OSWER
TRIBAL PROGRAM REPORT
ACCOMPLISHMENTS AND ACTIVITIES 2014
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Monument Valley Navajo Tribal Park, Utah
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CONTENTS
INTRODUCTION
PROGRAM-BY-PROGRAM TRIBAL ACCOMPLISHMENTS
OFFICE OF EMERGENCY MANAGEMENT (OEM).
OFFICE OF UNDERGROUND STORAGE TANKS [OUST].
CONCLUSION
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INTRODUCTION
The U.S. Environmental Protection Agency's (EPA) Office of Solid Waste and Emergency Response (OSWER) is committed
to protecting human health and the environment while supporting tribes' self-government, acting consistent with the
federal trust responsibility, and strengthening the government-to-government relationships between tribes and EPA.
This report is a compilation of OSWER's program-specific tribal activities and accomplishments that details efforts
conducted during fiscal year 2014 (FY2014). The report provides information and successes related to special OSWER
initiatives. This annual report may be used as a tool to foster communication between EPA and tribal governments, and
to provide outreach and technical assistance to tribal governments.
FUNDING OF THE TRIBAL PROGRAM IN OSWER
OSWER provides on average, about $18 to $22 million dollars annually to support tribal program development and
site cleanup work in Indian country. OSWER funds cooperative agreements with tribes in the Hazardous Waste, Solid
Waste, Superfund, Underground Storage Tank, and Brownfields programs. In FY2014, the total amount of funding
allocated to tribal programs was $20,895,371.
Hazardous Waste
$411,900
Underground
Storage Tanks
$4,500,000
Total Tribal Funding in 2014:
$20,895,371
2014—A YEAR IN SUMMARY
In FY2014, OSWER continued to successfully address its major initiatives. OSWER funding supported over 140 cooperative
agreements with tribes to build program capacity in OSWER programs, and a strong array of tribal-specific training
on solid and hazardous waste, emergency preparedness, tribal response programs, and underground storage tank
(UST) prevention and cleanup. This past year, OSWER continued its partnership with the Institute for Tribal Environmental
Professionals (ITEP) to promote information exchange and stronger partnerships with tribes and EPA. These efforts have
increased tribal participation in key EPA programs and initiatives, which has contributed significantly to a greater
understanding of environmental conditions nationwide.
Introduction
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PROGRAM-BY-PROGRAM TRIBAL
ACCOMPLISHMENTS
OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE (OSWER)
OSWER COOPERATIVE AGREEMENT WITH THE INSTITUTE FOR TRIBAL ENVIRONMENTAL PROFESSIONALS (ITEP)
OSWER awarded a five-year cooperative agreement to ITEP at Northern Arizona University to support Native American
tribes and Alaska Native Villages through training, technical assistance, and research and studies in the areas of
solid waste and hazardous waste, resource conservation, brownfields, Superfund, underground storage tanks, and
emergency response. The cooperative agreement with ITEP supports all six OSWER program offices and their related
missions and authorities.
Through its cooperative agreement, ITEP:
• Supports a national steering committee of tribal professionals;
• Designs and delivers specialized solid waste and emergency response training courses;
• Conducts specialized research projects in partnership with faculty and researchers at Northern Arizona University
and tribal and federal partners; and
• Convenes the Tribal Lands and Environmental Forum.
ITEP National Tribal Steering Committee
The ITEP National Tribal Steering Committee ensures that tribal needs and priorities are addressed. Steering
committee members meet four times a year to discuss program activities and are responsible for promoting
information exchange among tribes and EPA, assisting tribes with training, compliance and technical assistance,
and analyzing policy to find improved approaches and solutions to issues within the scope of OSWER programs.
The current members of this steering committee are:
• Victoria Flowers (Oneida Tribe of Indians of Wisconsin)
• Alexander James (Yakutat Tlingit Tribe)
• Tim Kent (Quapaw Tribe of Oklahoma)
• Katie Kruse (Keweenaw Bay Indian Community)
• Victoria Kotongan (Native Village of Unalakleet)
Virginia LeClere (Prairie Band of Potawatomi)
Rob Roy (La Jolla Band of Luiseno Indians)
Elliot Talgo (San Carlos Apache Tribe)
John Wheaton (Nez Perce Tribe)
For more information about the ITEP National Steering Committee, please visit the website at
http://www4.nau.edu/itep/waste/ntsc.asp.
