United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency
Response
EPA/XXX/X-XX/XXX
March 1999
www.epa.gov
&EPA
Response to Recommendations
From The National Tribal
Environmental Council's
February 10-11,1998
Albuquerque National Tribal
Forum
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Dear Albuquerque Conference Participant:
It is my pleasure to present the Office of Solid Waste and Emergency Response's (OSWER)
response to the recommendations made by the participants at the February 10-11, 1998 National
Tribal Environmental Council Forum. As you know, a number of recommendations were made
by the participants from the small working group sessions at the forum. Those recommendations
centered on identifying impediments, and possible solutions to more effectively implementing
waste programs on Tribal lands.
OSWER would like to thank the National Tribal Environmental Council for hosting this important
event, and for their support in assisting Tribal governments in waste program implementation.
Attached you will find our final response to the recommendations. We provided a two-month
comment period on our first draft which was sent to you in August 1998. Where possible, we
have incorporated the comments that we received into this action plan. Additionally, your
comments will be incorporated into our OSWER Tribal Strategy, which we expect to finalize by
May 1999.
This action plan outlines how my office will provide more support to Tribal governments in
implementing their waste programs in Fiscal Year 99-2000. We have completed approximately
22 of the 106 recommendations made to OSWER at the meeting. I pledge to you my support in
completing the remaining actions, and continuing our efforts to provide more support to Tribal
governments.
Again, thank you for your attendance and participation at the Albuquerque forum. The issues
and concerns expressed at the forum have become the basis not only of this action plan, but our
OSWER Tribal Strategy as well. I believe that by working together, we can make a difference in
Indian Country, and I look forward to working with you on these issues. Should you have any
questions regarding this action plan, please contact Charlene Dunn at 202-260-9466.
Sincerely,
Timothy Fields, Jr.
Acting Assistant Administrator
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OFFICE OF EMERGENCY
AND REMEDIAL RESPONSE
(OERR) ACTION PLAN
The following is a list of activities that the
Office of Emergency and Remedial Response
will conduct to meet its commitments from
the Albuquerque meeting. The Superfund
commitments are correlated with each Tribal
recommendation, and include a brief explana-
tion of the recommendation, actions we will
take to address the commitments, and comple-
tion milestones.
(I) Tribal priorities study
Under CERCLA section 126 (c), EPA is
tasked to conduct a Tribal Priorities Study
consisting of a survey, in consultation with
Indian Tribes, to determine the extent of
hazardous waste sites on Indian lands. The
study is to be part of a report which makes
recommendations on the program needs of
Tribes under CERCLA, with particular
emphasis on how Tribal participation in the
administration of such programs can be
maximized.
EPA will develop a Tribal priorities study
through the following action items:
Action: OERR will compile current informa-
tion on hazardous sites in Indian Country into
an inventory of Tribal sites that potentially
qualify for action under CERCLA. EPA will
use existing data from EPA Regions, Federal
agencies and Tribes as a starting point to
compile the information. The site inventory
will include:
—Non-CERCLIS sites identified by
Tribes and EPA
—CERCLIS sites identified by Tribes and
EPA
—NPL sites in or adjacent to Indian
Country
—Open dump sites potentially containing
hazardous waste identified by Federal
Agencies (IHS, BIA, DoE, DoD and
EPA) and Tribes
Projected completion date: Draft List,
January 1999; EPA regional review of
Draft List,
March 1999
Action: OERR will share the draft list of
compiled sites with Tribes for Tribal review
and approval, and incorporate changes made
by Tribes.
Projected completion date: share Draft
List, June 1999; Final List, September 1999
Action: OERR will utilize the approved Tribal
sites list to (1) seek from Tribes their priorities
for sites needing assessment and cleanup, and
(2) to develop, in conjunction with Tribes,
recommendations for the Tribal Priorities
Study.
Projected completion date: September 2001
Action: OERR will work closely with Tribes
to assess Tribal sites in order to determine
which sites may qualify for action under the
Superfund Program.
Projected completion date: annual site
assessment through 2002
(2) Federal facility deletion policy
Action: OERR is committed to working with
the Federal Facilities Restoration and Reuse
Office to ensure that Tribal concerns and
interests as related to Superfund are reflected
in EPA's revised policy for deleting Federal
facility sites on the NPL and deferring eligible
Federal facility sites to the RCRA program.
Projected completion date: ongoing
(3) Enhanced Tribal Policy for
Dissemination
This commitment is to ensure that EPA's Plan
to Enhance the Role of States and Tribes in
the Superfund Program (a document outlining
the proposed plan) is fully communicated and
disseminated to Tribes to encourage com-
ments and Tribal participation in the imple-
mentation effort.
Action: OERR will disseminate the plan to all
federally-recognized Tribes.
Completion date: August 1998
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Action: OERR, through the State/Tribal
Enhanced Role Team (STROLE), will develop
a communications plan with a component for
conducting Tribal outreach, including making
use of recommendations provided by Tribes at
the December 1998 Tribal Risk Conference on
ways to improve communications with Tribes.
Projected completion date: January 1999
(4) Educate employees on Tribal
issues
The American Indian Environmental Office in
EPA has developed a training package entitled
"Working Effectively with Tribal Govern-
ments" to educate EPA personnel on how to
work with Tribes through, among other things,
knowledge of their special status, treaty rights
and government structures, as well as the
Federal government's trust responsibility.
The Superfund program managers are com-
mitted to training all managers and staff on
these topics.
Action: OERR will conduct program specific
Tribal training consistent with materials
developed with the American Indian Environ-
mental Office for OERR managers.
Projected Completion date: April 1999
Action: For its staff, OERR will conduct a
series of program-specific Tribal training that
is consistent with materials developed with the
American Indian Environmental Office.
Projected completion date: December 1999;
additional training as needed through FY
2002
Action: OERR staff and managers will
participate in OSWER's Tribal issues training
program.
Projected completion date: April 1999
(5) Treaty rights
The recommendation was for OERR to hold a
meeting to discuss treaty rights in relation to
the HRS and the overall Superfund Program.
Action: After consultation with its Office of
General Counsel, OERR has decided not to
pursue a commitment to this recommendation.
Given the importance of this subject and its
implications for the entire Agency, it is
appropriate for OSWER to wait for the Office
of General Counsel to lead discussions in this
area, and we will continue to encourage them
to lead this effort.
(6) Mechanisms other than the NPL
EPA recognizes that remediation of contami-
nated sites in Indian Country that do not
qualify for the NPL may be significantly
delayed or may never occur due to a lack of
resources and cleanup program options.
OERR will identify, evaluate, and raise the
issue of using mechanisms other than the NPL
to support environmental protection and
cleanup in Indian Country.
Action: Identify, evaluate and raise this issue
for discussion at a Superfund Division Direc-
tors meeting.
Projected completion date: February 1999
Action: Follow-up initial discussions with
managers to make decisions on which tools to
use and how to use them to cleanup non-NPL
Tribal sites.
Projected completion date: July 1999
Action: Institute the Superfund Budget 2000
Site Assessment Initiative to significantly
increase (or set aside) funds for Tribes to
conduct site assessment activities in Indian
Country, and seek options for cleanup apart
from NPL listing.
Projected completion date: December 1999
Action: Explore alternatives through appro-
priate Tribal pilots originating out of EPA's
initiative to Enhance the Role of States and
Tribes in the Superfund Program. Secure
proposals for Tribal pilots through EPA
regional offices.
Projected completion date: EPA has ap-
proved proposals for eight Tribal pilots, and
we expect to review several more pilot
project proposals by April 1999
Action: Evaluate initial pilot results in identi-
fying alternative mechanisms to achieve
environmental cleanup with the intent to
implement on a wider basis.
