EPA-TRIBAL ENVIRONMENTAL PLAN
SAMPLE
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TABLE OF CONTENTS
EPA - Tribal Environmental Plan
Section 1.0 - Introduction 1-1
1.1 Tribal Lands 1-2
1.2 Tribal Jurisdiction 1-4
1.3 Tribal Environmental Plan - 2001 1-4
1.4 Environmental Planning Department 1-5
1.5 EPA-Tribal Environmental Plan - 2015 1-6
Section 2.0 - Environmental Program Priorities 2-1
2.1 Water and Water Quality 2-1
2.2 Air Quality 2-7
2.3 Climate Change 2-11
2.4 Sources of Assistance & Fimding Opportunities 2-14
Section 3.0 - EPA Program Priorities.
.3-1
3.1 Clean Water Act Section 106 Tribe's Treatment as a State 3-1
3.2 Clean Water Act Section 319 Non-Point Source Pollution 3-1
3.3 Clean Air Act Section 103 3-2
Section 4.0 - Inventories of Regulated Entities.
4.1 Regulated Entities:
.4-1.
.4-1
2015
i
[NAME OF TRIBE]
EPA-Tribal Environmental Plan
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1.0 Program Overview
SECTION 1.0
Introduction
ADD BACKGROUND INFORMATION, FOR EXAMPLE: BACKGROUND ON WHAT WAS DONE
TO PREPARE FOR THE TEP, WHY IT IS IMPORTANT TO THE TRIBE TO HAVE ONE, ETC.
1.1 Tribal Lands
ADD BACKGROUND INFORMATION ON THE TRIBAL LANDS, FOR EXAMPLE, HISTORY,
SIZE, LOCATION, POPULATION ETC.
Tribal Land Uses
The Reservation is unofficially divided into three areas: the Area 1, Area 2, and Undeveloped Areas
referenced by the original parcel owners.
The lands of the Reservation are utilized for economic development, Tribal government, Tribal services,
and residential uses. Table 2 identifies the types of facilities located on the three areas of the
Reservation.
Table 2
Tribal Facilities
[EXAMPLE]
Area 1
Area 2
Undeveloped Areas
Administrative Offices
Casino and Events Center
Idle Woodland
Compliance Offices
Parking Garage
Idle Pasture Land
Day Care Facility
Parking Lot
Rural residences
Dental Clinic
Church
Compliance Office
Gaming Commission
Residences (#)
Tribal Police
Wastewater Treatment Plant
Learning Center
Wastewater Effluent Storage
Medical Administration
Potable Water Storage Tanks
Medical Clinics
Equipment Staging Areas
Pole Barn
Golf Course
Public Works Department
Residences (#)
Tribal Meeting Hall
Youth Center
Source: include citation
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1.0 Program Overview
1.2 Tribal Jurisdiction
Tribal versus State Jurisdiction
There is a distinction regarding Tribal environmental compliance requirements between Federally-held
Tribal lands and Tribal land held in fee. Lands held in Trust by the B1A (Tribal Community Trust lairds)
are blanketed under federal law. Compliance w ith environmental regulations, such as the Clean Air Act
and Clean Water Act, is under the jurisdiction of the USEPA. State, county, and local laws and
regulations do not apply to these lands. Tribal lands held in fee title (Tribal Community Fee lands), must
comply with local jurisdiction. Environmental regulation is under the jurisdiction of the State and
corresponding State agencies, or where the State has conferred compliance responsibility to local
jurisdictions (counties, cities, special districts), Tribal actions must comply with local laws, regulations,
and plans.
Tribal Jurisdiction over Non-Members
Generally, Indian tribes may retain inherent pow er to exercise civil authority when conduct of non-tribal
members on fee lands within the boundaries of the Reservation threatens or has some direct effect on the
political integrity, the economic security, or the health and/or we I fare of the Tribe {Montana v. United
States, 450 U.S. 544, 566 (1981); see also Atkinson Trading Co. Inc. v. Shirley, 532 U.S. 645 (2001)]. In
relation to Tribal environmental compliance, rulings of the US Supreme Court have maintained that
tribe's have the authority to exercise jurisdiction over non-tribal member actions that may result in non-
compliance with Tribal ordinances of Federal statutes relating maintenance of the Reservation's
environment.