OSWER CROSS-PROGRAM COORDINATION
OSWER recognizes that there are opportunities to leverage and integrate tribal activities across related OSWER programs
to increase effectiveness and efficiencies in the program. In 2014, several OSWER programs continued actively
coordinating on tribal response activities. The Office of Superfund Remediation and Technology Innovation, Office of
Brownfields and Land Revitalization, Office of Emergency Management and Office of Underground Storage Tanks, are
working together to more effectively coordinate programmatic capacity on oversight and enforcement of response
actions to protect human health and the environment, mechanisms for meaningful public participation, and guidance
for assessing and cleaning up petroleum contamination on tribal lands.
Program by Program Tribal Accomplishments
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CLIMATE CHANGE
OSWER recognizes that climate change will pose unique challenges to tribes and other indigenous populations, which
are particularly vulnerable to the impacts of climate change due to the integral nature of the environment within their
traditional lifestyles and culture. While tribes and indigenous populations will likely be disproportionately vulnerable
to climate change, they are also uniquely positioned to provide valuable community level, culturally relevant data,
information on climate change impacts, and relevant solutions. OSWER will work together with our tribal partners to tackle
the many challenges of climate change. These changes include:
• Rising temperatures, increased drought and wildfires
• Sea level rise
• Changing precipitation patterns
• Reduced permafrost
• Increased intensity of hurricanes
Without proper protections and effective restoration, the
presence of uncontrolled hazardous substances in surface
water, ground water, air, soil and sediment can cause human
health concerns, threaten healthy ecosystems, and inhibit
economic opportunities on and adjacent to contaminated
properties. Waste on the land can also migrate to ground water
and surface water, contaminating drinking water supplies.
There are multiple benefits associated with cleaning up
contaminated sites:
• Reducing mortality and morbidity risk
• Preventing and reducing human exposure
to contaminants
• Reducing impacts to ecosystems
• Making land available for commercial, residential,
industrial or recreational reuse
• Promoting community economic development
OSWER developed a Climate Change Adaptation Implementation Plan. During development of the Plan, OSWER
reached out to tribes through informational webinars and calls to collect their feedback. OSWER also incorporated into
the Plan concerns raised by tribes about climate change adaptation issues during previous Agency-wide consultations.
The Climate Change Adaptation Implementation Plan describes OSWER's process for identifying climate change
impacts to its programs and the plan for integrating consideration of climate change impacts into the office's work.
OSWER will monitor the status of climate science, particularly as it relates to known or anticipated impacts on OSWER's
program areas, as well as the effectiveness of its program activities under changing conditions, and update or adjust
its direction as necessary. As its knowledge evolves, OSWER will continue to refine its approach to climate change
adaptation and build on the current plan.
Office of Solid Waste and Emergency Response (OSWER)
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OFFICE OF EMERGENCY MANAGEMENT (OEM)
EPA's mission in emergency management is to work through our regional
offices and federal, tribal, state and local partners to prevent, prepare for
and respond to releases of oil and hazardous substances. The Office of
Emergency Management (OEM) is responsible for helping to prevent and
respond to radiological and biological incidents. OEM staff comprises
about 250 emergency responders who are ready to deploy to anywhere
in the country. OEM's Emergency Operations Center (EOC) is EPA's nerve
center for major incidents. OEM works with approximately 650,000 chemical
and oil facilities to prevent dangerous releases or spills by inspecting
regulated above ground oil storage facilities and by reviewing Risk
Management Plans of facilities that store certain quantities of chemicals.
FY20 14 Totals
Number of Spill Prevention Control
and Countermeasures (SPCC)
regulated facilities inspected in
Indian country
Number of spills and releases of
hazardous substances occurring in
Indian country, where EPA is the lead
EPA-lead Removal Actions
RMP Inspections
67
5
11
2
Inspects facilities across the country to help safeguard against accidental releases.
Assists state, tribal and local planners develop emergency response plans.
Deploys experienced personnel and advanced technologies such as the Airborne Spectral Photometric
Environmental Collection Technology (ASPECT) aircraft, which is available 24/7/365 to respond to releases of oil
and chemicals anywhere in the United States.
Provides real time toxic chemical analysis with the Portable High Throughput Integrated Laboratory Identification
Systems (PHILIS), empowering states, tribes, and local governments with the "Right-to-Know" information on
chemicals in their communities.
FY2014 ACCOMPLISHMENTS
OEM Training
• Indian Country Environmental Hazard Assessment
Program (ICEHAP). OEM provided funding for an eighth
year to the United Tribes Technical College (UTTC) in
North Dakota to sponsor this online semester-long
course. This course teaches participants to recognize
environmental conditions that may cause harm to
tribal community health; develop work plans that
they can use to address hazards often identified
by surveying in writing grant proposals; survey their
communities for environmental issues of concern;
and gather available and potential resources for
environmental problem resolution.
