functions that promote the security, health, safety, and welfare of an
affected population);
i/ the water quality standards program to be administered by the Tribe must include management
and protection of the water resources within the borders of the Indian Reservation ( a
demonstration of why the Tribe has jurisdiction over activities of non-Indians within the
Reservation is also needed — EPA can be consulted for guidance on this); and
S the Tribe is expected to be reasonably capable of implementing an effective water quality
standards program (this means that the Tribe must have the necessary management and
technical skills to implement a program, or must submit a plan for acquiring those skills).
EPA will work with tribal representatives to assure that the application for authority and the tribal
program are complete, so that tribal recognition as a State may be granted. EPA also works with Tribes
to develop the necessary management and technical skills required to develop and implement water
quality standards.
Process for the review of a Tribal application:
& Tribe submits an application for treatment as a State to the EPA Regional Administrator (John
lam);
£? EPA public notices the application and requests comment from neighboring governmental
entities regarding the jurisdictional portion of the application
& The Regional Administrator evaluates the application, considers all comments from
neighboring entities, and makes a determination. Although EPA considers the comments
from other government entities, EPA makes an independent evaluation of the Tribes's
application.
& If the Regional Administrator determines that a Tribe has demonstrated authority with respect
to a specific area, the Tribe will be granted authority to assume the water quality standards
program for the areas where the authority is certain.
The intent of Congress and EPA's Indian Policy is to support and assist tribal governments in assuming
authority to manage various water programs. Authority also exists for EPA to reassert control over
certain water programs if a Tribe fails to properly execute the water quality standards program.
Establishing water quality standards for waters within the Reservation:
There are three pathways that a Tribe may take in regards to water quality standards.
One path is to do nothing. The waters will not be protected by any water quality standards. If EPA
issues an NPDES permit for tribal waters the adjacent State's water quality standards are generally used
to develop effluent limits in the permit. There are no Federal WQS that can be used for Tribes that do
not adopt their own. EPA continues to examine, in consultation with Tribes, whether to do a national
promulgation of water quality standards for Indian country to fill this regulatory gap.
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Another path, available to all Tribes, is to develop and adopt water quality standards under tribal law
without obtaining treatment in the same manner as a State under the Clean Water Act or submitting the
standards to EPA for review and approval under the Clean Water Act. This may be the decision if a
Tribe does not feel that they can demonstrate jurisdictional authority over all waters on the Reservation
as required by the process for being approved for treatment in the same manner as a State under the
Clean Water Act for water quality standards. EPA is available to work with the Tribe and informally
review draft standards, and in so doing can help assure that the standards will be consistent with the
Clean Water Act. Although these Tribally adopted water quality standards will not be EPA approved, if
there came a time when the Tribe decided to pursue and receive WQS program authority then it would
be a much easier process to have the water quality standards approved. While Tribally adopted water
quality standards are not legally binding under the Clean Water Act, they can sometimes help influence
State decisions in regards to adjacent bodies of water and can be used on-Reservation for control of
regulated nonpoint sources.
The third path, available to Tribes with reservation status, is to receive WQS program authority, adopt
Tribal water quality standards and work with EPA to get them approved. Tribal water quality standards
must meet the Federal CWA standards. Tribes follow the same process as States in developing and
adopting water quality standards, including providing for public review and comment before finalizing
the standards. EPA's review and approval of the standards must meet not only the CWA requirements,
but must also include consultation with the US. Fish and Wildlife Service or NAA Fisheries under
Section 7 of the Endangered Species Act. Therefore the review and approval process can be somewhat
lengthy. The key to working with the EPA water quality standards staff is to contact them early and
often for review of drafts of the standards and to make sure that the most recent developments in the
standards and criteria programs are available for the Tribe's use in their standards. EPA approved water
quality standards are legally binding and will directly influence decisions that are made about Tribal waters
and upstream waters.
Finally, EPA may promulgate Federal Standards in cases where EPA finds it necessary. If the
Administrator of EPA believes that water quality standards are critical to protect a waterbody and the
Tribe is not developing standards and has not applied for treatment in the same manner as a State such a
case may occur. EPA promulgates Federal standards only as a last resort and does so with tribal
involvement. These promulgations are resource-intensive, so EPA will generally seek other ways to
work with the Tribe to assure that Clean Water Act standards are in place if needed.
What happens if a Tribe and a State have adopted different standards on the same body of water
(such as a lake), or on a segment of a body of water (such as a river)?
The mechanism for resolving situations such as this is referred to as the "dispute resolution mechanism."
Dispute resolution is the mechanism for resolving unreasonable consequences that arise as a result of
different water quality standards set by States and Indian Tribes on a common body of water. The
parties to a State-Tribal dispute are the State and the Tribe and may also include NPDES permittees,
citizens, citizen groups, or other affected entities. Dispute resolution actions must be consistent with one
or a combination of options: mediation, arbitration, and default procedure.
EPA resolves disputes when:
S Unreasonable consequences result from differing standards on adjacent jurisdictions
S Dispute is between State and Indian Tribe
S Effort is made to resolve without EPA
i/ Requested relief is consistent with CWA
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Differing standards were approved by EPA
Valid written request was submitted to EPA
Either a State or a Tribe may request that EPA resolve a dispute. The written request to EPA is to
include:
i/ Statement of unreasonable consequences
i/ Description of actions taken to resolve dispute
i/ Indication of the water quality standards provision in question
S Data to support alleged unreasonable consequences
S Statement of the relief sought
For more information on the dispute resolution mechanism please see 40 CFRPart 131.7.
Resources
For Developing Water Quality Standards
H Training: 5 day workshop held in Washington D.C. - "Water Quality Standards Academy."
Contact: Bill Kramer (202) 566-0385
IH Helpful Documents: Please call the water quality standards unit and they will help determine
which documents would be of most use. Usually the most helpful documents are examples of
other Tribally adopted and EPA approved water quality standards (see:
http://epa.gov/wqsdatabase). EPA also maintains an online reference library that can be
accessed at http://www.epa.gov/OST/library/wqstandards. The on-line library contains
technical and policy documents to guide the development of standards.
CONTACT INFORMATION:
Office of Water, Water Quality Standards and Planning Unit — please see the website at
http://www.epa.gov/rlOearth/wqs.htm
Please see end of chapter contact information or visit the National EPA water quality standards website:
http: / /www.epa.gov/ost/standards /tribal /
O Watershed Restoration (TMDLs)
Watershed Restoration Unit (WRU)
The Watershed Restoration Unit (WRU) provides technical support to Region 10 states and authorized
Tribes to develop technically sound Total Maximum Daily Load (TMDL) documents (water clean-up
plans). EPA reviews and either approves or disapproves TMDLs, which are developed by States or
authorized Tribes. In some cases, EPA prepares or jointly prepares TMDL documents. Authorized
Tribes are defined as Tribes with EPA approved "Treatment as a State (TAS)" status and water quality
standards (WQS).
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Overview of Current Total Maximum Daily Load (TMDL) Program and Regulations
Section 303(d) of the Clean Water Act
Under section 303(d) of the 1972 Clean Water Act, states, territories, and authorized Tribes are required
to develop lists of impaired waters that do not meet water quality standards that states, territories, and
authorized Tribes have set for them. The law requires that these jurisdictions establish priority rankings
for waters on the lists and develop TMDLs for these waters.
Nationally over 40% of our assessed waters still do not meet the water quality standards states, territories,
and authorized Tribes have set for them. This amounts to over 20,000 individual river segments, lakes,
and estuaries. These impaired waters include approximately 300,000 miles of rivers and shorelines and
approximately 5 million acres of lakes — polluted mostly by sediments, excess nutrients, and harmful
microorganisms. An overwhelming majority of the population - 218 million - live within 10 miles of an
impaired water.
What is a Total Maximum Daily Load (TMDL)?
A Total Maximum Daily Load (TMDL) is a "pollution budget" for a polluted water body, which provides
a written assessment of water quality problems, identifies the pollutant sources that contribute to the
problems, and sets pollutant allocations for these sources. A TMDL is required by the federal Clean
Water Act for any water body that does not meet the state's7 WQS for a specific pollutant. A TMDL
clearly identifies the links between the water body use impairment or threat of concern, the causes of the
impairment or threat, and the pollutant reductions that are needed for the water body to meet the state or
authorized Tribe's water quality standard for that pollutant.
What Is The TMDL Process?
The TMDL process provides a flexible assessment and planning framework for identifying load
reductions or other actions needed to attain water quality standards (i.e. water quality goals to protect
aquatic life, drinking water, and other water uses). The process has three steps:
1. Identify Quality Limited Waters- States and authorized Tribes identify and prepare a list of
waters that do not or are not expected to meet water quality standards.
2. Establish Priority Waters/Watersheds- States and authorized Tribes prioritize
waters/watersheds and target high priority waters/watersheds for TMDL development.
3. Develop TMDLs- For listed waters, States and authorized Tribes develop TMDLs that will
achieve their water quality standards, allowing for seasonal variations and an appropriate
margin of safety. For waters lying entirely within tribal boundaries or for portions of waters
that lie within tribal boundaries and where the Tribe does not have authorization to develop
TMDLs, EPA can develop the TMDLs on tribal waters, usually with major assistance from
the Tribe in the development of these TMDLs. In waters which are on both state and tribal
boundaries, EPA, the Tribe and the state will often develop the TMDLs jointly.
4.
EPA has 30 days in which to approve or disapprove a TMDL. If EPA disapproves a TMDL, EPA has
30 days to establish the TMDL. EPA must seek public comment on the TMDL it establishes.
7 The term "State" in this section refers to both states and Tribes with EPA-approved "treatment-as-
a-state" status and water quality standards.
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What Do TMDLs Address?
TMDLs should address all significant stressors which cause or threaten to cause waterbody use
impairment, including:
• point sources (e.g., sewage treatment plant discharges),
• nonpoint sources (e.g., runoff from fields, streets, range, or forest land), and
• naturally occurring sources (e.g., runoff from undisturbed lands).
A TMDL is the sum of the individual wasteload allocations for point sources, load allocations for
nonpoint sources and natural background pollutants, and an appropriate margin of safety. TMDLs may
address individual pollutants or groups of pollutants, as long as they clearly identify the links between:
• the waterbody use impairment or threat of concern,
• the causes of the impairment or threat, and
• the load reductions or actions needed to remedy or prevent the impairment.
What are TMDLs Based On?
TMDLs are usually based on readily available information and studies. In some cases, complex studies or
models are needed to understand how stressors are causing waterbody impairment. In many cases, simple
analytical efforts provide an adequate basis for stressor assessment and implementation planning.
TMDLs and Implementation Measures
While development of the TMDL is a regulatory requirement, the TMDL itself is not a regulatory or
enforcement tool; it does not in and of itself require pollution sources to take cleanup actions. Rather,
the TMDL provides an analytical basis for planning and implementing pollution controls, land
management practices, and restoration projects needed to protect water quality. Implementation actions
may be done through voluntary efforts, or through regulatory programs such as National Pollutant
Discharge Elimination System (NPDES) permits or Superfund. States and authorized Tribes are required
to include approved TMDLs and associated implementation measures in State and Tribal water quality
management plans or basin plans.
How Tribes Can Get Involved:
• The Watershed Restoration Unit (WRU) coordinates and, when appropriate, consults with
federally recognized Indian Tribes as part of the process of developing and/or reviewing
TMDLs which impact tribal reservations and/or tribal resources that are outside of Indian
reservation boundaries (including treaty-protected "usual and accustomed" hunting and fishing
areas and subsistence areas under state and federal jurisdiction).
• In certain cases, WRU will develop TMDLs on tribal waters, with major assistance with the
Tribes. Tribes usually provide data, input on the technical approach, and even prepare
portions of the TMDL documents.
• EPA recommends that Tribes get involved early in state-led efforts to develop TMDLs. The
Tribe can provide its own knowledge, data and information as well as its perspective on these
state-led efforts.
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• Every year WRU has an annual planning process with states that identifies the TMDLs that
will be done in the upcoming year. EPA provides Tribal leaders with a state's list of TMDLs
scheduled for development during the next year via hard copy and email. Tribes can identify
TMDL actions in which they would like to be involved early in the process.
• EPA recommends that the Tribes actively participate during public comment periods during
TMDL development. Check regularly the Region 10 state websites as they announce the
public comment periods for draft water quality assessments and TMDLs at
http://www.state.ak.us/dec/dawq/tmdl/index.htm (AK),
http://www.deq.state.id.us/water/waterl.htm (ID),
http://www.deq.state.or.us/wq/tmdls/tmdls.htm (OR),
http://www.ecy.wa.gov/prograrns/wq/tindl/index.htinl (WA)
• For more information on the Tribal Coordination and Consultation Policy for the TMDL
Program please contact the Tracy Chellis at 206-553-6326 or review the policy on EPA's
website under either at www.epa.gov/rlOearth/trndl.htin or
www.epa.gov/rlOearth/tribalwater.htm (under TMDLs).
For more information, see EPA Region 10's TMDL web site at:
http://www.epa.gov/rlOearth/tmdl.htm
This website contains information on:
• Region 10 Impaired Waters List
• Region 10 Specific TMDL Information
AK, ID, WA and OR TMDL Information
• Columbia and Snake River TMDLs
Region 10 TMDL Contacts
• Overview of the TMDL Process (statute/regulations)
• Technical Documents
• Water Quality Standards
Other useful websites include the national TMDL website at www.epa.gov/owow/tnidl/ and EPA
Region 10's tribal water programs website at www.epa.gov/rlOearth/tribalwater.htm.
