United States
Environmental Protection
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Office of
Solid Waste and
Emergency Response
x>EPA
DIRECTIVE NUMBER:
TITLE:
DATE:
ORIGINATING OFFICE:
9610.7
UST Program Indian Lands Strategy for
FY88 & FY89 and Guidance for Regional
Pilot Projects
March 14, 1988
OSWER
OSWER OSWER OSWER
DIRECTIVE DIRECTIVE DIRECTIVE
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Table of Contents
Transmittal Memo 1
I. Abstract 2
II. Problem Statement 2
III. Strategy 2
A. Scope 2
B. Objectives 2
IV. Implementation Plan: Pilot Projects Guidance 3
A. Purpose 3
B. Structure 3
C. Priority Activities 3
V. LUST Trust Fund 5
VI. Schedule 5
OSWER Directive 9610.7
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MAR 14, 1988
OFFICE OF
SOLID WASTE AND EMERGENCY
RESPONSE
MEMORANDUM
SUBJECT: OSWER Directive 9610.7: Final UST Program Indian Lands
Strategy
FROM: Ron Brand, Director
Office of Underground Storage Tanks
TO: UST Regional Program Managers, Regions 5-6, 8-10
Attached please find the final "UST Program Indian Lands Strategy
for FY 88 and FY 89 and Guidance for Regional Pilot Projects." This
document defines UST Program activities on Indian Lands for the
remainder of this fiscal year and for the next fiscal year. This
strategy has evolved from two earlier draft strategies: the first was
distributed by Ellie McCann, dated June 1987; and the second was
distributed by Melanie Field, dated October 1987.
The focus of this strategy is on assessing the extent of
UST-related human health and environmental problems on Indian Lands
by conducting regional pilot projects in Regions 8 and 9. My decision
to employ two pilots is based on resource constraints. These
constraints involve not only resources to fund the pilots themselves,
but also resources adequate to address the environmental problems
that are likely to be uncovered as a result of the pilots. OUST is
committed to seeing that releases from UST systems on Indian Lands
will be addressed properly and with adequate resources.
This strategy will be revisited after the completion of the pilot
projects in late-FY 89. At that time, a longer term UST Program
Indian Lands strategy will be developed.
The next step is for Regions 8 and 9 to submit short (2-3 pages)
revised pilot proposals, based on the information presented in this
strategy. Revised proposals are due by April 25, 1988. The regional
staff assigned to plan and manage these pilots should work closely
with Josh Baylson of my staff (FTS 475-9725) .
I am looking forward to seeing the results and lessons learned
from these two pilot projects on Indian Lands.
Attachment
cc: Martin Topper, OFA
Carrie Wehling, OGC
Joe Retzer, OUST
Ellie McCann, OUST
Helga Butler, OUST
Charles Mooar, OUST
Claudia Goforth, OUST
Dana Tulis, OUST
Mark Waiwada, OUST
Josh Baylson, OUST
OSWER Directive 9610.7
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I. Abstract
This document identifies problems associated with implementing federal regulatory and clean-up
requirements for UST systems on Indian Lands. A two-year strategy and implementation plan, utilizing
two regional pilots, are defined. A schedule for the plan is then presented.
II. Problem Statement
Indian Tribes are sovereign governments subject to federal laws, but not necessarily state laws. Most
states lack jurisdiction on Indian Lands and, therefore, do not provide environmental protection services
on Indian Lands within their borders. Some tribes have chosen to enter into agreements with state
governments to accept state regulatory authority and services for environmental protection. Most tribes,
however, prefer to work directly with the federal government on most issues and do not recognize state
authority on their lands.
A major goal of EPA's UST program is for states to effectively regulate UST systems and to ensure that
releases from UST systems are cleaned up. However, since most state programs do not have jurisdiction
on Indian Lands, a strategy for cleaning up releases and for regulating UST systems on Indian Lands is
needed.
Based on current notification data, there are an estimated 3,000-4,000 UST systems on Indian Lands
nationwide — about 0.2% of the regulated universe. This information, however, is limited and
incomplete. The lack of complete and accurate information is a stumbling block to developing an
effective, long-term strategy for addressing UST systems on Indian Lands. In addition, because there is a
great deal of variation among tribes in terms of their relations with federal and state governments, and
their interests and capabilities to operate environmental programs, a range of program options and
responses need to be considered in the development of a long-term strategy for UST Program
implementation on Indian Lands.
III. Strategy
A. Scope
This strategy covers the remainder of FY 88 and FY 89. Based on the information gathered as a result of
the regional pilot projects described below, and other relevant considerations, a longer term UST program
Indian Lands strategy also will be developed.
