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Indian Country Update: 2009
A Note From: Carolyn Hoskinson, Director
EPA's Office of Underground Storage Tanks
This year we celebrated three important milestones. The American Reinvestment and Recovery
Act was passed in February 2009, which provided authority and funding to create jobs and
assess and cleanup shovel-ready sites in Indian country and nationwide. It also marks the 25th
anniversary of EPA's UST program and the 4th anniversary of the Energy Policy Act. As we
complete this year, I am delighted to see all that EPA and tribes continue to achieve by working
together.
In August 2006, EPA and tribes developed a strategy, as a result of the 2005 Energy Policy Act,
to further the goals of the UST program in Indian country. This strategy lays out five
commitments that were formulated through the hard work and thoughtful input of an EPA-tribal
workgroup. Since then, we have been working together to continue to fulfill these commitments,
which include:
V	Strengthening Relationships, Communication and Collaboration;
V	Improving Information Sharing;
V	Implementing New UST Provisions of the Energy Policy A ct;
V	Implementing UST Prevention Activities through EPA and Tribal UST Programs; and
V	Implementing LUST Cleanup Activities through EPA and LUST Tribal
In the next few pages, we share with you some of our key accomplishments and progress to date
as well as our plans for continuing our partnership to meet these commitments to improve the
UST/LUST Program in Indian country. We also identify some of the challenges facing the
program. Our successes and plans for the future are important to the tank program's goal of
reducing and cleaning up underground storage tank releases.
3rd Annual Tribal - U.S. EPA Underground Storage Tanks Annual Meeting, October 6-7, 2009, Miami, FL
Programs.

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U.S. Environmental Protection Agency
Office of Underground Storage Tanks	www.epa.gov/oust
Tribal Strategy Commitments And
What EPA And Tribes Have Done Together
Strengthening Relationships, Communication and Collaboration

Developed web site httD://www.eDa.aov/oust/tribes/index.htm

Developed UST Proaram Directory http://www.epa.aov/oust/pubs/ustindiancountrvdirectorv11-08.pdf

Held two Annual Tribal-EPA Meetings: Albuquerque, NM (2007) and Rapid City, SD (2008)

Held quarterly conference calls

Increased tribal role in national conference

Developed chat room
	http://tech.aroups.vahoo.com/aroup/Tribal UST/
	httD://arouDs.vahoo.com/arouD/Tribal-EPA UST Workaroup/

EPA Administrator Jackson reaffirmed EPA's 1984 Indian Policy on July 27, 2009
Improving Information Sharing

Developed and implemented communication and outreach plan

Enhanced EPA's Indian country planning and funding process to provide a more open understanding of
program resources available to tribes

Provided information about EPA's Petroleum Brownfields Grant Funding www.epa.gov/oust/rags/
pbgrants.htm

Provide mid-and end-of-vear proaram performance reports www.epa.aov/oust/cat/camarchv.htm

Utilize national and regional tribal operations committees to disseminate information
Implementing New UST Provisions of the Energy Policy Act

Developing regulations to require provisions (such as delivery prohibition, operator training and secon-
dary containment) apply to USTs in Indian country and in states that do not have state program approval.

Performing mandatory inspections of all USTs in Indian country every three years

Awarded arant to provide owner/operator trainina for Indian country http://www.itcaonline.com/
proaram ust.html

Provided information on the status of federal and state agency compliance
	http ://www. e pa. a o v/o ust/fed laws/ffre po rt. ht m
	http://www.epa.aov/oust/fedlaws/staterot.htm
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3rd Annual Tribal - U.S. EPA Underground Storage Tanks Annual Meeting, October 6-7, 2009, Miami, FL