Projected completion date: March 2000
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(7) Consider a Superfund Tribal
lands funding decision
This recommendation addresses the need for a
Tribal funding "set-aside" in Superfund to
ensure Tribes are given an appropriate propor-
tion of funding (in relation to States) to
address environmental contamination.
Action: Institute the Superfund Budget 2000
Site Assessment Initiative to significantly
increase (or set aside) funds for Tribes to
conduct site assessment activities in Indian
Country.
Projected completion date: December 1999
(8) Cultural values in OERR
programs
This recommendation specifies that EPA's
current methods of screening and prioritizing
Superfund sites are based on risk principles
that do not account for Tribal cultural impacts.
Two important risk tools are the Hazard
Ranking System (HRS) regulations and the
Risk Assessment Guidance in Superfund
(RAGS). The HRS is EPA's mathematical
scoring system to assess the relative risks
posed by sites in order to determine whether a
site is eligible for the NPL. RAGS also does
not account for unique practices of Tribes
which may result in insufficient protection of
Indian Country.
Action: OERR will work with Tribal repre-
sentatives and organizations to develop an
approach to incorporate Tribal cultural values
into the HRS prioritization process, and test
this approach at one or more sites in Indian
Country. This effort will include forming a
working group of interested Tribal risk
assessment contacts and Superfund personnel
to analyze and develop an approach, and
holding a national workshop on Tribal risk
issues. Finally, OERR will approve Tribal
pilots to develop and test alternatives to the
current HRS methodology through incorpora-
tion of Tribal cultural values.
Projected completion date: October 1999
Status Update: EPA completed a national
workshop on Tribal issues on December 10,
1998, and approved two Tribal pilot
projects that will explore Tribal risk issues
in the HRS (Pueblo Office of Environmen-
tal Protection) and risk assessment (Leech
Lake Tribe). OERR, through NTEC, will
solicit Tribal membership for a workgroup
to address risk issues in a letter addressed
to all federally-recognized Tribes in March
1999.
Action: OERR will work with Tribal repre-
sentatives to develop an outline for a generic
Tribal risk assessment as one approach that
may be used by Tribes interested in preparing
their own risk assessments.
Projected Completion date: September
1999
OFFICE OF UNDERGROUND
STORAGE TANKS (OUST)
ACTION PLAN
The following is a list of activities that the
Office of Underground Storage Tanks will
conduct to meet its commitments from the
Albuquerque meeting:
(I) Build Tribal capacity to
implement an underground storage
tank program
Action: We are accomplishing this primarily
by providing RCRA section 8001 grants. We
are also accomplishing this through technical
assistance, training and grants provided under
other authorities (e.g., General Assistance
Program or "GAP").
Projected completion date: ongoing
(2) Request authority to give grants
to Tribes under the annual
appropriation
Action: This request was made as part of the
President's proposed fiscal year 1999 budget.
Congress gave EPA the requested authority to
provide assistance agreements to Tribes
through RCRA Sections 2007 and 9003.
Completion date: October 1998
(3) Prioritize non-tribal dollars from
RCRA to entities other than EPA for
training
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Action: OUST does this whenever possible.
For example, we are using non-tribal desig-
nated dollars to pay for the development of
draft Tier 2 software and Tier 2/3 guidance
documents to implement Risk Based Correc-
tive Action (RBCA) in Indian Country.
RBCA is a streamlined corrective action
process which integrates risk assessment
throughout the process).
Projected completion date: ongoing
(4) Expand direct implementation
strategy
Action: OUST is actively accomplishing this
on the following several issues:
A.Determine legal limitations on use of
Leaking Underground Storage Tank
(LUST) Trust Funds in Indian Country.
Projected completion date: February 1999
B.Determine contract options for spending
LUST Trust Funds.
Projected completion date: February 1999
C. As part of the planning effort for fiscal
year 1999-2005, determine all of the
priority activities in Indian Country.
Completion date: November 1998
D.Finalize an implementation plan for
enforcement of the 1998 deadline with
the Office of General Counsel and the
Office of Enforcement and Compliance
Assurance.
Completion date: December 1998
(5) Provide training opportunities
for Tribal environmental staff
Action: We provide funding to the regions
each year and all or virtually all training
requests from Tribal environmental staff are
approved.
Projected completion date: ongoing
(6) Locate abandoned USTs
Action: The regions have been completing
abandoned UST surveys and providing RCRA
Section 8001 grants to Tribes to do so. We
anticipate a large increase in the number of
abandoned USTs as a result of the 1998
deadline. It will be several years and an
increase in LUST funding to determine
whether there have been releases and the
effect of any releases that have occurred. (See
discussion below on fiscal year 1999 appro-
priations.)
Projected completion date: ongoing
(7) Leverage more LUST resources
Action: As part of the President's fiscal year
1999 budget request, the Administration
proposed increasing the amount of LUST
Funds available for Indian Country by $2.4
million for a total of $2.8 million. Congress
approved the President's request.
Completion date: October 1998
Issues Which OUST Has Identified As
Beyond Its Control
(1) Amend RCRA so that Tribes are not
defined as municipalities
Explanation: OSWER is continuing to work
within the Administration to accomplish this.
(2) Ensure that EPA abides by and ac-
knowledges sovereignty issues
Explanation: Through its 1984 and 1994
Indian policies, EPA recognizes Tribes as
sovereign nations.
(3) Clarify EPA's responsibility on trust
and fee lands
Explanation: OUST is attempting to do this
with the help of OGC as it relates to the
expenditure of LUST Trust Funds especially
as they are used to deal with abandoned sites.
(4) Notify Tribes about the creation of
Tribal Association on Solid Waste and
Emergency Response (TASWER)
Explanation: OSWER has provided funding
for TASWER. A notification of its establish-
ment was mailed to all federally-recognized
Tribes during the Summer of 1997.
(5) Create a Region 11 for all Tribes and
allocate Tribes a fair share of appropriations
(6) Create internships with universities
or state agencies to work with consortia
or Tribes
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(7) Expand the number and use of IP As and
coordinate with Tribal colleges
Explanation: OSWER will continue to support
and fund at least one Tribal IPA each fiscal year.
(Contingent upon available funding).
(8) Develop a list of universities that have
internships for Native Americans
(9) Invite EPA staff to work and learn at
Tribal offices and send Tribal people to EPA
Explanation: OSWER will continue to
support and fund at least one Tribal IPA each
fiscal year.
(10) Clarify agency jurisdictions through
MOUs
Explanation: OSWER supports the use of
MOUs and is interested in pursuing them
whenever feasible.
(11) Get clearer language in grants
through a language training manual con-
cerning EPA programs
(12) Provide more grants to Tribes with
small numbers of underground storage
tanks.
Explanation: With the existing level of
appropriations, this will be difficult to achieve
since OUST has almost enough to fund Tribes
with a moderate or large number of USTs.
However, this becomes more feasible if
appropriations increase.
(13) Consider use of tax incentives to
further cleanups on reservations
(14) Clarify EPA's role as it relates to DoE
areas adjacent to Indian reservations
OFFICE OF SOLID WASTE
(OSW) ACTION PLAN
The following is a list of activities that OSW
will complete to meet its commitments from
the Albuquerque meeting. There are two
sections, the Municipal Solid Waste activities
and Hazardous Waste activities. The OSW
commitments are correlated with each Tribal
recommendation, and include a brief explana-
tion of the recommendation, actions OSW will
take to address the commitments, and comple-
tion milestones. Within each section there are
recommendations that will require the assis-
tance of another EPA program office, and for
those recommendations, OSW will defer to
that other office.