• Wastewater/NPDES
NPDES Permits Program
The work of Region 10's National Pollutant Discharge Elimination System (NPDES) Permits Unit
(NPU) is comprised of several different programs: NPDES Permits, pretreatment, the wet weather
(including stormwater), biosolids, and NEPA. These programs are authorized under the Clean Water Act
(CWA) and other regulations and guidance, whose common goal is to protect waters of the United States
for their designated uses (i.e. recreation, drinking water, aquatic life etc.). More information on the
program is listed below or you can visit the web site at: http://www.epa.gov/rlOearth/
NPDES Permits Program
EPA Region 10 issues NPDES permits to all facilities in Idaho and Alaska, to facilities on tribal lands in
Oregon and Washington, and to federal facilities in Washington. Managing the permit program also
includes permit administration (permit processing, public noticing, public hearings, data management,
etc.) as well as oversight of the Oregon and Washington NPDES permit programs. NPDES permits are
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required for any point source that discharges pollutants to waters of the United States. Waters of the
United States includes lakes, streams, marine waters, natural wetlands, irrigation canals, tundra etc.
NPDES permits contain effluent limits which reflect the more stringent of technology-based limits or
limits necessary to meet water quality standards. Permits also include requirements for monitoring,
reporting and specialized planning. Before EPA can issue or reissue an NPDES permit on tribal land,
those Tribes that are authorized to administer the water quality program must certify that the NPDES
permit is consistent with Tribal water quality standards by issuing a Clean Water Act Section 401
certification. During the 2003-2005 planning cycle the NPU expects to issue permits to approximately 50
facilities on tribal lands in an effort to reduce the backlog of all facilities (major and minor) to 10% by
2005.
Pretreatment Program
EPA, the delegated states of Oregon and Washington, and publically owned treatment works (POTWs)
manage pretreatment programs that regulate the discharge of industrial wastewater into sanitary sewer
systems. Pretreatment programs include ordinances, education, inspections, monitoring and
enforcement. Such requirements are designed to control pollutants which can interfere with treatment
plant processes, pass through the municipal treatment plant, causing problems in receiving bodies of
water, contaminate sludge enough to limit beneficial uses, or threaten worker health and safety.
Region 10's pretreatment program directly oversees the implementation of 14 approved municipal
pretreatment programs in Alaska and Idaho. In addition, the Region oversees the delegated State
pretreatment programs in Oregon and Washington. The Region also oversees categorical industrial users
discharging to POTWs other than those with approved pretreatment programs.
For inquiries regarding the pretreatment program please see the contact information at the end of this
chapter.
Wet Weather Program
The wet weather program places controls on the discharge of storm water as well as untreated overflows
from sewage treatment collection systems that are designed to carry both storm water and sewage (i.e.,
combined sewer systems) and those that are only designed to carry sewage (separate sewer systems).
Approximately 30% of identified cases of water quality impairment are attributable to wet weather events
as documented in CWA Section 305(b) reports.
Storm Water
When it rains or snows, the water that runs off of city streets, parking lots, and construction sites
can wash sediment, oil, grease, toxics, pathogens, and other pollutants into nearby storm drains.
Known as storm water runoff, this pollution is a leading threat to public health and the
environment today. The storm water provisions, Section 402(p) of the CWA, defines the
NPDES permit program for storm water discharges to require permits for discharges from eleven
categories of industry, construction sites greater than five acres, and certain municipal separate
storm sewer systems. This first phase of the program focused on the largest sources of
contaminated runoff — big cities, large construction sites, and heavy manufacturing related
industries.
Phase II of the storm water program, established in 1999, requires smaller municipalities within
urban areas to obtain MS4 permits and develop storm water management strategies. Phase II also
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enlarges the scope of the construction permitting program to include any construction activity
disturbing at least one acre.
For more information please see the stormwater contact listed at the end of this chapter.
Combined Sewer Overflows (CSO)
CSO facilities are sewers that are designed to carry both storm water and sanitary wastewater in
the same pipe to the sewage treatment plant. In periods of heavy rainfall or snowmelt, the
wastewater volume can exceed the capacity of the sewer system or treatment plant and overflow
to the nearest body of water. In response to this national problem, EPA developed the 1994
CSO Control Policy which includes the technology-based Nine Minimum Controls and the
requirement to meet water quality criteria through development and implementation of a Lang
Term Control Plan. There are 15 CSO facilities in Region 10 (11 in Washington, 3 in Oregon and 1
in Alaska) none of which are on tribal lands. On December 21, 2000, the Weather Water Quality
Act of 2000 amended Section 402(q) of the Clean Water Act by requiring that "permits, order, or
decrees issued, after the date of enactment, shall conform to the Combined Sewer Overflow
Control Policy..."
Sanitary Sewer Overflows (SSO)
Most sewer collection systems were built to carry only sanitary wastewater. However, due to
problems such as infiltration (i.e., leaky pipes) and inflow (i.e., flow from manholes and roof
drains) of non-sanitary waters these sewers can release raw sewage before reaching the treatment
plant. In order to address SSOs, EPA is revising the national regulations for 1) Capacity,
management, operation and maintenance (CMOM) 2) Record keeping and reporting 3) Public
notification of overflows 4) Municipal satellite collection system permitting and 5) Prohibition of
SSOs. This SSO Rule is expected to be published as proposed in the Federal Register during
Summer of 2003. The preamble to the rule will also discuss permitting of peak excess flow
treatment facilities that are built to handle high flow events.
Biosolids Program
Municipal wastewater sludge, also referred to as biosolids, are by-products of the wastewater treatment
process. Regulations (found in 40 CFR 503) pertaining to biosolids ensure that sewage sludge and
septage is properly handled in disposal or reused as a soil conditioner or fertilizer. Application of the
regulations apply to Tribal communities if the treatment system includes any form of central treatment or
mechanical plant.
Region 10 implements the biosolids program by issuing NPDES permits for sludge generating facilities,
developing cooperative agreements and delegations with States, and controlling septage through
complaint investigation. However, the program is self-implementing (i.e., a permit is not required for the regulations to
the applj or enforcement action to be taken).
For the biosolids program contact information please see the end of this chapter.
National Environmental Policy Act (NEPA) Program
Implementation of the NEPA program in Region 10 entails the preparation of Environmental
Assessments (EAs), Finding of No Significant Impacts (FNSIs), Environmental Impact Statements
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(EISs), and Records of Decision (ROD) for new source NPDES permits and wastewater/drinking water
construction grant projects.
An EA provides documentation to evaluate potential impacts and the need for an EIS. If the impacts are
not considered significant, a FNSI is prepared. However, if the impacts are considered significant, a
comprehensive EIS is developed which discloses the overall impacts of proposed actions and
alternatives. The agency decision is documented in a ROD.
EPA assumes the role of lead agency for NPDES permit actions that occur on private lands, state lands,
or tribal lands and where there is no other federal agency with a permit action. However, more often the
responsible land management agency acts as lead agency for the EIS, with EPA acting as a cooperating
agency.
For inquiries about NEPA please see the end of this chapter.
Additional Information
Refer to the Federal Water Pollution Control Act of 1972, 33 U.S.C. 1342.
"EPA Administered Permit Programs: The National Pollutant Discharge Elimination System," the
Federal Register. 40 CFR 122.
Regulations for sewage treatment plants can be found in the Federal Register. 40 CFR 133.
The Sewage Sludge Final Rule can be found in the Federal Register. 40 CFR Part 503.
"Pretreatment Requirements; Final Rule," the Federal Register. 40 CFR 403.
O Grants
Clean Water Act (CWA) SRF Indian Set Aside (ISA)
The CWA ISA Grant Program provides grant money for planning, design and construction of
wastewater treatment facilities for Indian Tribes and Alaska Native Villages. EPA administers grants in
cooperation with the Indian Health Service (IHS). This partnership maximizes the technical resources
available through both agencies to address tribal sanitation needs. The ISA Program uses IHS's
Sanitation Deficiency System (SDS) to identify high priority wastewater projects for funding. More
information can be found on the EPA RIO website at:
http: / 7www.epa.gov/rl Oearth/
Click Water Quality, then Drinking Water, then scroll down to Tribal/Indian Infrastructure Grants
Program.
For ISA contacts please see the end of this chapter.
Drinking Water Infrastructure Grants (DWIG) Tribal Set-Aside (TSA) Program
The TSA program is a set-aside of funds from annual federal appropriations made to fund the State
Revolving Fund (SRF), a loan fund authorized under the 1996 Amendments to the Safe Drinking Water
Act (SDWA). It is important to understand that while the SRF is a loan program, the DWIG TSA
Tribal Resource Guide - Working Draft - January 2004 81
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program is strictly for grants to federally recognized Indian Tribes, which includes all the Alaska Native
Villages. The grants may be used for expenditures by Tribes and villages for public water system
expenditures that address the most significant threats to public health associated with public water
systems that serve Indian Tribes. In consultation with the Indian Health Service (IHS) and the Tribes in
their Region, each EPA Region will be responsible for identifying potential projects, for prioritizing those
projects, for selecting the ones to receive funding from its share of the Set-Aside Program allowance.
The national TSA Program guidelines are available to public access on the EPA internet website at:
http://www.epa.gov/safewater/tribes.html
The EPA RIO TSA guidelines were written to minimize the repetition of the national guidelines. The
national guidelines should be read and understood before the RIO guideline document is reviewed. The
Rl 0 TSA guidelines are available at:
http: / /www.epa.gov/rl Oearth/
For TSA contacts please see the end of this chapter.
References: "Final Guidelines: Drinking Water Infrastructure Grants Tribal Set-Aside Program EPA
Region 10", EPA RIO, August 1999. EPA 910-B-99-003
Clean Water Act Section 104(b)(3) Water Quality Cooperative Agreements/Grants
Under the authority of Section 104(b)(3) of the Clean Water Act, EPA makes grants to state water
pollution control agencies, interstate agencies, municipalities, Indian Tribes and other nonprofit
institutions to promote the prevention, reduction and elimination of pollution. Further, the Clean Water
Action Plan (CWAP), released in February 1998, presents a broad vision of watershed protection, and
includes a new, cooperative approach to restoring and protecting water quality. The CWAP asks state,
federal, tribal, and local governments to work with stakeholders and interested citizens to: 1) identify
watersheds with the most critical water quality problems, and 2) work together to focus resources and
implement effective strategies to solve these problems. Priority consideration is being given to
implementing the CWAP and project covering watersheds, and activities addressing stormwater,
combined sewer overflows, mining, on-site systems, and animal feeding operations
Section 104(b)(3) funds are to be used to focus on innovative demonstration and special projects. Among
the efforts eligible for funding are research, investigations, experiments, training, environmental
technology demonstrations, surveys, and studies related to the causes, effects, extent and prevention of
pollution. These activities or projects could fall under one of the following 104(b)(3) funding categories
as indicated in guidance to the regions.
• Institutional Coordination
• NPDES Permits
• Environmental Management Systems (EMS)
• Monitoring and Assessment
• Program Measures and Environmental Indicators
• Public Participation/Outreach
This information is also posted on the EPA web site at:
http://www.epa.gov/owm/mab/indian/index.htm
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To obtain more information about the program, contact the Section 104(b)(3) Regional Coordinator.
The Regional Coordinator solicits and evaluates project proposals for funding.
For CWA 104(b)(3) grants contact information please see the end of this chapter.
Clean Water Act Section 106 Tribal Pollution Grant Control Program
Grants under Section 106 of the CWA are intended to assist Indian Tribes in carrying out effective water
pollution control programs. Up to three percent of the national section 106 allocation of funds is set
aside specifically for Indian Tribes. Federally-recognized Indian Tribes or Intertribal Consortia meeting
the requirements for Treatment as a State (TAS), as set forth under Section 518 (e) of the Clean Water
Act are eligible for these grants. Each member of an Intertribal Consortium must meet the requirements
for TAS. In addition, Tribes must have EPA—approved work plans. Either Tribal staff or consultants
can be used. Some Tribes have used 106 monies along with multi-media funds and other grant monies.
Section 106 grants may be used to fund a wide range of water quality activities including: water quality
planning and assessments; development of water quality standards; ambient monitoring; development of
total maximum daily loads; issuing permits; ground water and wetland protection; nonpoint source
control activities (including nonpoint source assessment and management plans); and Unified Watershed
Assessments (UWA) under the Clean Water Action Plan (CWAP). Where a Tribe already has an
established water pollution control program, it is encouraged to begin implementing specific program
elements, e.g., developing nonpoint source controls, developing and revising Tribal water quality
standards, or developing and implementing ground water programs.
Section 106 funds may be used to fund UWA activities under a Section 106 grant agreement, as approved
by the Regional Administrator. A Tribe need not have an approved UWA to apply and receive a Section
106 grant. Tribes must provide a 5% non-federal match of approved grant work plan costs. Recognizing
that some Tribes will not be able to meet the match requirement with either Federal funds authorized by
statute for matching purposes, or with Tribal funds, EPA welcomes Tribal in-kind contributions toward
the match.
Several successful projects have been carried out under the 106 program. Some examples include:
• Development and refinement of Best Management Practices regime
• Implementation of water quality standards programs
• Reviewed stream classification system/Rapid bioassessment of streams
• Evaluation study of pesticide contamination of surface water
• Groundwater inventory study
• River siltation assessment
Additional Information
"Indian Nations: Water Quality Planning & Management," The Federal Register, vol. 54, no. 68, Apr. 11,
1989.
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"Clean Water for Indian Tribes: A Guide to Financial and Technical Assistance Programs of the United
Staes Environmental Protection Agency," EPA.