B. Objectives
The objectives of this two-year strategy are to:
• maximize involvement of Indian Tribes in all activities;
• provide compliance assistance, education, and outreach to owners/operators;
• assess the extent of the problem: data collection on number, location, and types of UST systems;
OSWER Directive 9610.7 2
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• identify opportunities for Indian run regulatory and clean-up programs: willingness, authorities,
and funding;
• identify potential problems: leaking and abandoned tanks;
• clean up sites: oversight of responsible party financed cleanups and, if necessary, selected tribal-
and/or federal-lead cleanups using the LUST Trust Fund; and
• promote the involvement of other agencies/organizations to leverage their resources on site.
IV. Implementation Plan: Pilot Projects Guidance
A. Purpose
The regional pilot projects are designed to determine the extent of UST-related human health and
environmental problems on Indian Lands throughout each region, and to provide EPA's national program
office with information on the level of work/resources necessary to address these problems nation-wide.
B. Structure
There will be two regional pilot projects, each utilizing one Circuit Rider to carry out the activities
identified in Section C, below. Regions 8 and 9 have been chosen for the pilot projects based on the
following information:
• Region 9: has 23% of the Indian population and 123 reservations, a larger Indian population and
greater number of reservations than any other region.
• Region 8: has 14% of the Indian population, 24 reservations, is the EPA lead region on Indian
Lands, and has identified environmental problems related to USTs (including an endangered
major aquifer, the Ogallala).
The two pilot projects will be funded by grants, which will be overseen by Regions 8 and 9. Regions 8
and 9 will be responsible to identify and develop specific allocation mechanisms (for example grants to
IHS, BIA, or Indian organizations). The grants will be for up to $50K per pilot for the 12 month period
July 1988 to June 1989.
Regions 8 and 9 will need to submit brief (2-3 pages) revised pilot proposals that identify the specific
allocation mechanism to be used, the proposed budget, and a plan outlining how the Circuit Rider will
carry out the activities listed below.
As part of the pilot projects, Regions 8 and 9 will submit to OUST/Headquarters brief quarterly progress
reports and a final report/evaluation.
The pilots will be monitored by a newly formed Pilot Projects Review Committee. The committee will be
chaired by Josh Baylson (OUST) and composed of representatives of Regions 5, 6, 8, 9, 10, OGC, and
OFA. The committee will review, quarterly, the progress and direction of the pilot projects.
C. Priority Activities
The table on page 5 portrays the priority activities for the pilot projects (including the Circuit Riders) for
FY 88 and FY 89. Note that these activities are presented in priority order. If an activity has already been
conducted, for example by regional staff, there is no need for it to be carried out again. Should all of the
OSWER Directive 9610.7
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activities listed be completed before the end of the pilot projects, Regions 8 and 9 may determine what
other activities will be performed during FY 89.
OSWER Directive 9610.7
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Priority Activities for Indian Lands — FY 88 & FY 89
Activities (in priority order)
,
*
,
*
1.
2.
o
J.
4.
5.
6.
7.
8.
9.
Provide compliance assistance, information outreach, and build
communication network
Locate USTs and characterize regulated universe on all Indian Lands in
the Region *
Identify opportunities for Indian run programs (including Indian tribes,
organizations, and associations)
Identify leaking & abandoned tanks needing corrective action
Pursue PJ3 cleanups (including oversight)
Monitor new tank installations
Monitor tank closures
Clean up selected sites using the LUST Trust Fund in accordance with
guidance on Trust Fund corrective actions on Indian Lands
Investigate potential violations of federal UST regulations
•Actor/s • • •
Regional
Staff
yes
yes
**
yes
**
Circuit
Riders
yes
yes
yes
yes
yes
yes
yes
yes
yes
Indian
Tribes
yes
yes
yes
yes
yes
yes
yes
* Including: number of tanks, types of tanks, contents of tanks, ages and conditions of tanks, number of
tank owners, number of abandoned tanks, identify responsible parties, number of tanks per owner, and
number of tanks per facility (i.e., "notification" data plus data on abandoned tanks). Regions may back up
the efforts of tribes and circuit riders as necessary, resources permitting.
** Regions may back up the efforts of tribes and circuit riders as necessary, resources permitting.
V. LUST Trust Fund
OUST will develop specific guidance on federal-lead corrective action on Indian Lands and on tribal
access to the Trust Fund. This guidance will be issued in June 1988, before the pilot projects begin in
July.
VI. Schedule
4/25/88
5/9/88
7/11/88
7/15/88
7/15/88
Regions 8 & 9 submit revised pilot proposals
OUST approves pilots and funding
Grants awarded
Issue guidance on federal-lead corrective action and tribal access to the Trust Fund
Pilot projects begin
OSWER Directive 9610.7
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10/15/88 First quarterly report due from regions
1/15/89 Second quarterly report due from regions
4/15/89 Third quarterly report due from regions
4/15/89 Begin development of strategy for FY 90 —>
7/15/89 Pilot projects completed
8/15/89 Final report/evaluation due from regions
10/1/89 Issue final strategy for FY 90 —>
OSWER Directive 9610.7
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