In developing this Action Plan, OSW assumed
increased funding levels for Tribal program
activities. As most actions are dependent on
future funding levels, particularly those
actions with completion dates in fiscal years
2000-2002, actual activities and completion
dates may change.
Municipal Solid Waste
(1) Link safe water with solid waste to
increase priority
As the number of environmental priorities
increase for Tribal governmental programs,
the priority that Tribes place on solid waste
management competes with other Tribal
environmental issues. Tribes have consis-
tently placed drinking water and water quality
issues as the top priority. To maintain solid
waste issues as a high priority, Tribes have
asked EPA to develop linkages between solid
waste management and safe water programs.
Action: OSW will review our grant programs
and identify those that can be linked with safe
water programs. This information will be
made available to EPA regions and Tribes.
Projected completion date: March 1999
Action: OSW will initiate coordination with
the appropriate programs in the Office of
Water and explore the use of additional EPA
grant authorities to include solid waste man-
agement issues in watershed planning and
management. Grant programs where waste
management and compliance issues could be
linked with safe water issues include the
Water Pollution Control Program, the Public
Water Supply Supervision Program, and the
Indian Environmental General Assistance
Program.
Projected completion date: June 1999, with
continued coordination ongoing
Action: OSW will coordinate with the EPA
regional offices to ensure that all information
and examples of linkages between solid waste
and safe water issues are available for Tribes.
Projected completion date: September 1999
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(2) Address integrated waste management;
look for potential crossover within areas
Many Tribes have expressed a need to address
their waste management issues in a holistic
manner. Integrated waste management
(IWM) practices are important methods of
developing Tribal waste programs. IWM
enables Tribes to address various components
that are important for success, such as devel-
oping compliance programs for open dumps,
planning for solid waste management alterna-
tives, developing recycling or waste minimi-
zation or diversion programs, and fostering
community education regarding solid waste
management objectives. IWM is a central
theme of the OSW Tribal program.
Action: OSW will improve its current ap-
proaches for providing technical and financial
assistance to Tribes on IWM. Improved IWM
guidance for Tribes at all levels of program
development will be incorporated into techni-
cal and financial assistance to Tribes.
Projected completion date: June 1999
Action: OSW is developing a comprehensive
database to track Agency-wide grants given to
the Tribes for solid waste management
activities.
Projected completion date: March 1999
(3) Interagency initiative on cleanup
resources
The Tribal Solid Waste Interagency
Workgroup was formed in April 1998 and met
three times in fiscal year 1998. The
workgroup, which is co-chaired by the Acting
Director of the Office of Solid Waste and the
Director of the Federal Facilities Enforcement
Office, is charged with developing a multi-
agency strategy for addressing open dumps
and other solid waste issues in Indian Country.
Current workgroup members include repre-
sentatives from the EPA Office of Solid Waste
and Emergency Response, the EPA Office of
Enforcement and Compliance Assurance, the
Bureau of Indian Affairs, the Indian Health
Service, the Federal Aviation Administration,
the National Oceanic and Atmospheric
Administration, the U.S. Geological Survey,
the Department of Housing and Urban Devel-
opment, the Department of Agriculture (Forest
Service and Rural Utilities Service), and the
Department of Defense. The Workgroup has
and will continue to consult with EPA's Tribal
Operations Committee, TASWER, and Tribal
governments on long-term strategies for
assisting Tribes in this area.
In fiscal year 1999, the Workgroup plans to
test a multi-agency approach to closing open
dumps and improving compliance by award-
ing 3-6 pilot projects to small, medium, and
large Tribes. The pilot projects will serve as
models for developing the Workgroup's long-
term approach to addressing the open dump
issue and other Tribal solid waste manage-
ment needs.
Action: Continue working with Tribal Solid
Waste Interagency Workgroup to develop
multi-agency strategy for addressing solid
waste issues in Indian Country.
Projected completion date: July 1999 and
ongoing
Action: OSW and OECA will solicit and
award 3-6 Open Dump Clean-Up Pilot
Projects. The projects will be funded by
multiple agencies.
Projected completion date: December 1999
— depending upon funding from partici-
pating Federal agencies
Action: Continue to solicit and award Open
Dump Clean-Up Projects for up to 140 open
dump sites.
Projected completion date: fiscal years
2000-2002 — depending upon funding from
participating Federal agencies
(4) Organize to help Tribes locate
potential cleanup funds
TASWER was chartered in July 1997 as a
non-profit, membership organization open to
all federally-recognized Indian Tribes.
TASWER recognizes the sovereign relation-
ship of all Tribal nations with the Federal
Government and will be pro-active in the
national decision-making and regulatory
process, ensuring Tribal participation on an
equal level on all solid waste and emergency
response issues. TASWER is funded by the
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Office of Solid Waste and Emergency Re-
sponse.
Action: OSW will consult with TASWER on
key issues for Tribal solid and hazardous
waste management in Indian Country.
Projected completion date: ongoing consul-
tation
Action: As resources are available, OSW will
provide funding support for TASWER.
Projected completion date: OSW (with
other OSWER offices) funded TASWER in
FY99
Action: OSW will provide training support
for TASWER personnel, and facilitate rela-
tionships with other Federal agencies.
Projected completion date: September 1999
and continuing as requested
(5) Assist in grant and loan requests
OSW will continue to provide Tribes with
financial assistance information and guidance
for solid waste activities.
Action: Update the document, Grant Re-
sources for Solid Waste Activities in Indian
Country, #EPA530-R-96-051, which provides
information on Federal and non-federal
sources of funding for Tribal solid waste
activities.
Completion date: October 1998
Action: Develop tip sheet, "Preparing Suc-
cessful Grant Proposals (#EPA 530-F-97-
051), which describes procedures that Tribes
can follow when applying for solid waste
management grants.
Completion date: February 1998
(6) Leverage
This recommendation restates the need for
OSW to join other Federal agencies with
resources to address solid waste management
issues on Indian lands. See discussion above
regarding the interagency initiative on cleanup
resources under Recommendation 3.
(7) Legislative Strategy: whose
responsibility; Tribal coordination on
issues; possible TASWER role; issues
regarding use of funds
OSW understands that Tribes support amend-
ing RCRA to authorize EPA to treat Tribes in
a similar manner as states, to provide long-
term financial assistance, and to fund con-
struction activities. EPA is prohibited from
directly initiating or lobbying for legislative
changes to RCRA. The responsibility for
proposing legislative changes rests with the
Tribes. However, OSW commits itself to
work with Tribes to organize policy and
technical justifications in the appropriate
program areas of RCRA, and to improve its
readiness to respond to opportunities for
changes in RCRA that affect Tribes.
Action: As appropriate, OSW will also work
to enhance authorities in other legislation that
could address waste issues on Tribal lands.
For example, P.L. 105-276 (fiscal year 1999
EPA Appropriations Bill) now provides the
Agency with the authority to award grants to
Tribes for "the development and implementa-
tion of programs to manage hazardous waste,
and underground storage tanks."
Completion date: fiscal year 1999 EPA
Appropriations Bill signed in October 1998;
follow-up activities ongoing through fiscal
year 2002; track status semi-annually
Action: As appropriate, OSW will help
identify statutory barriers faced by Tribes.
OSW and OSWER will continue to co-chair
the "RCRA Fix" small workgroup, recently
established by the American Indian Environ-
mental Office (AIEO). The workgroup
provides a framework for the EPA Regions
and Headquarters to discuss statutory barriers
and technical and policy considerations for
addressing impediments.