• Spill Prevention Control and Countermeasures 40-hour
Inspector Course tribal participation. OEM provided
opportunities for tribal environmental professionals to
learn more about this program so that they may assist
EPA in identifying facilities and report issues to regional
EPA offices.
Regional Training and Exercises
Region 8
• Provided two HAZMAT 40-hour classes for
approximately 70 tribal staff.
• Organized a drill with local, state and tribal agencies,
federal agencies, and other partners and participated
in the Mandan, Hidatsa & Arikara Nation Emergency
Response / Recovery Exercise for the Water Sector. The
tabletop exercise was held in New Town, North Dakota
in October, 2014.
Region 10
• Assisted in providing 24 Hour Tribal Oil and HAZMAT
Response Awareness Training, in Ferndale, Washington.
• The Lummi Tribe, EPA, U.S. Coast Guard (USCG), and
the Washington Department of Ecology provided
awareness level training to 47 Tribal members and
staff representing 14 Tribes. Held an Oil Spill Response
Training Session in Fairbanks, Alaska for approximately
1 7 tribal representatives.
Program by Program Tribal Accomplishments
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Aerial view of the Oklahoma Refining Company site.
PROGRAM HIGHLIGHTS
Oklahoma Refining Company Cyril, OK (EPA Region 6)
This closed refinery operated from 1920 to 1984 producing a variety
of petroleum products including gasoline, naphtha, asphalt and
solvents. In 1978, the Oklahoma Refining Company (ORC) purchased
the facility and continued to produce petroleum products. The ORC
site was placed on the National Priorities List in 1990. The EPA identified
ground water metals and organic contamination in the upper Rush
Springs Sandstone aquifer. In 2001, EPA authorized the construction
of two landfills on-site and the treatment of contaminated sediment
and surface soil. The refinery is located near the downtown area of
Cyril, Oklahoma, with tribal residences abutting the site. There was
asbestos insulation hanging off the tanks, piping, and towers, piled up
on the ground, and "stored" in buildings. There was an unsecured laboratory with miscellaneous chemicals and improperly
stored drums onsite. Additionally, the site was not restricted and there was evidence of children climbing on top of towers.
In 2003, the EPA removal program addressed these imminent and substantial threats to public health and the environment
and clean up continued for several years. The EPA sought additional funding for the site from the USCG allowing for the
evaluation of oily wastes, storage tanks, shallow groundwater and a nearby creek. After local and state reports of children
getting access to a site drainage pond, a removal action was conducted to install fencing in 2014.
Inchelium Wood Treatment Plant Inchelium, WA (EPA Region 10)
In 2014, EPA performed a removal evaluation and action at
this site, which consisted of a former wood treatment plant that
used chromated copper arsenate (CCA) and operated from
1985 until 2005. Previous investigations found widespread metals
contamination, including chromium, copper, arsenic and lead in soil
and concrete. The Confederated Tribes of the Colville Reservation
(CTCR), the current site owner, worked with the EPA to identify facility
closure criteria. The Colville Business Council agreed to allocate
$3,000,000 to the CTCR's Environmental Trust Department to fund
a cleanup. In August 2014, the Council entered into a cleanup
The former Inchelium Wood Treatment Facility.
agreement that provided money from CTEC to enable the EPA to conduct the removal action. EPA and the tribe wanted
to reduce human exposure to contaminated materials and clean up the site for industrial development use. In fall of
2014, the EPA removed over 1,000 tons of concrete, 17,000 tons of contaminated soil, 9,000 gallons of contaminated
wastewater and disposed of 11 aboveground storage tanks.
ADDRESSING CHALLENGES AND MOVING FORWARD
Under the Executive Order for Chemical Safety and Security OEM has been working with state, local and tribal
organizations to improve preparedness for chemical incidents. These facilities are often located in communities where
funding is scarce and organizational structure of local emergency management organizations is often lacking.
To address the challenge, OEM will focus on leveraging resources by working with State Emergency Response
Commissions (SERCs) and Tribal Emergency Response Commissions (TERCs) to develop on-line training on key
requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA).
OEM will also develop guidance and training for Local Emergency Planning Committees (LEPCs) and Tribal Environmental
Planning Committees (TEPCs) to reinforce their authorities, roles and responsibilities and identify barriers to meet their
requirements for development and implementation of local emergency response plans.
OEM will continue to work with all concerned tribes to address the issue of railroad shipments of crude oil through Indian
Country. OEM is working with fellow federal agencies, including the Department of Transportation, to address tribal
planning and outreach needs in the case of a rail related emergency.