Framework Document for Section 106 Grants (March 1996).
This information can be found on the EPA website at:
http://www.epa.gov/owm/mab/indian/index.htm
For CWA 106 grants contact information please see the end of this chapter.
Nonpoint Source Pollution Control
Section 319(h) of the Clean Water Act provides financial assistance for the abatement of water pollution
from nonpoint sources. These sources refer to multiple, diffuse sources of pollution. Primary nonpoint
sources of pollution include runoff from urban areas, agricultural activity, mining and forestry. The
major pollutant from nonpoint sources by volume is sediment. However, runoff may also carry oil,
gasoline heavy metals, and other chemical substances, as well as viruses and other oxygen-demanding
compounds.
Up to one third of one percent of the national section 319 allocation is set aside for Native Americans
with TAS status. Tribal communities can utilize 319 non-regulatory funds for information and education
projects to implement strategies for controlling pollution. Eligibility for funds is determined based upon
a Tribes EPA-approved nonpoint source assessment and nonpoint source management plan (look to the
section 106 program for funding of the assessment and management plans). A project implementation
plan and work plan is also required. Generally, a matching of 40% in non-federal funds is necessary.
Additional Information
"Indian [Nations]: Water Quality Planning & Management," the Federal Register, Vol. 54, No. 68, April
11, 1989, EPA.
"Guidance on the Award and Management of Nonpoint Source Program Implementation Grants under
Section 319(h) of the Clean Water Act," June 11, 1993, EPA.
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EPA Tribal Contacts in the Office of Water
Program
PWSS
Direct
Implementation
Source Water
Protection
Wellhead
Protection
UIC
Groundwater
Protection
Sole Source
Aquifer Program
UST/LUST
Water Quality
TMDL's
NPDES
Storm Water
Pre treatment
Biosolids
CWA ISA/TSA
NEPA
Name
Craig Paulsen
Craig Paulsen
Maryann Helferty
Jennifer Parker
Robin Slate
Eric Winiecki
Todd Bender
AK
WA
ID
OR
A11&
$**
Jackie Poston
Mike
Shephard
Gary McRae
Jim Greeves
Wally Moon
Sally Brough
Marcia Lagerloef
Tracy Chellis
Kelly Huynh
Misha Vakoc
Michael Le
Dick Hetherington
AK
PNW
Dennis
Wagner
Geoff Keeler
Hanh Gold
Phone
206-553-4350
206-553-4350
206-553-1587
206-553-1900
360-753-9082
206-553-6904
206-553-0344
907-271-3541
206-553-0702
208-378-5765
360-753-8072
1-800-424-4372; (206)
553-6903
206-553-1295
206-553-0176
206-553-6326
206-553-8414
206-553-6650
206-553-0325
206-553-1941
907-271-3651
800-781-0983 (AK
only)
206-553-1089
800-424-4372
206-553-0171
Email
paulsen.craig@epa.gov
paulsen.craig@epa.gov
helferty.maryann@epa.gov
parker.jennifer@epa.gov
slate.robin@epa.gov
winiecki.eric@epa.gov
bender.todd@epa.gov
poston.jacqueline@epa.gov
shepherd.mike@epa.gov
mcrae.gary@epa.gov
greeves.jim@epa.gov
moon.wally@epa.gov
brough. s ally@epa.gov
lagerloef.marcia@epa.gov
chellis . tracy@epa.gov
huynh.kelly@epa.gov
vakoc.misha@epa.gov
le.michael@epa.gov
hetherington.dick@epa.gov
wagner.dennisx@epa.gov
keeler.geoff@epa.gov
gold.hanh@epa.gov
Mail-stop*
OW-136
OW-136
OW-137
OW-137
OW-137
OW-137
OW-137
AGO
OW-137
IOO
000
OW-137
OW-131
OW-131
OW-134
OW-130
OW-130
OW-130
OW-130
AGO
OW-136
OW-130
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CWA 104(b)(3)
Grants
CWA 106 Grants
Bettina Stokes
Alan Mooniaw
206-553-2575
360-753-8071
stokes.bettina@epa.gov
moomaw.alan@epa.gov
OW-131
WOO
* US EPA Region 10, Mail-stop .
1200 Sixth Avenue
Seattle, WA 98101
**Grants
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MULTI-MEDIA
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Indian Environmental General Assistance Program (IGAP)
The EPA Indian Environmental General Assistance Program (IGAP) is administered by the American
Indian Environmental Office and Office of Water under the Indian Environmental General Assistance
Program Act of 1992, P. L. 12-497, Section 11, 42 U.S.C. 4368b, as amended, (Public Law 103-155,
11-24-93).
The objective of the program is to provide grants/cooperative agreements to tribal governments and
intertribal consortium to build Tribal environmental, administrative, and legal capacity to administer
environmental regulatory programs on tribal lands. EPA provides technical assistance in the
development of the multi-media projects which can be addressed with this funding.
Activities eligible for funding under this program are those for planning, development and
establishment of Tribal capability to implement environmental protection programs, including the
development of solid and hazardous waste programs. IGAP funding provides the opportunity for Tribes
to develop an integrated environmental program, develop the capability to manage specific programs
and establish a core program for environmental protection. IGAP provides the opportunity for Tribes to
define and develop administrative and legal infrastructures, to conduct baseline assessments and/or
monitoring and do short and long range strategic planning.
The primary purpose of IGAP is to support the development of elements of a core environmental
program such as: (1) providing for tribal capacity-building to assure an environmental presence which will
allow for identifying environmental programs and projects, including developing proposals for
environmental program grants and managing environmental work, (2) fostering compliance with federal
environmental statutes by developing appropriate tribal environmental programs, ordinances and
services, and (3) establishing a communications capability to work with Federal, State, Local and other
Tribal environmental officials.
Although the primary purpose of IGAP is still capacity building, in March 2000, the regulations which
govern IGAP grants were amended to allow for the implementation of solid and hazardous waste
programs.
Restrictions to IGAP
The principal focus of this program is the development of general tribal environmental capability.
Assistance will be provided under this program only for activities which the agency determines are
appropriate to carry out the purposes of the Act. No single grant awarded under this program may be
for an amount exceeding ten percent of the total annual funds appropriated under Section (h) of the Act.
Those eligible to receive financial assistance are Federally recognized Tribal governments and
intertribal consortia. A Tribal government refers to any Tribe, band, nation or other organized group or
community, including Alaska Native Villages 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 Government to Indians because of their special status). A consortium is defined as a
partnership between two or more Indian tribal governments authorized by the governing bodies of those
Tribes to apply for and receive assistance under this program (see 40 CFR 35.504 for complete
information on the eligibility of Intertribal Consortium to receive IGAP funding).
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Program Highlights
(1) IGAP replaces the Multi-Media Assistance Program which was offered by the Agency during
Fiscal Years 1991 through 1993.
(2) The project period for IGAP grants can be for 1-4 years; the grantee can reapply if additional
time is needed for capacity-building.
(3) New grants will be for a minimum of $75,000. Amendments to grants may be made in
amounts as are appropriate.
(4) Funds awarded under the grant remain available throughout the project period of the grant,
any funding not used by the end of the project period is deobligated.
(5) The Agency's standard grant application, reporting and audit procedures apply to the
Program.
(6) Capacity-building activities are eligible for funding but generally not construction or
site-specific actions.
(7) General assistance funding does not preclude a Tribe from also receiving program or
project-specific assistance.
Region 10 applicants should consult their Tribal Coordinators for more information.
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EPA Alaska Oil and Gas Sector
Oil and gas land and outer continental shelf (OCS) leasing, exploration and development in Alaska is
increasing significantly in terms of activity level e.g. numbers of projects, the amount of land involved
and pace. This shift is attributable to an attempt to meet national energy needs and local, state and
national government support for expanded resource extraction. Furthermore, the expansion is beyond
the traditional geographic areas most commonly developed, often into areas that are more
environmentally sensitive, have higher aesthetic values placed on them i.e. ANWR, and are more heavily
used for traditional and subsistence ways of life. This expansion has raised concerns about potential
degradation of the Arctic and Sub-Arctic environments, and potential risk to subsistence lifestyles of the
229 federally recognized Tribes in the State of Alaska.
Both the national and state administrations have indicated their support for and encouragement of more
aggressive natural resource extraction, as recently as in the 2003 State of the Union address. Presidential
Executive Order 13212 calls for expedited and streamlined decision making by federal agencies, on
energy projects involving the federal government. Significant dialogue in the recent gubernatorial
election focused on the need for additional energy development in the state. (The state budget is
substantially dependent upon oil and gas royalties and the actual revenues have been declining in recent
years.)
Areas previously offered for lease by state and federal land management agencies every three or five years
are now being offered annually. Discoveries not considered commercially viable years ago are now being
considered with renewed interest. When exploration results in resource discoveries of commercial value,
the companies want to move very quickly through NEPA and federal and state permitting processes. As
additional discovery of commercial quantities of gas resources occurs, pressure increases for a pipeline on
the scale of the TransAlaska Oil Pipeline to bring the gas to the lower 48 states, adding distribution to the
leasing, exploration and development activity.
The State of Alaska is immense, 1/5 the size of the lower 48 states. It has more coastline than the rest
of the United States combined. Wetlands cover approximately 174,683,900 acres, or about 43% of the
State. Ecosystems vary from Arctic to sub-arctic to coastal rain forest. Onshore and offshore oil
development have the potential to affect water quality, fisheries (commercial and subsistence),
endangered and threatened species, marine and terrestrial mammals, wetlands, air quality, environmental
justice and subsistence harvest of essential resources such as caribou, salmon and vegetation. The Arctic,
in particular, is an extremely sensitive environment, with slow regeneration due to permafrost, short
summer season and cold temperatures. Impacts can occur on both a project-specific and cumulative
level. Coupled with Alaska's wealth of extractible resources, the challenges are many and varied to
develop in a responsible and environmentally protective manner that minimizes effects including noise,
disturbance, habitat alterations, threat of oil spills, impacts to migration patterns, subsistence resources,
traditional cultures and way of life.
What is the EPA Oil and Gas Sector?
The EPA Oil and Gas Sector is an effort that involves staff from various media offices. Activities
include integrating program media specific information and permitting requirements to poise EPA for
timely and relevant involvement with Tribal governments, federal and state partners, stakeholders, and
industry to ensure environmental protection and statutory compliance with activities associated with
oil and gas development in the State of Alaska. Many areas of responsibility allow EPA to influence the
conduct of oil and gas activity and ensuing environmental and human health impacts. These include:
Tribal Resource Guide - Working Draft - January 2004 8 9
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National Environmental Policy Act (NEPA) for review and/or preparation of Environmental Impact
Statements; NPDES permitting; UIC permitting and state oversight; air source permitting on the Outer
Continental Shelf and state oversight; Wetlands and Ocean Disposal; RCRA site closure; and
Government-to-Government consultation with Tribes. EPA's implementation of these programs are
intended to support protection of high quality habitat for wildlife, especially protected marine mammals
and threatened and endangered species; viability and success of subsistence food gathering by Tribal
members; and high quality of watersheds and airsheds.
In addition to Government-to-Government consultation with the 229 federally recognized Tribes in
Alaska, EPA is collaborating with thirteen other federal and state agencies involved with the oil and gas
industry. Please see the list of state and federal counterparts below. EPA is also working with the Alaska
Native Corporations. Additional stakeholders include trade associations, citizen groups and associations,
and environmental advocacy groups. These groups are all stakeholders and are important for EPA to
engage as the Alaska Oil and Gas sector conducts business. If you are interested in issues surrounding
oil and gas development please, contact Anita Frankel or Jean Gamache.
For more information on the EPA Oil and Gas Sector please contact:
Anita Frankel
US Environmental Protection Agency RIO
1200 Sixth Avenue Mail Stop OI-085
Seattle, WA 98101
Phone: 206-553-2963
Email: frankel.anita@epa.gov
Jean Gamache
US Environmental Protection Agency
Alaska Operations Office
222 W. 7th Ave. #19
Anchorage, AK 99513-7588
Phone: 907-271-6558
Email: gamache.jean@epa.gov
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Oil and Gas Contact Websites
Federal Government
Department of Interior
Minerals Management Service Http://www.mms.gov/alaska/
Bureau of Land Management Http: / 7www.ak.blm.gov/
Fish and Wildlife Service Http:/7www.fws.gov/
Corps of Engineers http://www.poa.usace.army.mil/reg/
State Government
Department of Natural Resources - Division of Oil and Gas http://www.dog.dnr.state.ak.us/oil//
Department of Environmental Conservation http: / /www.state.ak.us /dec/
Department of Fish and Game http: / /www.state.ak.us /adfg/
Oil and Gas Project Specific Websites
Alpine Http://www.alpine-satellites-eis.com
Point Thomson http://proiects.ch2m.com/PtThomsonEIS
NW National Petroleum Reserve Http://www.ak.blm.gov/nwnpra
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Pesticides
The U.S. Congress has given the Environmental Protection Agency (EPA) the authority to regulate
registration, production, sales, and distribution of pesticides under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). Under FIFRA, the States can have primacy for enforcing proper use of
pesticides within their perspective state if the State has adequate pesticide use laws and regulations, can
adequately enforce those laws, and agrees to provide records showing compliance with the first two
criteria. No pesticide may legally be sold or used in the United States unless it has been registered by
EPA and bears an official EPA registration number. Additionally, EPA reserves the right to suspend or
cancel the registration of any pesticide. Tribes have the option to enter into cooperative agreements with
EPA to develop Tribal pesticide programs.