Proposed completion date: ongoing, status
will be reported semi-annually
Action: Review the National Tribal Environ-
mental Council's (NTEC) Final Report: "Solid
Waste Management in Indian Country-Tribal
Focus Meetings for identification of statutory
and regulatory barriers. Revise the "Draft
Municipal Solid Waste Strategy for Indian
Country" to address barriers raised in NTEC's
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report. The revised Municipal Solid Waste
(MSW) Strategy will be posted on the MSW
Management in Indian Country website and
comments will be requested.
Projected completion date: June 1999
Action: Draft a list of potential technical and
policy considerations related to potential
legislative changes.
Projected completion date: December 1999
(8) Short -term emergency plan for
Tribes given 1998 enforcement
deadlines
The municipal solid waste landfill deadlines
for final cover were October 9, 1998. OSW
will coordinate with the Office of Enforce-
ment and Compliance Assurance and with the
Federal Interagency Solid Waste Workgroup
on this recommendation.
Action: Coordinate with OECA and Tribal
Solid Waste Interagency Workgroup.
Projected completion date: March 1999;
track status quarterly
(9) Initiative to change RCRA from
Federal agencies
See discussion and actions under Recommen-
dation 7.
(10) Partnerships with neighbors:
jurisdictional issue; collection/
disposal; cleanups
OSW will continue to facilitate partnerships
with Tribal governments, and to identify
opportunities for partnerships among Federal
agencies, Tribes, States, and local communi-
ties. We will provide support to ongoing
partnerships in the EPA regions, and provide
assistance in establishing new partnerships.
Action: OSW developed the tip sheet, Part-
nerships in Solid Waste Management,
#EPA530-F-97-050, which provides guidance
to Tribes on establishing partnerships with
other Tribes, States,or local governments to
address solid waste issues.
Completion date: February 1998
Action: Re-establish Tribal Solid Waste Peer
Match Program. This action is dependent
upon future funding levels.
Proposed completion date: January 2000
Action: On a case-by-case basis coordinate
with the Office of General Counsel, the Office
of Enforcement and Compliance Assurance,
and appropriate EPA regional offices regard-
ing jurisdictional issues.
Proposed completion date: track status
quarterly
Action: As part of tip sheet/case studies under
Recommendation 27, develop two to four tip
sheets and/or case studies on successful
partnerships between Tribes and Federal and
non-federal sources for use by Tribes inter-
ested in establishing similar relationships.
This action is dependent on future funding
levels.
Proposed completion date: one by Septem-
ber 1999; additional tip sheets in fiscal
years 2000-2002
(II) Waste reduction
OSW plans to improve its current approaches
for providing technical and financial assis-
tance to Tribes on waste reduction as it
addresses integrated waste management. See
actions under Recommendation 2.
(12) Integrated Waste Management
Plan supported by all Federal
agencies
See discussion and actions under Recommen-
dation 3.
(13) Initiative to address land
ownership/jurisdiction
Currently EPA has no authority to authorize
RCRA Subtitle C programs or approve RCRA
Subtitle D- Municipal Solid Waste Landfill
programs for Tribal governments. Thus,
determinations regarding land ownership and
jurisdiction in Indian Country are not fre-
quently reviewed. However, the issue of land
ownership is important in determining respon-
sible parties for RCRA-regulated facilities on
Indian lands, such as open dumps.
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Action: On a case-by-case basis, coordinate
with the Office of General Counsel, the
American Indian Environmental Office, the
Office of Enforcement and Compliance
Assurance, and EPA regional offices regard-
ing land ownership and jurisdictional issues.
Proposed completion date: ongoing; track
status every six months
(14) Tribes with dollars enter waste
management business, e.g., transfer
station
OSW is supporting Tribal solid waste training
efforts in two areas. In fiscal year 1998, OSW
provided a grant to the Solid Waste Associa-
tion of North America (SWANA) in Silver
Spring, Maryland, to work in conjunction with
Tribal solid waste representatives in develop-
ing municipal solid waste management
technical training courses for Tribal solid
waste managers. OSW has also supported the
development of an introductory solid waste
management training course by Northern
Arizona University's Institute for Tribal
Environmental Professionals (ITEP) in
Flagstaff, Arizona. These training programs
will provide basic knowledge of the waste
management industry and the regulatory
environment for anyone interested in pursuing
waste management as an economic activity.
OSW will continue to provide Tribes with
topic-specific technical information and
training on solid waste management issues.
OSW will continue to consult with Tribes on
their information and training needs.
Action: Complete development of ITEP
training course.
Projected completion date: April 1999
Action: Complete development of SWANA
technical courses. This action is dependent on
future funding levels.
Projected completion date: December 2000
Action: Conduct ITEP's introductory solid
waste management training at 3-4 locations.
This action is dependent on future funding
levels.
\ Projected completion date: December 2000
Action: Conduct SWANA technical courses
at 3-4 locations. This action is dependent
upon future funding levels.
Projected completion date: December 2001
Action: Develop a technical assistance and
training directory containing information on
organizations that offer assistance and training
courses to Tribes on solid waste issues.
Projected completion date: June 1999; also
see actions under Recommendation 10
(15) Send a grant writer to Tribes,
e.g., EPA grant writing seminar/
training at conferences
OSW will coordinate with the Office of
Grants and Debarment on this recommenda-
tion.
Action: Defer to and coordinate with Office
of Grants and Debarment.
Completion date: ongoing; track status
quarterly
(16) Look for specific problems to
target
The recommendation is to look for specific
problems or initiatives to target. Linking safe
water and solid waste, understanding issues
related to Federal agencies' jurisdiction
(especially in Alaska), and identifying priori-
ties in Tribal environmental agreements are
examples of the type of specific problems or
initiatives contemplated by this recommenda-
tion. OSW will coordinate with the Office of
General Counsel, American Indian Environ-
mental Office, and EPA regional offices on
issues between States and Tribes relating to
jurisdiction, particularly in Alaska.
Action: On a case-by-case basis, coordinate
with the Office of General Council, America
Indian Environmental Office, and EPA Region
10.
Projected completion date: ongoing; track
status every six months
Action: As resources allow, OSW will
continue to fund the Alaska Solid Waste
Demonstration Project managed by the Alaska
Native Health Board.
Projected completion date: September
1999
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Action: OSW will coordinate with the
American Indian Environmental Office, and
EPA regional offices to ensure that Tribal
solid waste management priorities are in-
cluded in Tribal/EPA Agreements (TEAs)
discussions.
Projected completion date: September 1999
Action: As TEAs are negotiated by Tribes and
the EPA regional offices, OSW will defer to
and coordinate with the EPA regional offices
and the American Indian Environmental
Office regarding individual TEAs.
Projected completion date: on a case-by-
case basis; track status annually; also see
discussion and actions under Recommenda-
tion 1
(17) Pooling all solid waste funding
from all agencies
See discussion and actions under Recommen-
dation 3.
(18) EPA takes lead role in
coordinating funding for all
programs: air, water, solid waste
This recommendation addresses an issue
related to all of EPA's programs, and EPA's
relationships with other Federal agencies.
OSW will coordinate with the American
Indian Environmental Office on this matter as
it pertains to waste programs.
Action: Coordinate with the American Indian
Environmental Office.
Projected completion date: September
1999; track status every six months
(19) Policy level commitment from
EPA to secure dedicated, adequate,
yearly funds for Tribal solid waste
programs, which includes money for:
enforcement; construction; education;
operations; management; planning;
and implementation
In fiscal years 1999-2000, OSW expects an
increase in Tribal program resources from
1997-1998 levels with a specific emphasis on
financial and technical assistance to Tribal
governments. In future years, actual appro-
priations may vary. Currently, OSW grant
funds are restricted from supporting operation,
management, construction, and implementa-
tion activities. Also see the discussion and
actions in Recommendations 3 and 7.