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U.S. Environmental Protection Agency
Office of Underground Storage Tanks	www.epa.gov/oust
Tribal Strategy Commitments And
What EPA And Tribes Have Done Together
Implementing UST Prevention Activities through EPA and Tribal UST Programs
	Working to improve Significant Operational Compliance (SOC) at UST Facilities in Indian country so that
facilities' operation and maintenance prevent and detect releases
	Issued federal credentials to six tribal inspectors
	Provided about $2.2 million annually in prevention funding for Indian country
(additional information on page 4)
Implementing LUST Cleanup Activities through EPA and LUST Tribal Programs
	Worked to reduce the backlog of cleanups not yet completed in Indian country
	Expanded efforts to identify abandoned tank sites in Indian country
	Provided sustained annual budget of about $2.6 million in LUST to assess and cleanup sites in Indian
country
	Began implementing American Reinvestment and Recovery Act, which provided an additional $6.3 million
to perform site assessments and cleanup of sites in Indian country
	Provided national and regional contractor support to assess and cleanup leaking underground storage
tank sites (e.g. where the owner or operator is unknown, unwilling, or unable to perform cleanup)
	Provided LUST funding directly to tribes to conduct cleanups
	Provided LUST corrective action training for tribes in 2008 and 2009
	(additional information on page 5)	
What's Coming Up?
Meetings and Trainings:
	International City/Council Management Association (ICMA)/EPA Brownfields Conference, New Orleans,
LA, November 16-18, 2009 http://www.brownfieldsconference.org/en/index.aspx
	22nd National Tanks Conference and Expo, Westin Hotel Boston Waterfront, Boston, Massachusetts from
September 20-22, 2010 http://www.neiwpcc.org/tanksconference/
	Owner/Operator Training for Tribes for updates go to: http://www.itcaonline.com/program ust.html
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3rd Annual Tribal - U.S. EPA Underground Storage Tanks Annual Meeting, October 6-7, 2009, Miami, FL

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U.S. Environmental Protection Agency
Office of Underground Storage Tanks	www.epa.gov/oust
Preventing Releases In Indian Country
Tribes and EPA continue to work to prevent releases and improve underground
storage tank (UST) compliance in Indian country by:
V	enhancing inspection frequency at UST facilities to at least once every three
years;
V	issuing federal credentials to tribal inspectors;
V	developing additional compliance-focused assistance agreements with tribes;
V	providing training to tribal environmental professionals and facility owners and
operators; and,
V	working to develop regulations to implement provisions of the 2005 Energy Act.
Status Of Significant Operational Compliance
At UST Facilities In Indian Country
Significant operational compliance (SOC) is a key element to
preventing releases because it means that a facility has the equipment
required by regulations and performs operation and maintenance to
prevent and detect releases. SOC rates in Indian country have varied
considerably from year to year due to the relatively small number of
USTs. Between 2004-2009, SOC in Indian country has been on
average about 15 percent below the national rate. However, at the end
of FY 2009, the gap is estimated to be 17 percent. EPA, in partnership
with tribes, will continue to identify ways to improve SOC in Indian
country.
Significant Operational Compliance Rates:
National and Indian Country
(2009 Estimated)
80%
70%
60%
50%
40%
30%
20%
10%
0%
2004
2005
2006
2007
2008
2009 Estimated
Five Tribal Inspectors Authorized To Conduct
Federal UST Inspections
Designating tribal inspectors as authorized representatives of
EPA to inspect USTs can help increase the geographic cover-
age and frequency of inspections in Indian country. It also
helps enhance relationships and increase the capabilities of
tribal inspectors. In FY 2009, three tribal inspectors received
credentials to conduct federal UST inspections at tribal facilities
and potentially other facilities. Since EPA's commitment in
2006 to issue federal credentials for tribal inspectors, a total of
six inspectors have received credentials, five of which are still
with their respective tribes. Currently, four tribes have feder-
ally-credentialed inspectors:
V	Confederated Salish and Kootenai Tribes
a/ Eastern Band of the Cherokee Indians
V	Navajo Nation
V	Shoshone-Bannock Tribes
EPA anticipates that these inspectors will conduct more than 15
percent of the federal inspections in Indian country in 2010.
Developing Regulations
EPA is revising the 1988 federal UST regulations to
require that the 2005 Energy Policy Act provisions apply
to USTs in Indian country and in states that do not have
state program approval. The Agency is also considering
revisions to the existing regulations, as appropriate.
Over the past year EPA has consulted with a variety of
stakeholders, including tribes and states, concerning
potential regulatory changes. EPA has narrowed the list
of potential changes to a short list of items to analyze
further. Additionally, EPA is determining the costs and
benefits of these potential changes and plans to issue a
proposed rule in 2010, which will be followed by a final
regulation that will carry the underground tank program
into the future.
EPA provided $2.6 million in FY 2009
for the UST Indian country
prevention program.
National Tribal Grant For Compliance Assistance Awarded
In April 2009, EPA awarded a grant for the Inter Tribal Council of Arizona (ITCA) to provide compliance assistance training to tribes and
owners/operators in Indian country. This is a five year grant worth up to $2.5 million. This grant also provides inspector training and
certification for tribal staff to conduct inspections at tribal facilities.
3rd Annual Tribal - U.S. EPA Underground Storage Tanks Annual Meeting, October 6-7, 2009, Miami, FL
'Protecting
INDIAN I -
COUNTRY 11