Office of Emergency Management (OEM)
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OFFICE OF SUPERFUND REMEDIATION AND TECHNOLOGY INNOVATION (OSRTI)
EPA works closely with states, tribes, and other federal
agencies to implement the Superfund Remedial Program to
clean up the nation's uncontrolled hazardous waste sites.
• A number of tribes are involved at Superfund sites that
represent significant human health and environmental
risks impacting tribal communities.
• The Navajo Nation and Cherokee Nation Superfund
programs, supported by EPA, conducted site
assessments at sites on their lands for EPA.
• Superfund is expanding the membership and
responsibilities of the Tribal Superfund Working Group,
composed of EPA HQ and regional personnel and tribal
environmental staff. There are now over 100
tribal members.
FY2014 ACCOMPLISHMENTS
New FY2014 Superfund
Cooperative Agreements
FY12
FY13
FY14
Cooperative Agreements
Tribes Supported by Cooperative Agreements
New Superfund Tribal Cooperative Agreements (CAs) in FY 2014:
The majority of CA funding went to support agency CAs (83 percent). The remainder went to core (8 percent),
remedial action (9 percent) and preliminary assessment/site inspection (PA/SI) (less than 1 percent). Other ongoing
tribal CAs continued and did not require additional funds in FY2014.
$2,968,624 was awarded for 45 CAs to 10 tribes.
• $950,610 was from the general Superfund account and the remainder, more than 65 percent, was from
special accounts provided by potentially responsible parties.
• Funding ranged from $589,475 to the CTCR to less than $1,000 for PA/SI CAs awarded to the Cherokee Nation.
• The largest share of funding, approximately $749,596 went to four CAs awarded to the St. Regis Mohawk Tribe.
• A total of $745,883 went to the Navajo Nation to address the uranium mining legacy on the reservation.
Tribes receiving new CA funding in FY2014:
• St. Regis Mohawk Tribe •
• Navajo Nation •
• CTCR
• Quapaw Tribe of Oklahoma •
Spokane Tribe
Shoshone Paiute Tribes
Shoshone-Bannock Tribes
Elem Indian Colony
Cherokee Nation
Suquamish Indian Tribe of the
Port Madison Reservation
Program by Program Tribal Accomplishments
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Navajo residential house after cleanup action.
PROGRAM HIGHLIGHTS
The tribal Superfund program predominantly addresses site specific cleanups, and in FY2014, there were two major
ongoing tribal cleanup successes.
Uranium Contamination Cleanup on Navajo Nation (EPA Region 9)
The Navajo Nation includes 27,000 square miles of uranium-rich
land in the Four Corners area. Between 1944 and 1986, nearly
four million tons of uranium ore was mined, leaving a legacy of
uranium contamination including over 500 abandoned uranium
mines, as well as homes and drinking water sources with elevated
levels of radiation. During the first Five-Year Plan (2008-2012),
the Navajo Nation, EPA and five other federal agencies worked
together to assess more than 520 mines, 800 homes and 240
drinking water wells, and to provide more than $100 million for
cleanup. The second Five-Year Plan (2014-2018) includes strategies
for enhanced coordinated outreach and education and a workforce
development and training program for the employment of Navajo
workers in connection with the investigation and cleanup of the contamination. In 2014, the United States entered into
a historic legal settlement that will provide approximately $984,500,500 to investigate and clean up approximately
50 uranium mines on or near the Navajo Nation that were operated by Kerr-McGee Corporation. EPA is committed to
working with the Navajo Nation to address the most immediate contamination risks and find long-term solutions to the
remaining risks on Navajo lands.
Lower Duwamish Waterway (EPA Region 10)
The Lower Duwamish Waterway (LOW) Superfund Site is a
5-mile stretch of the Duwamish River that flows into Elliott Bay
in Seattle, Washington. PCBs, dioxins/furans, polycylic aromatic
hydrocarbons and arsenic pollute the river sediments, resulting
in high contamination levels in resident fish and shellfish. This
environmental justice site has tribal concerns, though it is not
on tribal land. A Duwamish tribal member leads EPAs Technical
Advisory Group. Community members use the Lower Duwamish
for subsistence fishing, recreation and as a cultural resource.
EPA is currently conducting a Fishers Study to determine the
effectiveness of institutional controls at the site. Although a fish
advisory is in effect, EPA, Washington State and local authorities
are working with the community to more effectively address fish
consumption concerns. Lessons learned from the study include the
necessity to involve the community early and often; addressing subsistence fishing requires social science in addition
to engineering; relationships and trust are very important; there is not a "one size fits all" solution for every fishing site
or community; and these issues are complex and cannot be solved overnight. Another important lesson is that "well-
being" includes things such as stress reduction and recreation, and is broader than "health" aspects considerations
including cancer and noncancer risks.