Action: Review current methods for allocat-
ing and distributing resources, and where
appropriate make necessary adjustments to
support a growing grant program.
Completion date: February 1999
Action: Coordinate with the American Indian
Environmental Office and the Office of
General Counsel to review grant guidance
regarding Tribal implementation activities,
and where appropriate, seek to increase
flexibility for Tribal solid waste program
implementation activities.
Proposed completion date: June 1999
Action: Continue to participate in the
Baseline Assessment Workgroup, managed by
the American Indian Environmental Office.
The goal of the workgroup is to assess envi-
ronmental conditions in Indian Country and
obtain information useful for long-term
planning, budgeting and documentation of
progress.
Proposed completion date: fiscal year 2000
Action: Conduct a workload analysis for
providing increased technical assistance and
direct implementation to Tribal governments,
paying attention to needs of Tribes that have
managed EPA program planning grants for
more than three years, and Tribes that are at
initial stages of environmental program
development. The results of the analysis will
be used to improve program operations
between EPA Headquarters and the regions
and ultimately program delivery to the Tribes
in fiscal years 2000-2002.
Projected completion date: December 1999
Action: Continue to fund current projects
awarded under the Municipal Solid Waste
Grant Program for Indian Country. In fiscal
year 1997, eight projects were awarded in
amounts ranging from $50,000 to $100,000
per year for up to three years. OSW will
continue to seek funds to award additional
projects under this grant program.
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Projected completion date: complete
funding for previously awarded projects in
fiscal year 2000; additional projects depen-
dent upon funding availability for new
projects
(20) Long-term planning - 5 years
This recommendation addresses the need for
OSW to extend its vision for its Tribal Pro-
gram and improve the ability of Tribes to also
initiate long-term planning for their waste
management programs. See discussions and
actions under Recommendations 3, 7, and 19.
(21) Develop funding mechanisms
similar to General Assistance
Program
OSW's financial assistance to Tribes and
Tribal consortia is authorized by Section 8001
of RCRA - Research, Demonstrations,
Training, and Other Activities. This recom-
mendation addresses the need to expand the
grant authorities for Tribes to develop solid
waste management programs.
Action: Review the effectiveness and limita-
tions of the RCRA Section 8001 grant author-
ity, for Tribal solid waste management.
Projected completion date: March 1999
Action: Coordinate with the American Indian
Environmental Office to analyze the applica-
bility of the Indian Environmental General
Assistance Program grant authority for solid
waste program capacity building.
Projected completion date: June 1999
Also see discussion and actions under Recom-
mendation 19.
(22) Eliminate cash match
requirements (in-kind match)
This recommendation addresses an issue
related to all of EPA's programs that award
financial assistance to Tribes. OSW will
coordinate with the American Indian Environ-
mental Office and the Office of Grants and
Debarment on this matter.
Action: Coordinate with the American Indian
Environmental Office and the Office of Grants
and Debarment.
Projected completion date: On-going;
track status every six months
(23) Redirect existing solid waste
planning funds into other solid
waste programs
See discussion and actions under Recommen-
dation 19.
(24) Work to eliminate concept of
"competition" between Tribes
See discussion and actions under
Recomendation 19.
Action: OSW will review its grant programs
and address the issues of competition, funding
equity and administrative burdens.
Projected completion date: March 1999
(25) Encourage broad-based
planning such as needs assessment
and regional cooperation
This recommendation addresses the need to
maintain basic solid waste management
planning grants for Tribes and to support
partnerships among Tribes. Also, see discus-
sion and actions under Recommendations 2
and 10.
(26) Establish base funding for each
Tribe
See discussion and actions under Recommen-
dation 19.
(27) Build and improve information,
training, and education for Tribes on
municipal solid waste management
OSW will continue to provide Tribes with
topic-specific technical information and
training on solid waste management issues.
OSW will continue to consult with Tribes on
their information needs. Since fiscal year
1991, OSW has managed the grants and
assisted the host Tribes in planning the
National Tribal Conference on Environmental
Management. The conference is held every
other year. The Fourth National Tribal
Conference was held in May 1998.
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Also since fiscal year 1997, OSW has orga-
nized Tribal program hazardous waste and
solid waste sessions during the RCRA Na-
tional Meetings and arranged for limited travel
support for Tribal officials to attend the
meetings. While the RCRA National Meeting
highlights primarily the State-EPA programs,
it is a valuable opportunity for Tribal officials
to meet other waste management officials, and
to learn about the many aspects of RCRA.
RCRA National Meetings have been held
every other year since fiscal year 1997.
In addition, OSW will explore how to ensure
more interactive and accessible Internet
capability that allows Tribes to receive and
exchange information. In January 1998, OSW
launched the MSW Management in Indian
Country website .
The website provides easy access to informa-
tion about Tribal MSW issues, and provides
links to the OSW home page, EPA regions,
other EPA offices, other government agencies,
Tribal environmental sites, and relevant
industry sites. Also in 1998, OSW launched
its list server for Landfill Regulatory and
Disposal issues. The purpose of the list server
is to: (1) function as a vehicle to efficiently
disseminate information on disposal issues
and regulatory questions to members of the
regulated community, (2) provide members
with an electronic means to communicate with
EPA and provide feedback to EPA, and (3)
facilitate communication between members,
allowing for a forum for members to share
information and ideas among themselves. The
list server is available to interested State and
Tribal governments and EPA regions.
Action: OSW will continue to lead the effort
to direct the planning and management of the
upcoming fiscal year 2000 National Tribal
Conference and future conferences as appro-
priate.
Projected completion date: December 2000
for the fiscal year 2000 conference; Decem-
ber 2002 for the fiscal year 2002 confer-
ence; action dependent on future funding
levels
Action: OSW will continue to promote the
inclusion of OSW Tribal program sessions in
future RCRA National Meetings; and to direct
the planning of sessions in upcoming meetings
in fiscal years 2000-2002, as appropriate.
Projected completion date: January 1999
for the fiscal year 1999 Meeting; December
2000 for the fiscal year 2000 Meeting; and
ongoing through the fiscal year 2002 confer-
ence; action dependent upon future funding
levels
Action: Continue to update and expand the
MSW Management in Indian Country
website, including posting all EPA municipal
solid waste publications.
Projected completion date: April 1999;
updated every six months; action dependent
upon future funding levels
Action: Continue to support the list server for
Landfill Regulatory and Disposal issues.
Projected completion date: ongoing; action
dependent on future funding levels
Action: Publish up to four Tribal tip sheets
and/or case studies per year highlighting
successful MSW approaches in Indian Country.
Projected completion date: fiscal years
1999-2002
Action: Publish the "Native American Net-
work" newsletter on a quarterly basis each
fiscal year.
Projected completion date: September 1999
and through fiscal year 2002; action depen-
dent upon future funding levels
Action: Publish curriculum guide for Native
American schools (grades 1-12) developed by
Humboldt State University (Arcata, California).
Projected completion date: January 2000;
publication dependent on delivery of
curriculum by Humboldt
Action: Monitor the use of the Site-Specific
Flexibility Requests for MSW Landfills in
Indian Country: Draft Guidance, #EPA530-R-
97-016; and revise it if appropriate.
Projected completion date: April 1999;
updated every six months; action dependent
upon future funding levels
Also see actions under Recommendation 14.