In 1996, Congress unanimously passed the Food Quality Protection Act to serve as a comprehensive
health-based standard for all food. This Act, signed into law by President Clinton on August 3, 1996,
includes a provision that protects children from pesticide risks and provides consumers with information
about the pesticides in their food. U.S. pesticides must be labeled. Labels must list active ingredient(s),
precautionary statements and first aid, and include instructions for use, storage and disposal of contents
and containers. Limits to chemical residues are set by EPA for human and animal food consumed in the
United States. Pesticide residues, that remain attached to food products, are enforced by the Food and
Drug Administration (FDA). Levels of pesticide tolerance allowed by law to remain in or on a harvested
crop have statistically shown not to cause unreasonable adverse health effects.
In addition to enforcement standards, EPA's pesticide program deals with occupational safety issues for
agricultural and pesticide handlers, applicator certification and training, as well as worker protection
standards. As published in August 1992, these provisions strengthened previous standards involving
reduced risk to pesticide exposure and the extension of coverage to those in the field.
Under the Endangered species Act, EPA is responsible for the protection of listed species and their
habitats from pesticide exposure. Efforts are now under way to strengthen this program.
The program also deals with pesticide groundwater issues. In June 1996, EPA proposed that
management plans be required continued for legal use of certain pesticides posing a groundwater
contamination risk.
Additional Information
U. S. EPA FIFRA Amendments of 1988; Schedule of Implementation, 54 Federal Register 18078, April
26, 1989.
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Pesticides Contact Information
Program/Information
Regarding
Endangered species, Enforcement
Reference EPA RIO grants,
Ground-water, Worker Protection,
etc. (non-emergency)
Human Health & Environmental
Effects of Pesticides Information
Human Pesticide Emergency
Alaska Project Officer
Oregon Project Officer
Washington Project Officer
Idaho Project Officer
Tribal Project Officer
Name
General Assistance /Staff
General Assistance/Staff
National Pesticide
Telecommunications Network
Alaska Poison Control Center
Idaho Poison Control Center
Oregon Poison Control Center
Washington Poison Control Center
Garrett Wright
Allan Welch
Theresa Pimentel
Phone
206-553-2870
206-553-1091
1-800-858-7378
1-800-478-3193
1-800-632-8000
1-800-452-7165
1-800-732-6985
206-553-1495
206-553-1980
206-553-0257
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Office of Enforcement and Compliance (OEC)
The OEC coordinates multi-media enforcement and compliance assurance activities in Region 10; tracks
tips and complaints from Tribes regarding possible violations of environmental laws; distribution of
Multi-media enforcement policy and enforcement information from headquarters (HQ).
The Office of Enforcement and Compliance (OEC) shall lead the regional effort to achieve full
compliance with environmental laws by all EPA regulated entities in Region 10.
OEC will direct development of the regional enforcement and compliance plan which will serve as a
focal point for regional offices with compliance and enforcement functions. OEC will oversee regional
implementation of
the plan and otherwise facilitate regional enforcement and compliance efforts by performing the
following primary functions:
• serving as the primary regional contact with the Office of Enforcement and Compliance
(Headquarters);
• recommending regional enforcement and compliance resource allocations;
• orchestrating regional participation in national enforcement and compliance initiatives;
• functioning as the enforcement and compliance policy contact on the Executive Team;
• ensuring individual media program State/EPA enforcement agreements are consistent
with one another and with national policy;
• advocating the use of multimedia, pollution prevention, environmental justice,
ecosystems, and emerging strategy approaches in regional enforcement and compliance
efforts; and
• implementing the Federal Facility Compliance Program.
OC MM Tribal Funding Grants
These funds are intended to assist the Tribes (in a multimedia approach) 1) to identify their
environmental management and protection priorities and goals; 2) to identify cultural, institutional, legal,
and resource barriers to compliance with all applicable environmental regulations; 3) to identify the EPA
programs and resources available to address their tribal priorities and goals; 4) to develop the regulatory
authority and to build the capacity for environmental programs; 5) to incorporate appropriate compliance
assurance mechanisms in the course of regulatory and program development.
Grants are available to federally recognized Tribes
Time frames and funding varies depending on allocation from HQ.
Contact: Michele Wright (206) 553-1747 email - wright.michele@epa.gov
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Office of Environmental Assessment (OEA)
The primary function of the Office of Environmental Assessment is the collection, analysis, and
assessment/interpretation of scientific data. This includes a wide range of activities, such as collecting
and analyzing environmental samples, conducting compliance inspections of pollution sources, ensuring
that data is of known and documented quality and is adequate to support the objectives for which it was
collected, conducting health and ecological risk assessments, conducting special studies, and performing
modeling, engineering and economic analyses. OEA includes Region 10's laboratory in Manchester,
Washington. Within the constraints of limited resources, OEA can and has provided these services to
Tribes in the Pacific Northwest.
Tribes receiving grants from EPA must have a quality assurance program plan, as well as specific quality
assurance plans for projects that involve collecting data. The plans must be approved by EPA. OEA
provides training and assistance to Tribes in developing their QA plans and has developed model
templates that make it easier for Tribes to write their own plans.
OEA can train tribal inspectors in the conduct of compliance inspections and can assist them in
obtaining federal credentials to inspect sources regulated by either the Tribe or EPA. In limited
situations, OEA can inspect facilities for or with Tribes. Pollution sources not regulated by a Tribe are
regulated and inspected by EPA.
OEA assists Tribes in conducting human health and ecological risk assessments. OEA can participate
with Tribes to help define an environmental problem and design a study plan to address it. In very
limited cases, OEA has been able to conduct risk surveys or assessments for Tribes. OEA has made
recommendations to EPA's Indigenous People Subcommittee to study tribal health effects from
exposure to mixtures of contaminants in fish and shellfish. OEA also recommended the development of
cumulative risk guidelines that are appropriate to the needs of Tribes.
The Office of Research and Development (ORD) runs a grant program that allows Tribes to study their
risks from subsistence foods and cultural practices. The program is titled, "Lifestyle and Cultural
Practices of Tribal Populations and Risks from Toxic Substances in the Environment." For further
information, contact Nigel Fields at fields.nigel@epa.gov or (228) 688-1981.
OEA Contact: OEA Deputy Director - (206)553-1200
Tribal Science Council
In a manner consistent with the U.S. Environmental Protection Agency (EPA) Indian Policy and trust
responsibility, the mission of the Tribal Science Council is to provide a forum for interaction between
Tribal and Agency representatives of mutual benefit and responsibility to work collaboratively on
environmental scientific issues. The Council will address a wide range of scientific issues including
research, monitoring, modeling, information technology, and training in Indian country. Composed of
senior Agency managers and tribal scientists from each Region the Council held their "kick-off meeting
in December of 2001. Three high priority areas for Tribes were identified at the meeting - subsistence,
quality assurance, and appropriate handling of sensitive/proprietary information.
Region 10 Contact: Patricia Cirone - (206)553-1597
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Pollution Prevention
The Pollution Prevention Act of 1990 establishes that pollution prevention is EPA's preferred approach
for protecting human health and the environment. The primary goals of pollution prevention are to
prevent pollutants at their source and to conserve natural resources.
Pollution prevention is an important advancement because:
IH many significant pollutants are either non point (and thus hard to regulate) or poorly regulated.
IH wastes that have been prevented at the source do not get transferred between the media (soil, air,
water)
9 pollution prevention usually contributes to overall efficiency and cost effectiveness which makes
businesses more competitive.
Pollution Prevention Grants
Federal pollution prevention grants to states and Tribes are primarily intended to support the delivery of
pollution prevention technical assistance to businesses.
"The Administrator shall make matching grants to States (interpreted to include Tribes) for programs to promote the use of
source reduction techniques by businesses. "PPA of 1990
There are several ways in which Tribal leaders can use pollution prevention resources to protect the well-
being of their communities.
• Provide pollution prevention training for Tribal businesses, (encourage product substitution
and environmentally sound operation modifications)
• Develop Tribal ordinances that preclude the use of polluting substances (examples might be
certain packaging or pesticides)
• Emulate/teach pollution prevention practices by having tribal government participate in resource
conservation efforts like Energy Star Schools or Wave (an EPA water conserving initiative for
hotels).
For more information please contact:
Carolyn Gangmark
US EPA Region 10
1200 Sixth Avenue
OEA-095
Seattle, WA 98101
Phone: 206-553-4072
Email: gangmark.carolyn@epa.gov
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ENVIRONMENTAL JUSTICE
An Overview
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, or commercial enterprises or from the execution of federal, state, local and Tribal
programs and policies.
On April 29, 1994 President Clinton released a memorandum regarding the Government-to-Government
relationship with Native American Tribal governments. The importance of implementing federal policies
in a sensitive, knowledgeable manner with respect for Tribal sovereignty was its primary focus. The
President set forth several principles for executive departments and agencies to follow in dealing with
Federally recognized Tribes. The Administration's commitment was illustrated through these guidelines,
which are briefly outlined below:
• The head of each executive department will ensure the rights of Tribal sovereigns.
• Executive departments must consult, to the greatest extent permitted by law, with Tribal
governments in taking actions that impact federally recognized Tribes.
• All executive departments and agencies must assess the impacts of policies, programs, plans, and
activities on Tribal trust resources, and assure that these concerns are addressed throughout the
development process.
• The aforementioned governmental entities shall work cooperatively and remove impediments in
addressing the specific or unique needs of Tribal communities.
With priorities towards assuring and enhancing the government-to-government relationship in
place, concerns arose over the scope of environmental degradation occurring on or near Tribal lands. In
the 1992 report, Environmental Equity: Reducing Risk for All Communities, EPA found that minority
and low-income communities experienced higher than average exposure to toxic pollutants than the
general population. Shortly thereafter, the Office of Environmental Justice was established to address this
problem. Three objectives were initiated: (1) identification and assessment of pollution sources, (2)
implementation of environmental awareness and training programs for affected residents, and (3) work
with community stakeholders in devising strategies for environmental improvements. In achieving these
objectives, EPA has worked with other Federal agencies and Tribal governments to develop
comprehensive environmental programs which address situations where are disproportionately high and
adverse human health or environmental effects in Indian country.
In June of 1993, the Office of Environmental Justice was delegated the authority to solicit, select,
oversee, evaluate, and distribute information on the effectiveness of the projects, as well as determine the
feasibility of the practices, methods, techniques, and processes in environmental justice areas. In recent
years, EPA has worked with Tribes, The TOC, and The National Environmental Justice Advisory
Committee to develop Tribal environmental programs in the spirit of environmental justice, enhancing
sovereignty and overall Tribal environmental well-being.
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EPA realizes that environmental concerns for Native Americans differ depending upon the Tribal values
inherent within each community, as well as the specific physical attributes of the environmental problems
they face. Additionally, Tribal environmental priorities are affected by the Tribe's relationship to the
ecosystems in which they live. Subsistence on fish, game, and indigenous vegetation all play a significant
role in a Tribe's overall well-being. Tribal needs involving environmental justice range from help in
accessing safe drinking water to remediation of hazardous waste.
Tribal environmental justice advocates have raised a range of environmental concerns. They
include comprehensive Tribal environmental program development, environmental effects on urban
Indians and Native Alaskans, and the participation of Native American grassroots advocates in
environmental protection. 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 Government and the Tribes. Therefore, while environmental
justice emphasizes issues regarding Native American 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-government relationship. Rather, it should support these tenets of
Federal Indian Law by encouraging the development of Federal/Tribal environmental programs
comparable in protection to Federal/State environmental programs.
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Small Grants Program
The purpose of the Small Grants program is to provide financial assistance to Tribal communities.
EPA supports projects for any affected Tribal group eligible under applicable statutory authorities.
Examples include community-based organizations such as churches, schools, educational agencies,
colleges or universities, among other non-profit organizations. Tribal governments who are working on
or plan to carry out projects addressing environmental justice issues can utilize the funds. Funds can be
used to develop a new activity or contribute to the substantial improvement of existing activities.
Pre-applications will serve as the sole basis for evaluation and recommendation for funding under
the Small Grants program. All relevant information and necessary forms for submitting a pre-application
are stated below. EPA will award grants based on the merits of the pre-application.
Eligible Activities
To be selected for an award, the proposed project must include one or more of the following four
objectives:
(1) Identification of improvements in communication and coordination among
existing community-based grassroots organizations and local, state, tribal, and federal
environmental programs, as well as all other stakeholders. Facilitate communication, information
exchange, and partnerships among the Tribes to address environmental injustices. Examples
include workshops, awareness conferences, establishment of community stakeholder committees
and community newsletters.
(2) Stimulate a consciousness among the general public regarding local environmental justice
issues or problems and encourage the community to take action to address those issues.
Examples include reforestation efforts, monitoring of socioeconomic changes due to
environmental abuse and stream monitoring.
(3) Develop and demonstrate an environmental justice practice, method or technique having wide
application, or addressing a high priority environmental justice issue.
(4) Education regarding risk reduction and pollution prevention. This may include seeking
technical experts to demonstrate how to access, analyze, and interpret public environmental data.
Geographic Information Systems (GIS), Toxic Release Inventories (TRI), and other databases are
all relevant areas of consideration.
Priority will be given to Tribes whose projects help to improve the environmental quality of affected
communities by developing an environmental justice strategy having wide application. Enhancement of
community skills in addressing environmental justice issues, and establishing or expanding environmental
and public health information systems for local communities should also be areas of concern.