ADDRESSING CHALLENGES AND MOVING FORWARD
OSRTI is working to increase tribal involvement in cleanups at sites impacting tribal lands.
OSRTI is also addressing the challenge of considering tribal concerns, such as traditional ecological knowledge (TEK),
in the remedy selection process.
Fisherman involved with the Fisher Study.
Office of Superfund Remediation and Technology Innovation (OSRTI)
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OFFICE OF RESOURCE CONSERVATION AND RECOVERY (ORCR)
ORCR Hazardous Waste Management Grant Program
for Tribes Funding
FY12
FY13
FY14
The OSWER Office of Resource Conservation
and Recovery (ORCR) administers the EPA's
waste management programs under the
authority of the Resource Conservation
and Recovery Act (RCRA). RCRA promotes
energy and resource conservation through
recycling, recovery reduction, clean up,
and the elimination of waste. ORCR provides
national program direction and partners with
the EPA regions and other federal agencies
to assist tribes with the management of their
waste by providing technical assistance and
grant funding. Technical assistance includes
developing informational and educational
materials and supporting training programs.
ORCR also provides national policy direction
for the EPA's tribal waste management
programs. These activities directly support
ORCR's program priority of promoting sustainable tribal waste management programs through the development and
implementation of Integrated Waste Management Plans.
EPA is committed to developing a new tribal waste management performance measure as part of its commitments
under The Environmental Agency-Wide Plan to Provide Solid Waste Management Capacity Assistance to Tribes
(the Plan). The following tribal waste management performance measure will be implemented and tracked as
an internal measure in FY2015 and FY2016: "Number of tribes where waste management program capacity has
been improved through technical assistance provided by EPA." As stated in the Plan, the EPA's main tribal solid
waste management priority, which is intended to address the most pressing waste-related environmental issues
on tribal lands, is the promotion of sustainable tribal waste management programs through the development and
implementation of Integrated Waste Management Plans (IWMPs). The tribal waste management performance
measure focuses on the Agency's activities to assist tribes in the development and implementation of waste
management programs and to advance the ongoing development of tribal capacity for building sustainable waste
management programs.
In FY 2014, EPA funded 7 projects totaling $411,900 through the Hazardous
Waste Management Grant Program for Tribes
FY2014 ACCOMPLISHMENTS
At the end of FY2014, 193 tribes were covered by an IWMR and 890 open dumps were closed, cleaned up, or upgraded.
FY12 FY13 FY2014
Tribes Covered by
an Integrated Waste
Management Plan
Open Dumps Closed,
Cleaned Up or Upgraded
147
721
173
827
193
890
Program by Program Tribal Accomplishments
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PROGRAM HIGHLIGHTS
Tribal Demonstration of Community-Based Social Marketing (CBSM) Fosters Sustainable Behavior
(EPA Region 5)
The Fond du Lac Band of Chippewa, located in Minnesota, demonstrated a thorough approach to community-based
social marketing (CBSM) to develop positive behavior strategies and provide a culturally appropriate CBSM model for
tribes through funding provided by the EPA and contractor support. The demonstration project focused on increasing
recycling behavior at the Band's tribal and community college. The Band conducted research to identify barriers,
implemented a pilot project using specific CBSM techniques and measured the results. Particularly, the Band found
through its research that the majority of students supported the idea of recycling, but the barrier was not enough
recycling bins to remind them to recycle. With student input, the Band used the CBSM "prompt" technique of strategic
signage and placement of recycling bins. Results from the pilot showed increases in the recycling rate at major locations
throughout the campus. The Band is using the lessons learned from the pilot to fine tune the recycling program campus-
wide and will share the tools developed from this project with other tribes. Region 5 is also developing a CBSM toolkit for
tribes and tribal colleges to encourage more CBSM approaches to promote positive environmental behaviors.
Washoe Tribe of Nevada and California Conducts Hazardous Waste Collection and Outreach
(EPA Region 9)
The Washoe Tribe has four federally-recognized communities (Stewart, Carson,
Dresslerville and Woodfords), totaling more than 900 residents. Through the FY
2014 Hazardous Waste Management Grant Program for Tribes, the Washoe
Tribe completed household hazardous waste (HHW) collection events in each
of the communities, resulting in the safe management and disposal of tires,
white goods, used electronics, car batteries and approximately 100 gallons of
used paint, oil and antifreeze. These collection events provided residents with
an opportunity to safely dispose of their stockpiles of household hazardous
waste. To create a sustainable program, the Tribe leveraged GAP funds to
establish permanent, accessible HHW collection stations in each of the four
communities. In addition to sponsoring the collection events, the Tribe used
the grant funds to conduct outreach to the four communities on the HHW
program and green cleaning alternatives.