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(28) More quarterly meetings
In fiscal year 1997, OSW provided funding to
the National Tribal Environmental Council to
conduct a series of focus group meeting with
Tribes in order to facilitate interaction be-
tween Tribes and Federal agencies, including
EPA, with trust responsibilities for solid waste
issues in Indian Country. Tribes generally
viewed the availability of frequent meetings
on solid waste issues as useful.
Action: Provide funding to a Tribal organiza-
tion to conduct two to four Tribal solid waste
focus meetings per year.
Proposed completion date: fiscal years
2000-2002; action dependent upon future
funding levels
(29) Technical advisors in each
agency
OSW has funded the Tribal Solid Waste
Circuit Rider program for the past six years.
Tribal Solid Waste Circuit Riders provide
hands on technical assistance and training to
Tribes. The circuit riders are hired under a
grant with the National Senior Citizens
Education and Research Center, Inc., and are
usually solid waste specialists with years of
technical and planning experience. The
positions are based in the EPA Regional
Offices. Also, see discussion and actions
under Recommendation 3.
Action: In fiscal year 1998, OSW increased
funding for the Tribal Solid Waste Circuit
Rider program. In fiscal year 1999, funding
will continue to support the Tribal Circuit
Rider program. OSW will maintain its support
for this program through fiscal year 2002.
Proposed completion date: September 1999
and ongoing; action dependent upon future
funding levels
Action: OSW, in coordination with the
American Indian Environmental Office and
the EPA regional offices, will review the
Tribal Solid Waste Circuit Rider Program
periodically to ensure that technical assistance
and training is appropriate for the changing
needs of Tribal solid waste management
programs.
Proposed completion date: September
1999; and ongoing
(30) Dedicated staffs in agencies for
solid waste
See discussion and actions under Recommen-
dation 3.
(31) Dedicated Tribal staff for solid
waste issues
See discussion and actions under Recommen-
dation 19.
(32) Develop audio visual and
reference materials to circulate to
Tribes
See discussion and actions under Recommen-
dations 14 and 27.
(33) EPA set up scholarships to
train Tribal members
OSW has contributed to the EPA Tribal Lands
Environmental Science Scholarship Program
over the past three years. The scholarship
program is managed by the American Indian
Environmental Office through a grant to the
American Indian Science and Engineering
Society (AISES). OSW will be provided one
intern from AISES in fiscal year 1999.
Action: Contribute to the scholarship pro-
gram in fiscal years 1999-2002.
Projected completion date: May 1999 and
ongoing; action dependent upon future
funding levels
Action: Coordinate with the American Indian
Environmental Office on selection of an
AISES intern for Summer 1999.
Projected completion date: April 1999
Action: In addition to AISES, OSW has
funded interns through the Environmental
Careers Organization (ECO) since fiscal year
1995, and American University's Washington
Internships for Native Students (WINS) in
fiscal year 1998. As a part of the commitment
to diversity in the workforce, OSW will
expand internship and hiring opportunities for
Native American students and professionals.
Projected completion date: September
1999
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Action: Coordinating with the EPA Office of
Civil Rights and EPA regional offices, OSW
will increase recruitment and outreach to
Tribal governments and Indian student and
professional organizations regarding employ-
ment opportunities.
Projected completion date: initial coordina-
tion March 1999 and ongoing
(34) Roving group of advisors
See discussion and actions under Recommen-
dations 3 and 29.
(35) Concentrated workshops
See discussion and actions under Recommen-
dations 14 and 28.
(36) Public events to promote
programs
OSW publishes the Native American Network
newsletter, a national newsletter for Tribes,
containing information about OSWER and
other EPA programs.
Action: Provide more exposure for OSWER
and Tribal waste program events in future
issues of Native American Network.
Projected Completion date: ongoing
(37) Develop intern programs for
college students to bring information
to Tribes and to enroll Tribal
students
OSW has funded an intern position through
ECO since fiscal year 1995. The last intern
program covered the period from November
1997 to July 1998. In June 1998, OSW
participated in the WINS program coordinated
by American University. The WINS program
runs for 10 weeks. Also see discussion and
actions under Recommendation 33.
Action: Hire an intern for a six-month period
through ECO.
Completion date: December 1998 and
ongoing; action dependent upon future
funding levels
Action: Fund an intern through the 1999
WINS program.
Projected completion date: March 1999;
action dependent upon future funding levels
(38) Interns and academic credit for
summer jobs
OSW internship opportunities, in most cases,
can qualify for academic credit. The intern is
responsible for coordinating the approval of
academic credits prior to the beginning of his/
her program. Also see discussion and actions
under Recommendations 33 and 37.
(39) Tribal representatives visiting
municipalities with successful solid
waste programs
See discussion and actions under Recommen-
dation 10.
(40) Rewording regulations in lay
terms
See discussion and actions under Recommen-
dations 14 and 27.
(41) Internet: websites; capabilities
to request and gather information;
workshops and video conferencing;
chatlines and other information
sources; gathering information from
technical advisors
See discussion and actions under Recommen-
dation 27.
(42) Capability to network between
Tribes to build Tribal capacity
See discussion and actions under Recommen-
dation 10.
Hazardous Waste
(I) TASWER
This recommendation addresses the need for
adequate support for the establishment of
TASWER. TASWER was chartered in July
1997, and is a non-profit, membership organi-
zation open to all federally-recognized Indian
Tribes. TASWER recognizes the sovereign
relationship of all Tribal nations with the
Federal Government and is proactive in
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national decision making and regulatory
process, ensuring Tribal participation on an
equal level with States in issues pertaining to
solid waste and emergency response.
TASWER is funded by the Office of Solid
Waste and Emergency Response.
Action: OSW will consult with TASWER on
key issues for Tribal solid and hazardous
waste management in Indian Country.
Projected completion date: consultation
was initiated in August 1998; consultation
will be ongoing
Action: OSW will provide funding support
for TASWER.
Projected completion date: OSW provided
funding for TASWER in fiscal year 1998, and
expects to provide funding in fiscal year 1999
through upcoming fiscal years; action depen-
dent upon future funding levels
(2) Peer exchange
This recommendation expresses the need to
establish a peer exchange program for Tribes
establishing hazardous waste programs. OSW
will continue efforts to facilitate partnerships
with Tribal governments concerned with
hazardous waste issues, and to identify
opportunities for partnerships among Federal
agencies, Tribes, States and local communi-
ties. We will provide support to ongoing
partnerships in the EPA regions, and provide
assistance in establishing new partnerships.
Action: Identify the Tribes currently develop-
ing hazardous waste programs or who are
interested in hazardous waste program devel-
opment.
Projected completion date: March 1999; list
of Tribes will be updated annually
Action: Coordinate with the Tribes, Office of
Emergency and Remedial Response, Federal
Facilities Restoration and Reuse Office and
EPA regional offices to determine the various
hazardous waste program issues that Tribes
are working in and to begin to organize issue
areas. For example, OSW is currently work-
ing on the RCRA aspects of the Military
Munitions Rule and a technical document that
will provide Tribes more information on
mining waste management.
Projected completion date: December 1999
and ongoing; issue areas will be tracked
annually
Action: Award a grant to a Tribal organiza-
tion to host outreach meetings for Tribes on
the Military Munitions Rule.
Completion date: grant award September
1998; first meeting October 1998; addi-
tional meeting to be held by September
1999
Action: Coordinate with the Tribes and the
EPA regional offices to establish additional
forums for Tribal hazardous waste personnel
to exchange information and experiences.
Future meetings will be announced in the
Native American Network newsletter, posted
on the OSW Tribal Program Internet
homepage, and the American Indian Environ-
mental Office Internet homepage.