Projects should enhance critical thinking, problem solving, and the active participation of affected
communities in the decision-making process. Environmental justice efforts may include, but are not
necessarily limited to gathering, observing, measuring, classifying, experimenting, as well as other data-
gathering techniques that assist individuals in confronting environmental justice issues. 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.
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The items discussed above are relative and can be defined differently among the applicants from
various geographic regions. Each pre-application should define these terms as they relate to a specific
project. The pre-application should 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. Therefore, it must be
defined by the applicant according to its individual situation
Available Funding
In fiscal year 1994, seventy grants totaling $507, 000 were awarded. The ceiling for any one
grant is $20,000 in Federal dollars. Depending on the funds appropriated by Congress, EPA's nine
Regional Offices having federally recognized Tribes will each have approximately $300,000 to award.
Applicants are not required to cost share.
For More Information Please Contact: Victoria Plata - (206)553-8580
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Office of Environmental Cleanup (ECL)
Overview
This chapter describes the work that is done by the Office of Environmental Cleanup in EPA Region 10.
Following the description of each basic type of work, a list of resources that may be useful to Tribes is
provided. The resources are typically grants that may be available, but also include training or technical
assistance, if you have any questions about the work or resources, please e-mail or call the identified
contact person.
Most of ECL's work is implementing the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA). Commonly known as "Superfund," CERCLA authorized the U.S.
Environmental Protection Agency to identify and clean up hazardous substances sites that threaten
public health and the environment. Superfund operates along three main tracks:
€1 site discovery and evaluation to determine whether a site warrants listing on the National
Priorities List (NPL);
IH investigation and cleanup of sites listed on the NPL; and
IH emergency response to remove imminent and substantial threats to human health and the
environment at both NPL and non-NPL sites.
As part of our emergency response program, ECL implements a number of planning and prevention
programs, including the Oil Pollution Act (OPA); Clean Air Act 112(r); Spill Prevention, Control, and
Countermeasures (SPCC); and the Emergency Planning and Community Right-to-Know Act (EPCRA).
ECL also implements the Brownfields program, the purpose of which is to return sites to productive use
that are currently unused because of perceived or actual contamination.
Site Discovery and Evaluation to Determine Whether a Site Warrants Listing on the National
Priorities List (NPL)
If a Tribe or a member of the public has a concern about a release or threatened release of a hazardous
substance, pollutant, or contaminant, they can petition EPA to investigate the problem to determine
whether action under Superfund is needed. (Before submitting a petition, it is always a good idea to
check with EPA to see if the site is already listed in EPA's CERCLA database, "CERCLIS," or if any
data and reports already exist about the site. "CERCLIS" is an acronym for the Comprehensive
Environmental Response, Compensation and Liability Information System.) The term "release" includes
any means by which a substance could be exposed to the environment, such as by spilling, leaking,
discharging, dumping, injecting, and escaping. Under CERCLA any member of the public may formally
petition the Federal government to conduct a preliminary assessment (PA). A PA is the first step in the
evaluation EPA conducts to verify the existence of the reported released hazardous substance or waste.
The PA is designed to distinguish between sites that pose little or no threat to human health and the
environment and sites that require further investigation. If the PA shows that there is a serious
immediate threat, EPA may use Superfund money through the emergency removal program to quickly
remove the hazardous substance.
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If the threat is not immediate and the PA recommends further study, EPA will conduct a Site Inspection
(SI) which typically involves collecting waste and environmental samples to determine the substances
present at the site and whether they are being released to the environment. The primary objective of the
SI is to identify which sites have a high probability of qualifying for the National Priorities List (NPL).
At the completion of both the PA and SI, EPA applies the Hazard Ranking System (HRS) to derive a site
score and determine either that further investigation is necessary or that the site should receive a "no
further remedial action planned" (NFRAP) recommendation. A NFRAP recommendation means that
further action under the Federal Superfund program is not planned; however, action may still be
appropriate under some other program such as a state or Tribal cleanup program. Except in emergency
situations where a release or a threat of release could pose an imminent threat to human health and the
environment, petitioners should be aware that under Superfund EPA cannot pursue investigation and
cleanup of certain types of sites. For example, the law says Superfund does not cover petroleum or
natural gas, engine exhaust emissions, normal use of fertilizer or pesticides, asbestos in buildings, certain
releases within a workplace, and some releases of nuclear materials. However, under the Oil Pollution
Act, EPA does have emergency response authority to respond to these types of releases and the
Superfund Emergency Response Program, described above, should be contacted in these instances.
Petitioners should also be aware that on federally owned non-Indian lands, the federal agency responsible
for the property is required to conduct the PA and subsequent investigations and cleanups. However,
EPA oversees that effort and determines whether the site should or should not be listed on the NPL.
Sites with an HRS score of 28.5 points or greater are eligible for proposal to the NPL and a formal HRS
package may be prepared.
Resources
€1 EPA can provide a Site Assessment Cooperative Agreement at a site where EPA is
conducting a site assessment. The purpose of these cooperative agreements is to provide
for technical participation of the Tribe, or Tribes, in the cleanup process. A cooperative
agreement is a type of grant. These are awarded on a non-competitive basis. We have
awarded grants only to NPL caliber sites that are undergoing "expanded" site
investigations.
Region 10 Contact: Demse Baker (206) 553-4303
Email: baker.denise@epa.gov
IH ATSDR Public Health Assessments: The Agency for Toxic Substances and Disease
Registry, ATSDR, is an agency of the U.S. Public Health Service. It was established by
Congress in 1980 under CERCLA. Since 1986, ATSDR has been required by law to
conduct a public health assessment at each of the sites on the EPA National Priorities
List. If appropriate, ATSDR also conducts public health assessments when petitioned by
concerned individuals. Public health assessments are carried out by environmental and
health scientists from ATSDR and from the states with which ATSDR has cooperative
agreements.
ATSDR Contact: Richard Kauffman (206) 553-2632
Email: kauffman.richard@epa.gov
ATSDR Website: http://www.atsdr.cdc.gov/
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Investigation and Cleanup of Sites Listed on the NPL
Sites on the NPL are investigated to determine the risks they pose to human health and the environment.
If the risks they pose exceed the risk thresholds set in CERCLA, the sites are cleaned up to eliminate,
reduce or control those risks and bring them within acceptable federal and state standards.
Each NPL site has an assigned EPA remedial project manager (RPM) who is responsible for managing
the investigation and cleanup of the site. Because under Superfund, EPA seeks to get the responsible
parties to pay for and conduct the investigation and cleanup, the RPM often oversees the work of these
responsible parties.
There are numerous possibilities under CERCLA for Tribes to be involved in NPL sites. There are
funding mechanisms called cooperative agreements through which Tribal involvement can be supported.
To apply for these funding sources, Tribes must be federally recognized. In addition, Tribes can be
involved as a natural resource trustee. In that capacity, the Tribe may be in a position to seek
compensation for the natural resource damage caused by the contamination at the site.
Resources
IH EPA can provide a Support Agency Cooperative Agreement to a Tribe, or Tribes, to
allow their technical participation at NPL sites where EPA is conducting an investigation
or cleanup. A cooperative agreement is a type of grant. These are awarded on a non-
competitive basis.
IH Technical Assistance Grants (TAG): Community groups may be eligible for a
Technical Assistance Grant in situations where there is a Superfund site is listed or
proposed for listing on the National Priorities List. Tribal governments are not eligible for
these types of grants, but a community group that includes Tribal members may be
eligible. EPA can award TAGs of up to $50,000 per site. TAGs allow an interested
community group to participate in technical issues regarding a site. For instance, a
community group could use the funds to hire an independent expert to help them
interpret technical data, understand site hazards, and become more knowledgeable about
the different technologies that are being used to clean up sites like the one they are
concerned about.
Region 10 contact: Debra Sherbma (206) 553-0247
Email: sherbina.debra@epa.gov
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Emergency or Time-Critical Response to Remove Imminent and Substantial Threats to Human
Health and the Environment at NPL and Non-NPL Sites
On Scene Coordinators (OSCs) are the key EPA staff who respond to time-critical situations involving
oil or hazardous substances. One of the OSCs is on-call 24 hours a day to respond to emergencies.
An EPA OSC can be reached either through a nationwide toll free number at the National Response
Center, 1-800-424-8802, or through a local Seattle 24-hour number which is (206) 553-1263. The
National Response Center (NRC) must be contacted immediately when a oil release to navigable
waters occurs. The minimum amount for oil reportable quantity is a sheen. The release of a hazardous
substance (ex. chemicals) must be reported if the amount exceeds the reportable quantity (RQ). The
EPA list of reportable quantities for hazardous substances is called the "List of Lists" and can be found
at the following website:
http://yosemite.epa.gov/oswer/ceppoweb.nsf/vwResourcesByFilename/title3.pdf/SFile/title3.pdfIn
Alaska, Idaho, and Oregon there are OSCs that can be contacted directly during regular business hours.
EPA has the capability to respond to emergencies and can conduct an emergency action to cleanup a site
until it is stabilized and no longer poses the initial threat. Before it does so, EPA evaluates via screening
of telephone calls whether an emergency, on-scene response is necessary. A release or threat of release of
a hazardous substance that could pose harm to public health or the environment forms the basis for a
response. Examples of threats from a release include inhaling toxics released to air, drinking water highly
contaminated by a hazardous substance, direct contact with hazardous substances, or explosion hazards.
To expedite matters callers reporting incidents should provide the following information, if possible:
IH Incident location
IH Material name (if known) or generic description (oil, hazardous substance, other)
IH Source of spill (pipeline, underground or above ground tank, drums, etc.)
IH Medium affected (land, air, water, other)
IH Cause of spill (dumping, transportation accident, other)
w Whether other agencies have been notified
EPA's initial response to calls and site assessment to determine need for an emergency response is part of
its overhead costs. However, callers should be aware that while EPA can and will respond to emergencies
on Tribal lands, EPA will seek to recover costs of any cleanup it conducts from individuals who are liable
for the contamination. To help identify parties who may be liable for a contamination problem, EPA
relies on both civil and criminal investigators. This may have implications for Tribes and Tribal members.
While EPA does not consider Tribes to be liable under Superfund, this does not extend to individual
Tribal members nor to Tribal corporations.
If you wish to report illegal dumping activity, call the EPA Criminal Investigation Office at (206)
553-8306. This office will pursue illegal dumpers but does not have an emergency response component
to clean up the illegally dumped materials. The EPA Emergency Response Team, discussed above, would
need to be contacted.
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Response to a release of oil or hazardous substances that occurs on federally owned, non-Indian lands,
such as Department of Defense (DoD) or Forest Service lands, is the responsibility of that federal
agency. If the release leaves the property boundary or is not being adequately addressed by the
responsible federal agency, EPA may get involved.
Resources
IH Local Government Reimbursement (LGR) is federal funds available to Tribes and local
governments for costs related to temporary emergency measures conducted in
response to releases or threatened releases of hazardous substances. Reimbursement to
Tribes for Emergency Response to Hazardous Substance Releases: EPA is authorized
under Section 123 of the Superfund Amendments and Reauthorization Act of 1986
(SARA - a part of CERCLA) to reimburse federally-recognized Indian Tribes and local
governments for expenses incurred in carrying out temporary emergency measures in
response to hazardous substance threats. Temporary emergency measures may include
such activities as erecting security fencing to limit access, responding to fires and
explosions, and other actions that require immediate response at the Tribal government
or local level. (Be aware that petroleum is excluded from this provision. This includes
petroleum, natural gas, crude oil, or any other specified fractions thereof that are not
otherwise specifically designated as CERCLA hazardous substances.) CERCLA
specifically limits reimbursement to $25,000 per single response. This $25,000 cap plus
the limited availability of funds for the program may not allow EPA to reimburse Tribal
or local governments for all response costs that may qualify. An application package can
be obtained at the LGR website: http://www.epa.gov/superfund/programs/er/Igr/ or
by contacting the EPA's LGR Program by calling the LGR Help Line at
800-431-9209 or e-mail at lgrinfo(5)epa.gov. The application package contains detailed,
line-by-line instructions for completing the application. The Region 10 contacts for this
is Beth Sheldrake at (206) 553-0220 and Mary Goolie at
(907) 271-3414.
IH Training: ECL can offer training, mostly centered around emergency response. Types of
training include health and safety training, incident command system training, and other
specialized technical training. Our ability to offer training may be subject to some
limitations such as the availability of funds, when and where the training can be offered,
minimum enrollment requirements, etc.
Emergency Response Planning and Spill Prevention Programs
Oil Pollution Act (OPA)
EPA enforces the oil spill liability and penalty provisions under the Oil Pollution Act of 1990, which
provide incentives to facility owners/operators to take the necessary steps to prevent oil spills. OPA
improved the nation's ability to prevent and respond to oil spills by establishing provisions that expand
the federal government's ability, and provide the money and resources necessary, to respond to oil spills.
The OPA also created the national Oil Spill Liability Trust Fund, which is available to provide EPA or
the U.S. Coast Guard up to one billion dollars per spill incident.
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In addition, the OPA provided new requirements for contingency planning both by government and
industry. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) was expanded
in a three-tiered approach: the Federal government is required to direct all public and private response
efforts for certain types of spill events; Area Committees — composed of federal, Tribal, state, and local
government officials — must develop detailed, location-specific Area Contingency Plans; and owners or
operators of vessels and certain facilities that pose a serious threat to the environment must prepare their
own facility response plans.
OPA also increased penalties for regulatory noncompliance, broadened the response and enforcement
authorities of the Federal government, and preserved State authority to establish laws governing oil spill
prevention and response.