Items collected during the tribe's
hazardous collect/on event.
ADDRESSING CHALLENGES AND MOVING FORWARD
ORCR is collaborating with the EPA regions to implement the new internal tribal waste management performance
measure.
ORCR is collaborating with tribal partners on the development and implementation of IWMPs to promote
sustainable waste management programs.
ORCR continues to foster a collaborative partnership between federal agencies to address waste management
issues in Indian country through the Infrastructure Task Force (ITF), which has established a Waste Programs Sub-
Workgroup (SWG). Through three Work Teams, the SWG is developing approaches and deliverables for engaging
tribal communities on solid waste issues, promoting the development and use of IWMPs and addressing open
dumps. The following are expected outcomes from the three Work Teams: 1) Assessing Barriers to Sustainability and
Resources; 2) Community Engagement Strategies; and 3) Open Dump Inventory, Health Assessment and Sanitary
Deficiency System Data.
Office of Resource Conservation and Recovery (ORCR)
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OFFICE OF UNDERGROUND STORAGE TANKS (OUST)
EPA's Underground Storage Tank (LIST) program works with
about 190 tribes to prevent releases at 2,516 USTs (about 900
facilities) that store petroleum or hazardous substances in
Indian country. The potential threat from a leaking LIST (LUST)
is contamination of ground water, a source of drinking water
for nearly half of all Americans. EPA's OUST, in partnership
with EPA's regional offices, implements the UST program in
Indian country. OUST provides technical and financial support
to tribal governments to prevent and clean up petroleum
releases from USTs.
EPA's UST program receives three types of funding from
Congress to manage different parts of the tribal UST program:
• Environmental Programs and Management (EPM)
funds, which support EPA's Indian country UST prevention
program;
• LUST Trust Fund prevention funding for Indian country tribal
assistance agreements (grants) to prevent releases; and
• LUST Trust Fund to support EPA's Indian country cleanup
program and tribal cleanup cooperative agreements.
FY2014 ACCOMPLISHMENTS
EPA's UST Indian Country Budget By
Appropriation (in millions)
FY12 FY13 FY14
| EPM • LUST PREVENTION • LUST CLEANUP D TOTAL
In FY 2014, EPA's UST Program provided grant funding to
about 30 tribes and tribal consortia. Tribes used these grants
primarily to provide compliance ass/stance to tank owners
and operators in Indian country.
Improving Compliance
EPA and tribes continued a joint investment to provide compliance assistance that improves owners, operators and
environmental managers' knowledge of UST regulations and what to expect during an inspection.
OUST's goal for national compliance rates in FY2014 was 70 percent and achieved 68 percent compliance in
Indian country.
Completing Cleanups
Over the course of the program, OUST has confirmed 1,375 releases in Indian country and as of FY2014 OUST has
cleaned up 78 percent.
In FY2014, EPA completed 26 cleanups in Indian country. This is a substantial increase from the 18 cleanups
completed in FY2013.
UST Webinar Series, August 25-29, 2014: EPA's OUST has been holding its annual meeting with tribal partners in conjunction with
the ITEP Tribal Lands and Environment Forum. There was no Tribal Lands Forum in 2014. Therefore, OUST offered a series of UST-
related webinars in place of our national meeting. The information discussed included an introduction to the UST program, the
federal budget process, opportunities for collaboration and communication, using commercial insurance, reading a contractor's
cleanup data report, and office hours with Carolyn Hoskinson, OUST's Director.
Program by Program Tribal Accomplishments
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PROGRAM HIGHLIGHTS
Eastern Band of Cherokee Indians: Proactive in Instituting Measures to Promote Leak Prevention and Cleanups
(EPA Region 4)
The Eastern Band of Cherokee Indians (EBCI) has been at the forefront of taking steps to
prevent and cleanup releases from USTs. In 2014, EBCI strengthened their LIST ordinance,
which is environmentally protective of their lands. EBCI has a long-standing, precedent setting
Memorandum of Agreement (MOA) with EPA and North Carolina (NC), which formalizes the
existing relationship between the EBCI and the state; defines each party's responsibilities to assure
compliance and oversee remediation at LIST facilities on the reservation; and provides EBCI LIST
owners and operators access to NC's tank cleanup fund. EBCI was among the first to obtain
federal credentials for their tribal LIST inspector. In addition, EBCI has been aggressive and effective
in mitigating an LIST release from the Golden Eagle Exxon, which affected their drinking water supply. EBCI built a
cofferdam to contain the release, relocated the water intake further upstream and expanded compliance assistance to
prevent a recurrence.