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^4 PRO^
U.S. Environmental Protection Agency
Office of Underground Storage Tanks	www.epa.gov/oust
Completing Cleanups In Indian Country
EPA has primary responsibility for cleaning up Underground Storage Tank (UST) releases in
Indian country and actively works with tribes to identify, assess, and clean up these releases
by:
V	analyzing the backlog of cleanups yet to be completed;
V	identifying Leaking Underground Storage Tank (LUST) Trust Fund eligible sites;
V	continuing use of national and regional cleanup contracts;
V	providing cleanup grant funding directly to tribes; and
V	providing corrective action training to tribes.
Status Of LUST Cleanups In Indian Country
For several years the cleanup rate in Indian country lagged
behind the national rate by 15-20 percent. Since 2004, this
gap has been reduced to about 10 percent.
Indian Country and National LUST Cleanup Rate
10 Year Comparison
(2009 Estimated)
90%
80%
70%
60%
50%
40%
'Indian Count ry
'National
30%
20%
10%
0%
2000
2001
2002
2003
2004
2005
2006
2007
2008 2009 Est.
EPA's annual goal is to complete 30 cleanups in Indian country.
In 2009 EPA exceeded this goal by completing 40 cleanups.
Analysis Of Cleanups Yet To Be Completed
In Indian Country
Over the past eight years, the LUST cleanup backlog in Indian
country has declined by about 25 percent. This success is
due partly to focused efforts by EPA and tribes to complete the
remaining cleanups necessary at older sites and to the
increased use of the national and regional Indian country
cleanup contracts. These contracts help assess LUST Trust
Fund eligible sites; design corrective action plans; and
remediate contaminated sites. However, completing cleanups
and reducing the backlog of sites in Indian country is likely to
become more difficult as a result of two factors. Some EPA
Regions are in the process of conducting comprehensive
surveys to identify abandoned tanks. Some of these tanks
may have releases that are currently not part of the backlog.
In addition, EPA is addressing more sites that require complex
cleanups which take more time to complete.
LUST Cleanups Completed in Indian Country
(2009 Estimated)
54	
2003
2005
2007
2009
Estimated
Cleanups Yet To Be Completed in Indian Country
(2009 Estimated)
500
400
300
200
100
0


l&A

2003
2005
2007
2009
Estimated
Tribal LUST Grants
In FY 2009, EPA provided LUST funds directly to the Navajo
Nation and the Nez Perce Tribe to conduct cleanups. This
direct funding furthered their capacity to develop and manage
their cleanup programs and reduce the number of remaining
cleanups in Indian country.
EPA provided $8.9 million in FY2009
for LUST cleanups in Indian country; $6.3 million
of which was appropriated from the American
Recovery and Reinvestment Act.
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3rd Annual Tribal - U.S. EPA Underground Storage Tanks Annual Meeting, October 6-7, 2009, Miami, FL
Protecting
INDIAN I -
COUNTRY 11

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