National Website: http://www.epa.gov/oilspill/opaover.htm
Region 10 contacts: Beth Sheldrake (206) 553-0220 WA, OR, ID
Mary Goolie (907) 271-3414 AK
Spill Prevention, Control, and Countermeasures (SPCC) Program
As a cornerstone of EPA's strategy to prevent oil spills from reaching our nation's waters, the Agency
requires that certain facilities develop and implement oil spill prevention, control, and countermeasures,
or SPCC Plans. Unlike oil spill contingency plans that typically address spill cleanup measures after a spill
has occurred, SPCC plans ensure that facilities put in place containment and other countermeasures that
would prevent oil spills from reaching surface waters. Under EPA's Oil Pollution Prevention regulation,
facilities must detail and implement spill prevention and control measures in their SPCC Plans. Specific
requirements for SPCC plans are described in the Code of Federal Regulations, at 40 CFR 112.
Each SPCC plan, while unique to the facility it covers, must include certain elements. To ensure that
facilities comply with the spill prevention regulations, EPA periodically conducts on-site facility
inspections. EPA also requires owners and operators of facilities that experience two or more oil spills
within a 12-month period to submit their SPCC Plans and other information to EPA for review.
A copy of the entire SPCC Plan must be maintained at the facility if the facility is normally attended for at
least eight hours per day. Otherwise, it must be kept at the nearest field office. The SPCC Plan must be
available to EPA for on-site review and inspection during normal working hours.
National Website: http://www.epa.gov/oilspill/opprover.htm
Region 10 contact: Carl Kite (206) 553-1671 WA, OR, ID
Matt Carr (907)271-3616 AK
Emergency Planning and Community Right-to-Know Act (EPCRA)
In 1986 Congress passed a law to help local communities, including Indian reservations, protect public
health and safety and the environment from chemical hazards. This law, the Emergency Planning and
Community Right-to-Know Act (EPCRA), known as Title III of the Superfund Amendments and
Reauthorization Act (SARA), requires that detailed information about the nature of hazardous substances
(Tier II reports) in or near reservations be made available to the public and that comprehensive
emergency plans be prepared to deal with chemical accidents. The law also provides stiff penalties for
Tribal Resource Guide - Working Draft - January 2004 106
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companies that do not comply, and it allows citizens to file lawsuits against companies and local or Tribal
government agencies to force them to obey the law.
The requirements of EPCRA form the State and Tribal Emergency Response Commissions (SERCs and
TERCs.) The SERCs and TERCs, in turn, help the Local Emergency Planning Committees(LEPCs) by
offering training and technical assistance. In this country, we have a network of over 3,000 Local
Emergency Planning Committees (LEPCs), whose responsibilities include creating an emergency
response plan for their Local Emergency Planning District (LEPD) and gathering the detailed
information about the nature of hazardous substances (Tier II reports) that industry is required to
submit. In addition, LEPCs provide public education about chemical hazards and risk reduction to local
industry, public health officials, fire chiefs, the media, and others.
EPA published a rule-making in the Federal Register (July 26, 1990) designating Indian Tribes and their
chief executive officers as the implementing authority for Title III on all Indian lands. EPA's policy is to
work with Tribes on a "government-to-government" basis. Unless Tribal leaders choose another of their
various options to comply with Title III, EPA regards Federally recognized Tribal reservations as a Tribal
Emergency Response Commission (TERC), with the same responsibilities as States for carrying out
provisions of the law.
Resources
IH We can provide grants to assist Tribes in doing work necessary to comply with EPCRA.
To reinforce SERCs, TERCs, and LEPCs in their leadership, the U.S. Environmental
Protection Agency (EPA) awards annual grants for specific projects in chemical
emergency planning and accident prevention. These grants are directed through the
Agency's Chemical Emergency Preparedness and Prevention Office (CEPPO). Our ability
to provide these grants is subject to funding availability. We may also be able to provide
technical assistance.
IH Following is a CEPPO Tribal Assistance Grant product that has been developed in
Region 10: Yukon River Inter-Tribal Watershed Council (YRITWC) Community
Emergency Response Plan (CERP) template. This product can be found for download
on the EPA Region 10 web page under Superfund and then Tribes.
National Website:
http://yosemite.epa.gov/oswer/CeppoWeb.nsf/content/epcraOverview.htm
Region 10 contact: Suzanne Powers (360) 753-9475 Region 10 Enforcement
Beth Sheldrake (206) 553-0220 WA, OR, ID
Mary Goolie (907) 271-3414 AK
Clean Air Act Section 112(r)
The risk management program rule [also knows as Clean Air Act Section 112(r)] is designed to prevent
serious chemical accidents that could affect public health and the environment, and to improve the
response to any accidents that do occur. The rule requires facilities that use more than threshold amounts
of certain types of chemicals to implement a risk management program, and to have filed a Risk
Management Plan (RMP) with EPA by June 21, 1999. In its RMP, a facility analyzes hazards, documents
a five-year accident history, coordinates with local first responders, and puts a program in place to
prevent chemical accidents.
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Region 10 can provide information about complying with CAA Section 112(r); designing or submitting a
Risk Management Plan; using the EPA's 112(r) website or downloading software from the website; and
signing up for a training course, newsletter or presentation on 112(r).
National Website:
http://yosemite.epa.gov/oswer/ceppoweb.nsf/content/RMPoverview.htm
Region 10 Website:
http://yosemite.epa.gov/rlO/cleanup.nsf/9f3c21896330b4898825687b007aOf33/8efee80db8215d45882
56a9600715543?OpenDocument
Region 10 Contact: Calvin Terada (206) 553-4141
Email: terada.calvin@epa.gov
Brownfields Program
Brownfields are properties that are abandoned or underused because of environmental contamination
from past industrial or commercial practices. Often the potential liability associated with contamination
complicates business development, property transactions or expansion on the property. The purpose of
the Brownfields program is to return these sites to productive use. It's designed to empower Tribes,
communities, and other stakeholders in economic redevelopment to work together in a timely manner to
prevent, assess, safely clean up, and sustainably reuse brownfields. Brownfields strategies include funding
pilot programs and other research efforts, clarifying liability issues, entering into partnerships, conducting
outreach activities, developing job training programs, and addressing environmental justice concerns.
Resources
IH Brownfields Assessment Pilots: Tribes that apply and are selected as a Brownfields
Assessment Pilot can receive up to $200,000 to use for site assessment.
IH Job Training Pilots: Tribes can receive up to $200,000 for a job training pilot related to
Brownfields.
IH Revolving Loan Fund Pilots for Cleanup: Tribes can receive up to $500,000 to make
loans to accomplish cleanup. In order to qualify for revolving loan funds, a Tribe must
first have been a Brownfield Assessment Pilot, or have completed a Targeted Brownfield
Assessment
IH Targeted Brownfield Assessment: An EPA (or in some cases State) contractor comes
out to the Tribal site and assesses the property(ies), provides results to the Tribe. The site
does not have to be an NPL site to be eligible for this type of assessment, but there are
some restrictions on the types of sites that can be assessed.
IH Technical Assistance: helping connect Tribes with available assistance programs or
resources (e.g, HUD money, State money).
National Website: http://www.epa.gov/swerosps/bf/
Region 10 Website: http://yosemite.epa.gov/rlO/cleanup.nsf/webpage/Brownfields
Region 10 Contact: Timothy Bnncefield (206) 553-2100
Email: brincefield.timothy@epa.gov
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Office of Environmental Cleanup (ECL) Contact List
National Response Center: 1-800-424-8802
Seattle 24-hour number: (206) 553-1263
EPA Criminal Investigation Office: (206)553-8306
Program
ECL Tribal
Specialist
Site Discovery &
Evaluation (NPL)
ATSDR
Investigation &
Clean-up (NPL)
Emergency
Response
OPA
SPCC
EPCRA
Clean Air Act
Section 112(r)
Brownfields
Name
Denise Baker
Denise Baker
Richard Kauffman
Debra Sherbina
Beth Sheldrake
Mary Goolie
Beth Sheldrake
Mary Goolie
Carl Kitz
Matt Carr
Suzanne Powers
Beth Sheldrake
Mary Goolie
Calvin Terada
Susan Morales
Phone
206-553-4303
206-553-4303
206-553-2632
206-553-0247
206-553-0220
907-271-3414
206-553-0220
907-271-3414
206-553-1671
907-271-3616
360-753-9475
206-553-0220
907-271-3414
206-553-4141
206-553-7299
Email
baker.denise@epa.gov
baker.denise@epa.gov
kauffrnan.richard@epa.gov
sherbina.debra@epa.gov
sheldrake.beth@epa.gov
goolie.mary@epa.gov
sheldrake.beth@epa.gov
goolie.mary@epa.gov
kitz.carl@epa.gov
carr.matthew@epa.gov
powers.suzanne@epa.gov
sheldrake.beth@epa.gov
goolie.mary@epa.gov
terada.calvin@epa.gov
morales.susan@epa.gov
Mail-
stop*
ECL- 115
ECL- 115
ECL- 117
ECO-081
ECL- 116
AOO/A
ECL- 116
AOO/A
ECL- 116
AOO/A
WOO
ECL- 116
AOO/A
ECL- 116
ECL- 112
* Mailing Address:
US EPA RIO
Attn: Contact Name, Mail-stop .
1200 Sixth Avenue
Seattle, WA 98101
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LINKS, RESOURCES &
GRANTS
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Helpful Websites
FEDERAL INDIAN PROGRAMS
Senate Committee on Indian Affairs
http://www.senate.gov/~scia
Indian Health Services
http://www.ihs.gov
Office of Indian Education Programs
http: / /www.oiep.bia.edu /
American Indian Environmental Office
http: / /www.epa.gov/indian/
TRAINING SITES
Tools, Technical Assistance Training
http://www.epa.gov/epahome/training.htm
The Training Exchange
http: / /www.train ex.org
GENERAL INTEREST/MEDIA
Daily Oklahoman
http: / /www.oklahoman.com
Indian Country Today
http: / /indiancountry.com
Indian Trust Assets Management
http://www.doi.gov/indiantrust/index.html
Indigenous Environmental Network
http://www.ienearth.org
Tulsa World
http: / / www.tulsaworld.com
Oklahoma Indian Times (OKTT)
http: / /www.okitcom
National Congress of American Indians (NCAI)
http: / /www.ncai.org
Native American Bar Association
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http: / /www.nativeamericanbar.org
Native American Rights Fund
http://www.narf.org/pubs/iustice/1999FALL/falll999.htm
BNA, Inc. (compiles electronic news i.e. environmental news, major rule comment period calendar)
http: / /www.bna.com/
AIR LINKS
Clean Air Act
http://www.epa.gov/oar/caa/contents.html
U.S. EPA General Air Information
http: / /www.epa.gov/airlinks /
U.S. EPA Federal Register notices
http: / /www.epa.gov/fedrgstr/EPA-AIR/
U.S. EPA Office Of Air & Radiation "Tribal AIR"
http: / /www.epa.gov/oar/tribal
U.S. EPA Region VI Air Programs
http://www.epa.gov/earthlr6/6pd/air/air main.html
U.S. EPA Source/Emission Inventory Improvement Program
http://www.epa.gov/ttn/chief/eiip/techreport
U.S. EPA Source/Emission Inventory Training
http: / /www.epa.gov/ttn /chief/eidocs /index.html#basic
U.S. EPA Ozone Alerts
http: / /www.epa.gov/airnow
U.S. EPA Ambient Monitoring Technology Information Center
http://www.epa.gov/ttn/amtic/
U.S. EPA Monitor & Source Air Data
http: / /www.epa.gov/aqspubll /annual summary.html
Central States Regional Air Planning Association (CENRAP)
http: / Avww.cenrap.org/
Community Health Track
http: / /health-track.org
State of Oklahoma Air Quality Program
http: / /www.deq.state.ok.us /airl /air.html
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State of Texas Department of Air Quality
http: / /www.tnrcc.state.tx.us /air 7index.html
Air Monitoring Equipment & Services Graseby/Anderson
http://www.graseby.com/
Monitoring Lab
http: / /www.monitorlabs.com/
Thermo Environmental Instruments
http: / /www.thermoei.com/
ESC
http: / /www.envirosys.com
Campbell Scientific
http: / /www.campbellsci.com
Rupprecht & Patashnick Co., Inc.