Minnesota Tribes Build Capacity to Provide Underground Storage Tank Compliance Assistance and Inspections
(EPA Region 5)
EPA Region 5 has strong working relationships with tribes. EPA Region 5 uses Direct
Implementation Tribal Cooperative Agreements (DITCAs) for tribes to train tribal staff on LIST
regulations, provide compliance assistance to local facilities, and obtain federal inspector
credentials, whenever possible.
In 2014, due to staff turnover, EPA and several Minnesota tribes developed a strategy to retrain
LIST compliance assistance and inspector staff. They identified John LeBlanc, an experienced
credentialed inspector with the Red Lake Nation, as a mentor for newer tribal compliance
assistance staff. Mr. LeBlanc will also conduct inspections at eight Minnesota tribes until new tribal
staff can be credentialed. This approach will allow tribal staff to be trained quickly and conserve
EPAs staff resources and travel time.
ADDRESSING CHALLENGES AND MOVING FORWARD
Sustaining and improving the rate of significant operational compliance in Indian country as resources tighten
continues to be a challenge. OUST recently finalized regulations to improve prevention of LIST releases and detect
them quickly in Indian country.
Completing cleanups and reducing the backlog of 298 sites in Indian country will continue to become more
difficult because OUST is addressing sites that require more complex cleanups and take more time and resources to
complete. OUST's FY 2015 goal of completing 30 cleanups in Indian country is challenging as resources tighten and
complex sites continue to place a demand on resources.
Office of Underground Storage Tanks (OUST)
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OFFICE OF BROWNFIELDS AND LAND REVITALIZATION (OBLR)
Many contaminated sites in Indian country are a result of
past activities of federal or tribal entities or other enterprises
that have long been abandoned. The Brownfields program,
through brownfields grants (authorized under CERCLA 128(a)
or 42 U.S. Code 9628), enables tribal communities to establish
and enhance tribal response programs, assess and cleanup
contaminated properties, and return the areas to uses that meet
tribal needs.
Number of tribes awarded cooperative agreements
inFY2014:
• 128(a): 95; 5 new grantees
• 104(k): 1 tribe awarded a brownfields assessment grant
and 2 tribes awarded brownfields cleanup grants
Number of Brownfields Grants to Tribes
FY12
FY13
FY14
1104(k) Funding
• I28(a) Funding
In FY2014, through the Brownfields State and Tribal
Response Grant Program, over $11 million dollars were
allocated to 95 tribes to fund activities to establish and
enhance their tribal response programs.
FY2014 ACCOMPLISHMENTS
The Office of Brownfields and Land Revitalization (OBLR)
Brownfields funding enabled tribes to continue to address
contaminated properties in Indian Country. In FY2014:
• 384 properties with completed cleanups and institutional
controls in place
• 1,444 total acres with completed cleanups and
institutional controls in place
• 560 properties in which assistance was provided, but
they were not enrolled
• 1,231 properties enrolled in the Tribal Response Program
(TRP)
Brownfields Cooperative Agreements to Tribes
$400,000 $800,000
$12,438,891 •• $11,786,719 • • $12,414,817
FY12 FY13
• BF#128(a)TRP
FY14
BF#104(k)
OBLR continued the regional Targeted Brownfields Assessments (TBA) of sites identified by tribes, upon request by tribes, as
resources allow. In FY2014:
• 30 tribal communities received TBA assistance.
Tribes use CERCLA 128(a) TRP funding for a variety of activities. Tribal Response Programs conduct assessments and
provide oversight at properties, create codes and ordinances, develop inventories of properties, and educate their
communities about the value of protecting and restoring tribal natural resources and community health.