Projected completion date: July 1999 and
ongoing
Action: Coordinate with the EPA regional
offices and within OSWERto develop appro-
priate guidance for including Peer Match
activities in Tribal hazardous waste grant
work plans.
Projected completion date: September 1999
and ongoing
(3) Broad-based Network
This recommendation expresses the need for
EPA to help Tribes become active in a broad-
based network among entities managing
hazardous wastes. Since fiscal year 1991,
OSW has managed the grants and assisted the
host Tribes in planning the National Tribal
Conference on Environmental Management.
The conference is held every other year, and
provides a great opportunity for Tribal envi-
ronmental managers to meet and share experi-
ences. The Fourth National Tribal Conference
was held in May 1998.
Also, since fiscal year 1997, OSW has orga-
nized Tribal program hazardous waste and
solid waste sessions during the RCRA Na-
tional Meetings and arranged for limited travel
support for Tribal officials to attend the
meetings. While the RCRA National Meeting
highlights primarily the State-EPA programs,
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it is a valuable opportunity for Tribal officials
to meet other waste management officals, and
to learn about the many aspects of RCRA.
RCRA National Meetings have been held
every year since fiscal year 1997.
Action: OSW will continue to lead the effort
to direct the planning and management of the
upcoming FY 2000 National Tribal Confer-
ence and future conferences as appropriate.
Projected completion date: December 2000
for the fiscal year 2000 Conference; Decem-
ber 2002 for the fiscal year 2002 Confer-
ence; action dependent upon future funding
levels.
Action: OSW will continue to promote the
inclusion of OSW Tribal program sessions in
future RCRA National Meetings; and to direct
the planning of sessions in upcoming meetings
in fiscal years 2000-2002 as appropriate.
Projected completion date: January 1999
for the fiscal year 1999 meeting; December
2000 for the fiscal year 2000 meeting; and
ongoing through the fiscal year 2002 confer-
ence; action dependent upon future funding
levels
Action: Coordinate hazardous waste techni-
cal information exchange through the EPA
Regional Tribal conferences and meetings.
Projected completion date: September
1999 and ongoing through fiscal year 2002
Action: Research and publish articles on
Tribal Hazardous Waste program issues in the
Native American Network newsletter. The
newsletter will be published on a quarterly
basis each fiscal year.
Projected completion date: September 1999
and ongoing; action dependent upon future
funding levels
(4) Central clearinghouse
This recommendation expresses the need for
improved access to information regarding
Tribal hazardous waste program issues.
Action: Coordinate with the Tribes, EPA
regional offices, and TASWER to share
pertinent RCRA program information and
address Tribal hazardous waste management
in Indian Country.
Projected Completion date: September
1999
Action: Coordinate with EPA regional offices
and TASWER to establish Tribal hazardous
waste information that will be posted on the
OSW Tribal Program Internet homepage.
Projected completion date: May 1999;
updates to OSW Internet homepage will
occcur periodically
Action: As appropriate, facilitate a relation-
ship between TASWER and the Association
of State and Territorial Solid Waste Manage-
ment Officials (ASTSWMO), the organization
that supports State government waste manage-
ment programs.
Projected completion date: September 1999
and ongoing
(5) Tribal EPA Agreement
This recommendation expresses the need to
include hazardous waste program issues in
Tribal/EPA Agreement documents.
Action: OSW will coordinate with the
American Indian Environmental Office and
regional offices to ensure that Tribal hazard-
ous waste management priorities are included
in TEAs discussions.
Projected completion date: September
1999; track status annually
Action: As TEAs are negotiated by Tribes and
the EPA regional offices, OSW will defer to
and coordinate with the EPA regional offices
and the American Indian Environmental
Office regarding individual TEAs.
Projected completion date: on a case-by-
case basis
CHEMICAL EMERGENCY
PREPAREDNESS AND
PREVENTION OFFICE
(CEPPO) ACTION PLAN
The following is a list of activities that
CEPPO will complete to meet its commit-
ments from the Albuquerque meeting.
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(I) Improve the grant process to
provide better assistance to Tribes
Action: Eliminate Tribal competition with
States for funding
Grant applications from Tribes were considered
apart from State applications this year.
$100,000 was set aside for Tribes. In fiscal year
1998, five Tribes were awarded CEPP grants.
Completion date: fiscal years 1998-1999
Action: Develop a Tribal emergency pre-
paredness grants compendium.
The compendium will list Tribal emergency
preparedness grant products developed since
fiscal year 1990 through CEPP technical
assistance grants and GAP grants. CEPPO is
also considering developing a web site that
will feature a description of grant products and
related information that could be helpful to
other Tribes. Both will be done through the
CEPPO contractor.
Completion date: December/January 1998
Action: Work through the GAP.
CEPPO will shift Tribal grant funds to the
GAP in fiscal year 2000 in order to reduce the
burden involved in obtaining and managing
Tribal grants, and to make CEPP grant fund-
ing available to a greater number of Tribes.
Projected completion date: fiscal year 2000
(2) Consider sovereignty issues as
they pertain to emergency response
mutual aid agreements and
partnerships with State agencies
Action: Identify successful cases and ob-
stacles encountered by Tribes who have opted
to enter into mutual aid and other agreements.
Completion date: Ongoing (and concurrent
with research for the grants compendium)
(3) Clarify options and information
resources available to Tribes for
program implementation and
capacity-building (through Regional
Tribal coordinators and State
contacts)
Action: Work with Tribes to identify optimal
TERC/LEPC structure.
Completion date: ongoing
Action: Work to help Tribes identify existing
local emergency response resources, and to
form agreements with these resources where
possible.
Completion date: ongoing
Action: Help Tribes identify local sources of
information for conducting local hazard
assessments.
Completion date: ongoing
Action: Participate in the Federal Emergency
Response panel at the Fourth National Tribal
Conference on Environmental Management in
Red Wing, Minnesota.
Completion date: May 21,1998
(4) Promote communication/
networking among Tribes and
between Tribal and State response
agencies
This is a recommendation to include Tribes in
State/county emergency notification proce-
dures.
Action: CEPPO will work with the Office of
Emergency and Remedial Response and with
Regional, Tribal and local contacts to identify
ways to bridge Tribal and State/local emer-
gency response procedures.
Completion date: ongoing
Action: Support outreach conducted by Tribes
to improve State/local governments' under-
standing of the Tribal context in emergency
response and notification procedures.
Completion date: ongoing
Action: Promote and facilitate inter-Tribal
information sharing. This will be achieved at
the Regional level with the continued assis-
tance of Regional coordinators, and at the
national level through such efforts as the
proposed grants compendium.
Completion date: ongoing
(5) Coordinate with other EPA
offices, as well as with other agencies
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Action: Work with Office of Emergency and
Remedial Response on chemical emergency
response issues and on reimbursement for
response activities at the Headquarters level.
Completion date: ongoing
Action: Communicate and work with Federal
Emergency Management Agency, Bureau of
Indian Affairs, and other agencies involved in
emergency response issues.
Completion date: ongoing
FEDERAL FACILITIES
RESTORATION AND REUSE
OFFICE (FFRRO) ACTION
PLAN
The following is a list of activities that the
Federal Facilities Restoration and Reuse
Office will complete to meet its commitments
from the Albuquerque meeting:
(I) Enhance Tribal participation in
decision-making
Action: Ensure consultations and involve-
ment with Tribes impacted by Federal facili-
ties restoration and reuse issues.