http: / /www.rpco.com
IML Science
http: / /www.imlinc.com/
Inquest Environmental (Air Quality Specialist) (573) 474-8110
SUPERFUND LINKS
Region 6 EPA Superfund Homepage
http://www.epa.gov/earthlr6/6sf/6sf.htm
U.S. EPA Superfund Homepage
http: / /www.epa.gov/superfund/
U.S. EPA Integrated Risk Information System
http: / /www.deq.state.ok.us /index.html
Superfund Tribal Reform Program
http: / /www.epa.gov/oerrpage /superfund/programs /reforms /types / tribal.htm
Oklahoma Department of Environmental Quality (ODEQ)
http: / /www.deq.state.ok.us /index.html
Technical Outreach for Communities
http: / /www.toscprogram.org/
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Superfund Innovative Network
http://www.lafollete.wisc.edu/superfundpa876/
Navajo Nation EPA Superfund Program
http://www.cia-g.com/~navajosf/
BROWNFIELDS LINKS
Region 6 EPA Brownfields Homepage
http: / /www.epa.gov/earthl r6 /6sf/bfpages /sfb fhome.htm
National Livability Resource Center
http://www.livablecommunities.gov/toolsandresources/
Technical Assistance for Brownfields (TAB)
http: / /www.toscprogram.org/
American Fact Finder-Demographics
http://www.factfinder.census.gov/servlet/BasicFactsServlet.html
U.S. State and Local Gateway-Demographics
http: / 7www.statelocal.gov/
GENERAL ASSISTANCE PROGRAM
Indian Environmental General Assistance Program, Guidelines on the Award and Management of General
Assistance Agreements for Indian Tribes:
http://www.epa.gov/indian/gap2000.pdf
The Indian Environmental General Assistance Program Act of 1992
http://www.epa.gov/indian/4368b.pdf
Indian Tribes: General Assistance grants for Environmental Protection Program
http://www.epa.gov/indian/40cfr35.pdf
Performance Partnerships Grants (PPGs) for Tribes Proposed Rule- as it appeared in the Federal Register on July
23, 1999
http: / /www.epa.gov/indian/epa.pdf
Final Rule- as it appeared in the Federal Register on January 16, 2001
http://www.epa.gov/indian/g219.pdf
"Treatment-as-a-State" Regulation Summary
http://www.epa.gov/indian/treatst.htm
ENVIRONMENTAL JUSTICE
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Environmental Justice-Office of Solid Waste and Emergency Response
http: / 7www.epa.gov/swerosps /ej
Environmental Justice-Office of Enforcement and Compliance Assurance
http://es.epa.gov/oeca/main/ej/index.html
Environmental Justice-Region 6
http: / /www.epa.gov/earthlr6 /6ra/ej /ejhome.htm
Environmental Justice-Native Americans and the Environment
http://www.indians.org/library/subenvl.html
HAZARDOUS WASTE ISSUES-TRIBAL
Chemical Emergency Preparedness and Prevention Office (CEPPO)
http://www.epa.gov/ceppo/sta-loc.htm
Hazardous Waste in Indian Country
http: / /www.epa.gov/tribalmsw
Hazardous Waste Issues-General EPA Office of Solid Waste Homepage
http: / /www.epa.gov/osw
Oklahoma Department of Environmental Quality-Land Protection Division
http://www.deq.state.ok.us/waste/index.html
EPA Region 6 Multimedia Planning and Permitting Division
http://www.epa.gov/region6/6pd/6pd.htm
MUNICIPAL SOLID WASTE ISSUES-TRIBAL
Municipal Solid Waste in Indian Country
http: / /www.epa.gov/tribalmsw
Tribal Association on Solid Waste and Emergency Response (TASWER)
http: / Avww.taswer.org/
Municipal Solid Waste in Indian Country-Region 6
http://www.epa.gov/region6/6pd/pd-u-sw/swindian.htm
MUNICIPAL SOLID WASTE ISSUES-GENERAL
EPA Office of Solid Waste Homepage
http: / /www.epa.gov/osw
Oklahoma Department of Environmental Quality-Land Protection Division
http://www.deq.state.ok.us/waste/index.html
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Oklahoma Cooperative Extension Service-Oklahoma State University
http: / 7rd.okstate.edu /waste
Solid Waste Association of North America
http: / 7www.swana.org
OTHER TRIBAL ENVIRONMENTAL PROGRAMS
Office of Enforcement and Compliance Assurance (OECA) Tribal Program
http://www.epa.gov/compliance/notfound/index.html
Office of Ground Water and Drinking Water (OGWDW) Tribal Programs
http: / /www.epa.gov/safewater/tribal.html
Tribal Drinking Water Infrastructure Grants
http://www.epa.gov/safewater/tribes.html
Tribal Reporting under Section 305(b) of the Clean Water Act
http: / /www.epa.gov/owowwtrl /monitoring/volunteer/tribe.html
Office of Wastewater Management (OWM) Indian Programs
http: / /www.epa.gov/owm/mab /indian /index.htm
Protecting Public Health and Water Resources in Indian Country
http: / Avww.epa.gov/region5 /water/stpb /
Pueblo Office of Environmental Protection
http://www.aipc-poep.com/index.html
Taos Pueblo Environmental Office
http: / /www.laplaza.org/tpes /
Jemez Department of Resource Protection
http://www.nmia.com/~quasho/
National Tribal Environmental Council
http: / Avww.ntec.org/
Tribal Association on Solid Waste & Emergency Response
http: / Avww.taswer.org/
Alaska Inter-Tribal Environmental Council
http: / Avww.aitc.org/
Institute for Tribal Environmental Professionals
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http://www.cet.nau.edu/itep/
National Congress of American Indians
http: / /www.ncai.org/
National Environmental Coalition Of Native Americans
http: / /www.alphacdc.com/necona/
Native American Fish and Wildlife Society
http: / Avww.nafws.org/
Native Americans and the Environment
http: / /www.cnie.org/NAE/
United South and Eastern Tribes, Inc.
http: / /www.usetinc.org/
American Indian Science & Engineering Society
http: / /www.aises .of g/
Native American Indian Resources
http: / /www.kstrom.net/isk/mainmenu.html
GLOBAL POSITIONING SYSTEM LINKS
Trimble Navigation
http: / / www.trimble.com
Starlink DGPS
http: / /www.starlinkdgps.com
Institute of Navigation
http://bluefish.nosc.mil/ion/ion/html
Western Data Systems
http: / /www.western datasystems.com
GPS Overview
http://www.colorado.edu/geography/gcraft/notes/gps/gps f.html
Topographic Mapping
http: / /www.topographic.com
Frontier Precision Mapping
http: / /www.frontierprecision.com
GPS World Magazine
http: / /www.gpsworld.com
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University of Arkansas GPS
http: / 7www.cast.uark.edu
GeoResearch
http: / 7www.georesearch.com
National Geodetic Survey
http: / 7www.ngs.noaa.gov
GEOGRAPHIC INFORMATION SYSTEM LINKS
ESRI
http: / 7www.esri.com
CIS Data Depot
http: / 7www.gisdatadepot.com
Oklahoma GIS Council
http: / /www.okmaps .onenet.net
Free Oklahoma GIS Data!
ftp: 7 7okmaps.onenet.net
BIA GDSC
http: / 7www.gdsc.bia.gov
OUGIS
http: / 7www.geo.ou.edu
USGS
http: / 7mapping.usgs.gov
Microsoft Terraserver
http: / 7terraserver.microsoft.com
Maptech
http: / 7www.maptech.com
AIR TRAINING
Institute Tribal Environmental Professionals
http://www.cse.nau.edu/~itep/
Air Pollution Training Institute
http: / /www.epa.gov/ttn 7direct.html
Westar Training
http: / /www.westar.org/welcome.html
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STAPPA Training
http: / 7www.4cleanair.org/
California Air Resources Board Training
http: / /www.arb.ca.gov/homepage.htm
Environmental & OHSI Training
http://www.eohsi.rutgers.edu/cet/index.html
Air & Waste Management Association (AWMA)
http: / Avww.awma.org/
EPA Regional Tribal Programs
Region 1 Government and Tribes
http: / /www.epa.gov/tribalmsw/
Region 2 Indian Program
http://www.epa.gov/region02/indtext.htm
Region 4 Indian Coordination Office
http://www.epa.gov/region4/ead/indian/
Region 5 Regional Tribal Information
http: / /www.epa.gov/regSoopa/tribes /index.htm
Region 6 Regional Native American Office
http://www.epa.gov/region6/6xa/tribal.htm
Region 8 Tribal Assistance
http: / /www.epa.gov/regionOS /tribes /
Region 8 State and Tribal Water Quality Standard Programs
http: / /www.epa.gov/regionOS /water/wqs /wqsstate.html
Region 9 Indian Programs
http://www.epa.gov/region09/cross pr/indian/
Region 10 Tribal Office
http: / /www.epa.gov/regionl 0 /
Environmental Reference Books
CRC Press http://www.crcpress.com
Government Institutes http: / /www.govinst.com
U.S. EPA National Service Center for Environmental Publications
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http: / /www.epa.gov/ncepihom/
Godish, Thad. Air Quality (Third Edition). Boca Raton: Lewis Publishers, 1997.
Lodge, James P., Jr. (Ed.). Methods of Air Sampling and Analysis (Third Edition). Boca Raton: Lewis Publishers,
1988.
McGregor, Gregor I. Environmental Law and Enforcement. Boca Raton: Lewis Publishers, 1994.
Mycock, John C., John D. McKenna, and Louis Theodore. Handbook of Air Pollution Control Engineering and
Technology. Boca Raton: Lewis Publishers, 1995.
Wright, Gregory D. Fundamentals of Air Sampling. Boca Raton: Lewis Publishers, 1994.
Boubel, Richard W., Donald L. Fox, D. Bruce Turner, and Arthur C. Stern. Fundamentals of Air Pollution (Third
Edition). San Diego: Academic Press, 1994.
Patrick, David R., (ed.). Toxic Air Pollution Handbook. New York City: Van Nostrand Remhold, 1994.
Brownell, William F. (ed.). Clean Air Handbook (Third Editon). Rockvill, MD: Government Institutes,
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Tribal Grants
Most of these grants are available to all Federally recognized Indian Tribes in Region 10. There are a few
grants that have different eligibility requirements, for example Clean Water Act Section 106 grants require
Tribes to have TAS. Please note the asterisks (*) at the end of the grant program title. The asterisks refer
to general eligibility requirements. Grants without asterisks refer to requirements of Treatment-As-State
(TAS). Please check with the grant program contact for specific eligibility requirements and further grant
information. Additionally, check with the grant program contact to see about funding availability.
Water Issues
EPA RIO
Office
OW-DWU
TO
OW
ECO-NRMU
State
Assistance
Program
Statutory
Authority/
CFDA#
Clean Water Act
CFDA#66.458
Clean Water Act
CFDA#66.419
Clean Water Act
CFDA#66.463
Clean Water Act
CFDA#66.460
Congress funding
Grant Program
Title
Clean Water Indian
Set- Aside Grant
Program*
Clean Water Act
Section 106 Tribal
Pollution Control
Grant Program
Clean Water Act
Section 104(b)(3)
Water Quality
Cooperative
Agreements / Grants
Clean Water Act,
Section 319
Non-point Source
Pollution
Alaska Native Village
and Rural
Communities
Sanitation Grant
Program
(does not require
TAS)
Contact
Geoff Keeler
206-553-0165,
Email:
keeler. geo ff @ep a. go v
Alan Moomaw
360-753-8071,
Email:
moomaw. alan@epa. gov
Alan Moomaw
360-753-8071,
Email:
moomaw. alan@epa. gov
Christine (T£ena)
Reichgott
206-553-1601,
Email:
reichgott.christine(S!epa.gov
Village Safe Water
907- 465-5137
Type of Issue
Wastewater Treatment:
Construction of wastewater treatment
facilities
Water Quality Activities: Ex: water
quality planning and assessments,
development of water quality standards.
Water Quality Cooperative
Agreements: Support for watershed
projects addressing point source
pollution, such as
storm water, combined sewer
overflows, combined animal feeding
operations (CAFOs), total maximum
daily loads (TMDL's)
Non-point Source: Implementation of
nonpoint source pollution management
plans. Ex: Low-impact development,
stream restoration.
Water Sanitation:
Construction of new or improved
drinking water systems and wastewater
sanitation systems; training and
technical assistance in the operation
and maintenance of treatment systems.
Funds are available from the Alaska
Department of Environmental
Conservation (ADEC) through the
Village Safe Water (VSW) Program
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OW-DWU
Safe Drinking
Water Act
CFDA#66.468
Drinking Water
Infrastructure Grants
Tribal Set-Aside
Program*
Geoff Keeler
206-553-1089,
Email: keeler. geoff@epa. gov
Drinking Water:
Capital improvements to public water
systems that serve Indian Tribes.
ECO
Clean Water Act
(104b3)
Wetland Program
Development Grants
Steven Roy
206-553-6221,
ro y. s teven(Siep a. go v
Wetland Protection,-
Priorities FY03:
Developing a comprehensive
monitoring and assessment program;
improving the effectiveness of
compensatory mitigation; and refining
the protection of vulnerable wetlands
and aquatic resources.
Air Issues
EPA mo
Office
Statutory
Authority/
CFDA#
Grant Program
Title
Contact
Type of Issue
OAQ
Clean Air Act
Section 103
CFDA#66.034
Surveys, Studies,
Investigations,
Demonstrations and
Special Purpose
Activities Relating to
the Clean Air Act*
Mary Manous 206-553-1059,
Email:
manous .mary@epa. gov
Diana Boquist 206-553-1568,
Email:
boquist.diana@epa.gov
Ambient Air Pollution:
Assess the nature and extent of ambient
air pollution problems by Tribes, non-
profits, universities, and consortia.
Projects of limited duration; not for
funding program implementation; no
TAS or match required .
OAQ
Clean Air Act
Section 105
CFDA#66.001
Air Pollution
Control Program
Support*
Mary Manous 206-553-1059,
Email:
manous .mary(S!epa. gov
Diana Boquist 206-553-1568,
Email:
boquist.diana@epa.gov
Air Pollution Programs:
Administer on-going air pollution
programs that address air pollution
concerns where there is a demonstrated
need and capability. 40% match
required unless Tribe is eligible for
TAS.
OAQ
TSCA section
306
SARA Title III
CFDA#66.032
State Indoor Radon
Program*
(40 CFR Part 31)
Rick Poeton
206-553-8633,
Email: poeton.rick@epa.gov
Indoor Radon:
During the first year of the grant the
Tribe surveys homes and Tribally
owned buildings for elevated levels of
radon. If elevated levels are found then
during the second year of the grant all
or some of those problems are fixed
through a demonstration project.