Tribal ARC* Grant Tribal Section 1 28(a) Grant Total Tribal Accomplishments
Accomplishments in FY201 4 Accomplishments in FY201 4 Since FY2006
(annual Increment) (annual increment) (cumulative through FY2014)
Assessments Completed
Cleanups Completed
Jobs Leveraged
Funding Leveraged
4
I
0
$0
95
15
59
$2,173,000
297
50
517
$56,862,111
Program by Program Tribal Accomplishments
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PROGRAM HIGHLIGHTS
Northern Cheyenne (EPA Region 8)
The Northern Cheyenne Tribe (NCT), located in southeast Montana, prioritized burned and/or abandoned structures
in Lame Deer, its largest town, for cleanup through use of its Section 128(a) TRP funding. Through the years, the tribe
has compiled and maintained an inventory of properties of potential brownfields properties. In July 2014, the Tribe's
Brownfields Coordinator facilitated the collection of samples at 15 brownfields properties by EPA's emergency response
personnel. They found eight properties contaminated with asbestos. Officials removed approximately 510 tons of
asbestos-containing waste material from the reservation. The eight properties are now available for unrestricted
redevelopment. One of the properties is considered prime real estate because of its location at the reservation's busiest
intersection - Highway 212, the main east/west highway through the reservation and Cheyenne Avenue, Lame Deer's
main street. Redevelopment plans for this highly accessible property is a tribally-owned business mini-mall for small
business owners to establish shops and spur local economic development. The U.S. Department of Agriculture (USDA)
is partially funding the redevelopment through the Northern Cheyenne Housing Authority. The other seven properties
cleaned up through this joint NCT/EPA partnership are being considered for redevelopment as affordable housing.
Navajo and Alaskan Native Village Environmental Workforce Development and Job Training
(EPA Region 9 and EPA Region! 0)
Through EPA's Environmental Workforce Development and Job
Training grant program, unemployed tribal residents are gaining
environmental certifications that equip them with the skills
needed to secure full-time employment in the environmental
field. Through a grant awarded to Zender Environmental Health
and Research Group (ZENHRG) in Anchorage Alaska, ZENHRG
is providing unemployed Native Alaskans from rural towns
throughout the state 168 hours of instruction in areas such as:
40-hour HAZWOPER, freon recovery, resource recovery and solid
waste management, landfill operator, forklift operator, above-
ground storage tank removal, oil spill cleanup, emergency
response, water and soil sampling and confined space entry.
Under ZEHRG'S last grant, 36 individuals completed training,
and of those, 32 were placed in full-time employment within
their native villages. Through a grant awarded to Northern Arizona
University unemployed Navajo residents are being provided 142
hours of instruction in 40-hour HAZWOPER, radiological technician
training, environmental health and safety, and hazardous waste site sampling and cleanup. Training under this grant is
ongoing and Northern Arizona University anticipates training 36 individuals and placing 35 of those individuals in full-time
employment. This grant will help the Navajo Nation provide critical training to assist local, unemployed residents secure
employment related to the cleanup of uranium mine tailings and other hazardous waste sites in their community.
ADDRESSING CHALLENGES AND MOVING FORWARD
Working to increase tribal capacity to establish and enhance effective TRPs.
Improving engagement and support of tribes.
Balancing new tribal requests for CERCLA 128(a) funding and providing adequate support to existing entities to
establish and enhance their response programs continue to be challenges because of high demand for the limited
CERCLA 128(a) funding appropriated annually.
ZENHRG trainees participating in a HAZWOPER
emergency response exercise.
Office of Brownfields and Land Revitalization (OBLR)
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CONCLUSION
This 2014 OSWER Tribal Program Report documents accomplishments and activities with tribal partners to increase
awareness, understanding and implementation of EPA programs. With continuous input from tribal partners and
a process in place to gauge effectiveness on an annual basis, OSWER is prepared to meet new and emerging
environmental challenges in 2015 and the years to come.
OSWER is committed to continuing to work with tribes to help them meaningfully participate in government decisions on
land cleanup, emergency preparedness and response, and the management of hazardous substances and waste. In
addition, new issues are consistently raised, such as establishing sustainable waste management in tribal communities,
tackling the myriad of challenges associated with climate change, the need for more technical assistance related to
mining issues (especially abandoned uranium mines), and new opportunities for integrating "green" approaches into
environmental management programs and revitalization efforts (such as developing alternative energy enterprises on
contaminated lands).
OSWER will continue to use this report to maintain conversations with tribes, identify needed changes or updates to
OSWER programs, discuss information efforts and concerns of tribes and tribal partners, and expand coordination
among OSWER, other EPA program offices and federal agencies.
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Mathy Stanislaus, Assistant Administrator for OSWER, with the Tribal Waste and Response Assistance Program Steering Committee
Members. From left to right: Alex James, Tim Kent, Virginia LeClere, Julie Jurkowski, Victoria Kotongan, Rob Roy, Elliott Talgo,
Mathy Stanislaus, Katherine Kruse, Victoria Flowers, Janice Sims, Mehrdad Khatibi, Todd Barnell, and John Wheaton.
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