Projected completion date: ongoing
Action: Issue EPA guidance on the Transfer
of Federal Property by Deed
Completion date: fiscal year 1998
Action: Use of risk-based methodologies in
setting priorities for cleanup actions at Federal
facilities (Draft Guidance)
Completion date: July 1998
Action: Revise NPL listing/deletion policy
Projected completion date: fiscal year 1999
Action: Enhance Department of Defense
(DoD) efforts to identify the universe of
Native American lands affected by DoD
activities before property transfer.
Projected completion date: ongoing
Action: Distribute map identifying Federal
facility NPL and BRAC sites in proximity to
federally-recognized Tribal areas to provide
an initial snapshot of Federal facilities impact-
ing Indian Country.
Completion date: fiscal year 1998
Action: Partner with DoD on development of
the Native American Tracking System to
improve the collection of Federal facility
environmental cleanup data needed to conduct
site characterization, prioritization, and
resource allocation.
Projected completion date: fiscal year 1999
(2) Enhance Tribal capacity in the
Federal facility restoration and reuse
process
Action: Promote the Federal Facilities
Environmental Restoration Dialogue Commit-
tee (FFERDC) recommendation for improv-
ing the dissemination of Federal facilities
clean up information; community involvement
and consultation on Federal facilities cleanup
funding decisions and setting priorities in the
event of funding shortfalls.
Projected completion date: ongoing
Action: Develop a FFERDC Fact Sheet/
Progress Report.
Projected completion date: fiscal year 1999
Action: Identify opportunities for FFERDC
training to Tribal audiences.
Projected Completion date: fiscal year 1999
Action: Develop partnership with Civilian
Federal Agencies.
Projected completion date: fiscal year 1999
Action: Participate in the Federal facility and
Superfund panels at the Fourth National Tribal
Conference on Environmental Management in
Red Wing, Minnesota.
Completion date: May 21,1998
Action: Provide financial assistance to a
Native American organization on Federal
facilities and BRAC projects.
Projected completion date: fiscal year 1999
Action: Provide support for International
Institute for Indigenous Resource Manage-
ment to establish and operate a research
program to identify and assess the legal,
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cultural, social, economic and other barriers
to, and opportunities for enhancing Tribal
participation in Federal facilities environmen-
tal restoration programs.
Projected completion date: fiscal year 2000
Action: Provide assistance to NTEC's
Federal facilities workgroup.
Projected completion date: ongoing
Action: Provide financial assistance to
TASWER on Federal facilities issues.
Projected completion date: fiscal year 1999
Action: Seek additional funding mechanisms
for building Tribal capacity projects.
Projected completion date: fiscal year 1999
(3) Promote interagency
collaboration on Tribal policy and
resource issues
Action: Serve as an advocate for Tribes on
interagency workgroups discussing Tribal
policy, resource issues, and historic/ cultural
areas at Federal facilities.
Projected completion date: ongoing
Action: FFRRO participates on the: DoD
Defense Environmental Restoration Task
Force (DERTF), BRAC Environmental Work
Group (BEWG), DoE Environmental Manage-
ment Advisory Board (EMAB), DoE State
Tribal Government Working Group
(STGWG), DoD RAB/TAPP Workgroup and
DoE SSAB Workgroup.
Projected completion date: ongoing
Action: Continue efforts to facilitate partner-
ships with Tribal governments, and to identify
opportunities for partnerships among Federal
agencies, Tribes, and local communities.
* DoD's Principles for Working with
Native American Indians and Alaska
Natives
* DoE's American Indian Policy
* EPA Indian Policy
Projected completion date: ongoing
(4) Enhance communication and outreach
Action: Increase awareness of EPA, DoD,
and DoE citizens advisory boards to Tribal
communities.
Projected completion date: ongoing
Action: Develop outreach materials specifi-
cally for Tribal communities to enhance
communication and participation in the
Federal facility restoration and reuse process.
Projected completion date: fiscal year 1999
Action: Increase information exchange by
mail and electronically to Tribal Chairpersons.
Projected completion date: ongoing
Action: Develop mechanism to ensure
follow-up with Tribal communities.
Projected completion date: fiscal year 1999
Action: Provide links on FFRRO Web site to
access additional websites of interest to
Tribes.
Completion date: fiscal year 1998
(5) Intra-agency coordination
Action: Work with EPA American Indian
Environmental Office, program offices and
regions.
* FFRRO participates on EPA National
Indian Work Group
Projected completion date: ongoing
Action: Assist with Tribal cultural awareness
training for OSWER.
Projected completion date: April 1999
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GLOSSARY OF TERMS
AIEO— American Indian Environmental Office
AISES— American Indian Science and Engineering Society
ASTSWMO— Association of State and Territorial Solid Waste Management Officials
BEWG— BRAC Environmental Work Group
DERTF— Department of Defense Environmental Restoration Task Force
DoD RAB/TAPP— Department of Defense Restoration Advisory Board/Technical Assistance for
Public Participation
DoE SSAB WORKGROUP— DoE Site Specific Advisory Board Workgroup
EMAB— DoE/Environmental Management Advisory Board
ECO— Environmental Careers Organization
FFRRO— Federal Facilities Restoration and Reuse Office
MSW— Municipal Solid Waste
OCR— Office of Civil Rights
OERR— Office of Emergency and Remedial Response
OSW— Office of Solid Waste
OSWER— Office of Solid Waste and Emergency Response
OUST— Office of Underground Storage Tanks
STGWG— DoE/State Tribal Government Working Group
TASWER— Tribal Association on Solid Waste and Emergency Response
TEAs— Tribal Environmental Agreements
WINS— Washington Internships for Native Students
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APPENDIX A
OFFICES WITH RESPONSIBILITIES FOR TRIBAL ISSUES
OFFICE OF SOLID WASTE— (OSW) The Office of Solid Waste is responsible for EPA's
national waste management program, implemented through the promulgation of regulations,
policies, and guidance that apply to facilities and persons generating, transporting, treating and
disposing of hazardous and non-hazardous solid waste, and pollution prevention and environmen-
tally sound recycling.
OFFICE OF UNDERGROUND STORAGE TANKS— (OUST) The Office of Underground
Storage Tanks defines, plans, develops, and implements the legislative requirements established
under RCRA Subtitle I, mandating that the EPA regulate leaking underground storage tanks that
contain petroleum and hazardous substances. The Office develops and promulgates rules such as
notification requirements for underground storage tanks, technical and corrective action require-
ments for existing tank systems, new tank standards, and State program approval requirements.
OUTREACH AND SPECIAL PROJECTS STAFF— (OSPS) The Outreach and Special
Projects Staff is responsible for providing leadership and direction for the overall OSWER Tribal
program, as well as providing staff support to the Assistant and Deputy Assistant Administrators
on all issues relating to Tribal governments, including management of the Brownfields redevel-
opment initiative.
OFFICE OF EMERGENCY AND REMEDIAL RESPONSE— (OERR) This office is
responsible for administering EPA's national environmental emergency response program for oil
and hazardous materials spills, and mitigating hazardous waste sites, including management of
the National Priorities List (NPL) listing process.
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION OFFICE— (CEPPO)
The Chemical Emergency Preparedness and Prevention Office develops, manages and imple-
ments the Agency-wide chemical emergency preparedness and prevention programs, as well as
preparing community right-to-know regulations, guidance materials, technical assistance, train-
ing and managing the National Incident Coordination Team for nationally significant emergen-
cies.
FEDERAL FACILITIES RESTORATION AND REUSE OFFICE— (FFRRO) This office
oversees the environmental restoration of federally owned and managed properties on the
Superfund NPL and works with the Department of Defense and the military services on the
restoration and reuse of closing bases.
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