Multi-media Issues
EPA mo
Office
Statutory
Authority/
CFDA#
Grant Program
Title
Contact
Type of Issue
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OEA
ECO-
Pesticides
CEC
OCREEJ
ECO
Tribal Office
Pollution
Prevention Act
of 1990
CFDA# 66.708
FIFRA, Section
23(a)(l)
CFDA#66.700
National
Environmental
Education Act of
1990, Section 6
CFDA # 66.951
CFDA#66.604
CFDA#66.606
Indian
Environmental
General
Assistance
Program
(General
Assistance
Program (GAP)
for Tribes)
CFDA#66.926
Pollution Prevention
Incentive Grants*
Pesticide
Enforcement
Program
Development and
Implementation*
Environmental
Education Grant
****
Environmental
Justice Grants*
Regional Geographic
Initiative (RGI)
Funds*
Indian
Environmental
General Assistance
Grants*
Carolyn Gangmark
206-553-4072,
Email:
gangmark.carolyn@epa.gov
Theresa Pimentel
206-553-0257,
Email:
pimentel.theresa(S!epa.gov
Sally Hanft
206-553-1207,
Email: hanft. s ally@epa. gov
Victoria Plata
206-553-8580,
Email:
plata. victoria^ep a. gov
Dan Phalen
206-553-8578,
Email: phalen.dan@epa.gov
Alaska
907-271-6558
Idaho, Oregon &
Washington
206-553-4011
Prevention
ex: going to your community and
asking them not to purchase problem
material (i.e.; plastic bags) in the first
place.
Pesticide Program Development and
Pesticide Enforcement.
Including
- Endangered Species
- Pesticides in groundwater
- Worker Protection & Safety
Environmental Education:
To provide support for projects which
design, demonstrate, or disseminate
environmental education practices,
methods, or techniques, including
assessing environmental and ecological
conditions or specific environmental
issues or problems.
Environmental justice Issues
RGI Projects:
RGI funding supports projects in
geographic areas in Alaska, Idaho,
Oregon, and Washington that have
been identified as a high priority by the
Region, States, Tribes, localities, or
citizen groups due to high or potentially
high human health or ecosystem risk,
or due to significant potential for risk
reduction or avoidance
Environmental Program Capacity
Building:
To provide funding for Tribes to plan,
develop and establish environmental
protection programs.
Waste Issues
EPA RIO
Office
Statutory
Authority /CF
DA#
Grant Program
Title
Contact
Type of Issue
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125
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ECL
CFDA# 66.802
Site Assessment
Cooperative
Agreement*
Denise Baker 206-553-4303,
Email: baker.denise@epa.gov
Site Assessment Cooperative
Agreement:
EPA can provide a Site Assessment
Cooperative Agreement at a site where
EPA is conducting a site assessment.
The purpose of these cooperative
agreements is to provide for technical
participation of the Tribe, or Tribes, in
the cleanup process.
EPA has awarded grants only to NPL
caliber sites that are undergoing
"expanded" site investigations.
ECL
CFDA# 66.802
Support Agency
Cooperative
Agreements*
Denise Baker 206-553-4303,
Email: baker.denise(S!epa.gov
Support Agency Cooperative
Agreement:
EPA can provide a Support Agency
Cooperative Agreement to a Tribe, or
Tribes, to allow their technical
participation at NPL sites where EPA is
conducting an investigation or cleanup.
These are awarded on a non-
competitive basis.
ECO/
ECL
Section 117(e) of
CERCLA 1980,
as amended
Technical Assistance
Grants (TAG)*****
Debra Sherbina
206-553-0247;
Email:
sherbina.debra(Siep a. gov
Community Involvement in Superfund
Site:
Community groups may be eligible for
a Technical Assistance Grant in
situations where there is a Superfund
site is listed or proposed for listing on
the National Priorities List. Tribal
governments are not eligible for these
types of grants, but a community group
that includes Tribal members may be
eligible. EPA can award TAGs of up
to $50,000 per site. TAGs allow an
interested community group to hire a
technical advisor to help them interpret
and comment on site-related
information and decisions, providing
the community further opportunities to
participate in technical issues regarding
a site. For instance, a community
group could use the funds to hire an
independent expert to help them
interpret technical data, understand site
hazards, and become more
knowledgeable about the different
technologies that are being used to
clean up sites like the one they are
concerned about.
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126
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ECL
Section 123 of
SARA
Local Government
Reimbursement
(LGR)*
Beth Sheldrake
206-553-0220,
E-mail:
sheldrake.beth@epa.gov
and
MaryGoolie 907-271-3414,
E-mail: goolie.mary (Sjepa.gov
Temporary Emergency Measures:
Federal funds available to Tribes and
local governments for costs related to
temporary emergency measures
conducted in response to releases or
threatened releases of hazardous
substances.
EPA is authorized under SARA to
reimburse federally-recognized Indian
Tribes and local governments for
expenses incurred in carrying out
temporary emergency measures in
response to hazardous substance
threats.
CERCLA specifically limits
reimbursement to $25,000 per single
response. This $25,000 cap plus the
limited availability of funds for the
program may not allow EPA to
reimburse Tribal or local governments
for all response costs that may qualify.
ECL
The Emergency
Planning and
Community
Right-to- Know
Act, SARA Title
III, Section
305(a)
Grants for specific
projects in Chemical
Emergency Planning
and Accident
Prevention*
Beth Sheldrake
206- 553-0220,
Email:
sheldrake.beth (Sjepa.gov
and
Mary Goolie
907-271-3414,
E-mail: goolie.mary(aiepa.gov
AK - Mary Goolie
ID, OR, WA - Beth
Sheldrake
Chemical Emergency Planning and
Accident Prevention: EPA can provide
grants to assist Tribes in doing work
necessary to comply with EPCRA. To
reinforce SERCs, TERCs, and LEPCs
in their leadership, the U.S.
Environmental Protection Agency
(EPA) awards annual grants for specific
projects in chemical emergency
planning and accident prevention.
These grants are directed through the
Agency's Chemical Emergency
Preparedness and Prevention Office
(CEPPO). Our ability to provide these
grants is subject to funding availability.
ECL
CFDA# 66.818
Brownfields
Assessment
Grants**
Timothy Brincefield 206-
553-2100,
Email:
brincefield.timothy(S!epa.gov
Roopa Karia 206-553-6316,
E-mail: karia.roopa(S,ep a. gov
B rownfield Sites:
Inventory, characterize, and conduct
environmental assessment of
brownfield sites. Funds may also be
used to support redevelopment
planning and community involvement
in the brownfield area. Grants on a
community-wide or site-by-site basis of
up to $200,000 for hazardous substance
sites and/or up to $200,000 for
petroleum sites: may request waivers up
to $350,000 for site specific assessment.
Tribal Resource Guide - Working Draft 2004
127
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ECL
CFDA# 66.811
Brownfields Job
Training Grants***
Roopa Karia 206-553-6316,
E-mail: karia.roopa@ep a. gov
Training:
To develop an environmental
assessment and hazardous waste
cleanup job training programs in
communities that have received EPA
brownfield assistance. Grant awards
are up to $200,000.
ECL
CFDA# 66.817
State and Tribal
Response Program*
Susan Morales
206-553-7299,
E-mail:
morales. sus an@epa. gov
Environmental Response:
To enhance or establish a formal
environmental response program.
Priorities include public record,
inventory of brownfield sites, oversight
and enforcement mechanisms,
meaningful public participation.
ECL
CFDA# 66.818
Brownfields Cleanup
Grants**
Timothy Brincefield
206-553-2100,
Email:
brincefield.timothy@epa.gov
Susan Morales
206-553-7299,
E-mail:
morales .sus an@epa. gov
Brownfields Cleanup:
To perform, manage , and conduct
cleanup of sites owned by an eligible
entity. Funding may also be used for
public involvement, verification and
documentation of site cleanup and
some portion of funds may be used to
purchase insurance. Grants of up to
$200,000 per site and applicants may
apply for up to 5 sites.
ECL
CFDA# 66.818
Brownfields Cleanup
Revolving Loan
Fund**
Timothy Brincefield 206-
553-2100, Email:
brincefield.timothv@epa.gov
Grants up to $1,000,000 per eligible
entity to capitalize and manage a
revolving loan fund. Eligible activities
include: Make loans to other eligible
entities, non-profits, private site owners
or developers; Make sub-grants to an
eligible entity or non-profit to clean up
a site they own (up to 40% of funds
can be sub-granted).
OWCM
CFDA#66.812
National Tribal
Hazardous Waste
Grant Program*
Nina Kocourek
206-553-6502,
Email:
kocourek.nina@epa.gov
Hazardous Wasrte Program Capacity
Building Grants:
Goal is to encourage comprehensive
integrated hazardous waste
management practices that are
protective of human health and the
environment
OWCM
TSCA Section
404(g)
CFDA#66.707
Lead (Pb) - Tribal
Authorization*
Barbara Ross
206-553-1985,
Email: ross.barbara(Siepa.gov
Lead poisoning prevention:
Develop authorized programs to prevent
lead poisoning through the training of
workers who remove lead-based paint, the
accreditation of training programs, the
certification of contractors, and renovation
education programs. The grants also fund
education and outreach for prevention and
collection of lead data to determine the
nature and extent of the lead problem
within an area.
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OWCM
OWCM
TSCA Section 10
CFDA# 66.715
Solid Waste
Disposal Act
Sec. 8001
CFDA#66.808
CFDA#66.808
Tribal Lead Grant
Program*
Open Dumps
Cleanup Project*
Solid Waste
Management
Assistance Grants*
Darlene Watford
202-566-0516,
Email:
watford.darlene@epa.gov
Grover Partee
206-553-6697,
Email:
p artee . gro verfojep a. go v
Domenic Calabro
206-553-6640,
Email:
calabro.domenic(S!epa.gov
Assessment of Lead Hazards: The
Tribal Lead Grant program will allow
Tribes to test and analyze lead in blood,
paint, dust and soil, conduct lead
inspections and risk assessments, and
conduct lead outreach activities.
Open Dumps Clean-up:
Assessing dumps and the communities'
future solid waste management needs;
planning to address those needs;
developing alternatives to existing open
dumps such as transfer stations or even
RCRA-compliant landfills; and closing
and cleaning up open dumps.
Recycling, Waste Reduction, & Product
Stewardship Projects
Grant Resources:
While this list has tried to capture all EPA RIO funding sources available to Tribes, it is entirely possible that this
list is not all inclusive. Following is a brief list of links for more information on grants.
EPA Region 10 Tribal Office Homepage
http://www.epa.gov/rlOearth. click on Tribes - then click on Tribal Grants
Online Catalog of Federal Domestic Assistance
http://www.cfda.gov/public/granttopics.asp
Catalog of Federal Funding Sources for Watershed Protection
Search by type of assistance, eligible organization, match required and/or environmental category.
http://cfpub.epa.gov/fedfund
Chronicle of Philanthropy
Newsletter about fund-raising trends.
http://www.philanthropy.com/
The Alaskan Funding Exchange
Alaskan Source for technical support, training and information about grants.
http://www.funding-exchange.org/
The Alaska Conservation Foundation
An Alaskan Foundation that makes grants within the State.
http://www.akcf.org/
The Grant Station
On-line database of foundations and grants makers.
http://www.grantstation.com/
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Region 10 Tribal Specialists
In accordance with the EPA Region 10 Strategic Plan for Tribal Programs (Goal 5) the goal of the Tribal
Specialists is to ensure that Region 10 resources are used as efficiently as possible, their work is targeted
to address the highest priority needs, and the region's organizational structure supports enhanced Tribal
activities. Tribal specialists serve as a point of contact for Tribal issues for the media office that they
reside in.
EPA REGION 10
TRIBAL SPECIALISTS
Name
Myrna Jamison (Lead)
Dan Phalen
Denise Baker
Evelyn Holtzendorf
Fran Stefan
OEA Deputy Director
Marcia Lagerloef
Robin Slate (located m Olympia)
Mark Maclntyre
Mary Manous
Diana Boquist (Alternate)
Michele Wright
(Enforcement & Compliance)
Victoria Plata
(Civil Rights & En vir Justice)
Rich McAllister
Office
Office of Tribal Operations
Office of Ecosystems & Communities
Office of Environmental Cleanup
Office of Management Programs
Office of Waste & Chemical
Management
Office of Environmental Assessment
Office of Water
Office of External Affairs
Office of Air Quality
Office for Civil Rights, Enforcement &
Environmental Justice
Office of Regional Counsel
Mail Stop
TO-149
ECO-081
ECL-110
OMP-145
WCM
OEA-095
OW-137
WOO
EXA-142
OAQ-107
OEC-164
ORC-158
Phone #
206-553-2931
206-553-8578
206-553-4303
206-553-6344
206-553-6639
206-553-1200
206-553-4141
360-753-9082
206-553-7302
206-553-1059
206-553-1586
206-553-1747
206-553-8580
206-553-8203
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APPENDIX
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APPENDIX CONTENTS
1984 EPA INDIAN POLICY
MOU AMONG BIA, EPA, HUD, & IMS
EXECUTIVE ORDER 12875
EXECUTIVE ORDER 12898
EXECUTIVE ORDER 13007
EXECUTIVE ORDER 13084
EXECUTIVE ORDER 13175
EPA R10 STRATEGIC PLAN FOR TRIBAL PROGRAMS
PRESIDENT CLINTON STATEMENTS
CHRISTINE TODD WHITMAN'S REAFFI RMATION OF EPAS INDIAN POLICY
EPA R10 TRIBAL CONSULTATION POLICY
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US EPA REGION 1O TRIBAL OFFICE
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