1.3 Tribal Environmental Plan ¦
A Tribal Environmental Plan (TEP) was prepared in September 2001. The 2001 TEP was developed to
provide a framew ork for the management of environmental issues facing the Tribe, by identifying the
most important environmental issues and outlining strategies to address these issues, including Federal
funding sources for implementation. The TEP was required by the US Environmental Protection
Agency as a requirement of initiating funding from the General Assistance Program (GAP) to develop
and implement Tribal environmental programs.
The following were identified in the 2001 TEP as key environmental issues facing tire Tribe:
1. Water Quantity and Quality;
2. Wastewater Treatment;
3. Environmental Planning;
4. Environmental Structure;
5. Natural and Cultural Resources Management;
6. Hazardous Materials Management;
7. Air Quality;
8. Solid Waste Management;
9. Casino Environmental Management; and
10. Community Outreach.
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1.0 Program Overview
The 2001 TEP lias helped to guide the Tribal Environmental Planning Department, Public Works
Department, Cultural Resources Department, Tribal Medical Services Department, and the Tribal Council
in developing the Tribe's Environmental Program. Since the development of the TEP, the Tribe has
applied for and received various grants (GAP and Clean Water Act) to implement many of the projects
and actions identified in the TEP, including Treatment as a State under the Clean Water Act. Future uses
of the EPA GAP funding will be used to maintain existing environmental programs, expand the capacity
of such programs and to develop new capacities within the Tribe's Environmental Planning Department
to best serve the needs of the tribal membership.
1.4 Environmental Planning Department
In 2001, a Tribal Environmental Planner (Planner) was hired through funding from the USEPA General
Assistance Program (GAP) grant to assist in developing an environmental program to reduce
environmental hazards on the Reservation and ensure continued compliance with Federal and local
regulations. The Planner was also responsible for the administration and management of environmental
grant activities. With the adoption of Tribal Council Resolution No. 2000-121, the Environmental
Planning Department was given responsibility for the protection of the Reservation's environmental
resources on lands held in trust for the Tribe by the Bureau of Indian Affairs, lands held in fee by the
Tribe, and individual fee and trust lands within the boundaries of the Reservation. The Environmental
Planning Department works with the Tribal Council Designee, Tribal Legal Counsel, Tribal Public
Works Department, Cultural Resources Department, Tribal Medical Services, and casino managers to
manage the Tribal environmental resources.
Operations
The Tribal Environmental Planning Department is a funded extension of the Tribal Council and operates
under the guidelines outlined in the Policies and Procedures Environmental Planning Department
(Policies and Procedures) developed in 2000 by the Environmental Planning Department. Table 1-1
provides a personnel summary within the Environmental Planning Department.
Policies and Procedures include provisions to carry out the following:
1. Maintenance of files and records pertaining to the protection of the environment;
2. Accounting for funding environmental protection operations;
3. Administration of personnel within the Environmental Planning Department;
4. Procurement of supplies and equipment to implement provisions of the Environmental Protection
Ordinance; and
5. Procedures for environmental planning.
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1.0 Program Overview
Table 1-1
Environmental Planning Department Staffing
Title
Name
Responsibility
Phone Number
Environmental Manager
Grant development and
administration, Tribal Council
coordination/reporting, Budgeting;
Compliance review, and Department
management.
Administrative Assistant
Administrative coordination/ support,
III
Staff scheduling/ coordination, and
Document coordination/support.
Air Quality Specialist
Air quality grant implementation, Air
quality program implementation, Air
Quality monitoring/reporting,
Document preparation, Compliance
decisions, and Director support.
Water Quality Specialist
Clean Water Act grant
implementation, Water quality
program implementation, Water
Quality monitoring/reporting,
Document preparation, Compliance
decisions, and Director support.
1.5 EPA-Tribal Environmental Plan - 2015
In May 2013, the U.S. Environmental Protection Agency (EPA) released its new guidance for the Indian
Environmental General Assistance Program (GAP), an assistance award program that helps tribes to
establish and develop environmental programs in Indian Country. A new component of the GAP
guidance requires that tribes and EPA jointly develop an EPA-Tribal Environmental Plan (ETEP)
defining mutual roles and responsibilities for program implementation.
Through the development of this ETEP, both the EPA and the tribe have identified long-term
environmental program planning, and will be better positioned to ensure that GAP is being used
effectively to build Tribal environmental program capacity. This ETEP is specific to this tribe and serves
as a living and adaptable document for both tribes and EPA as environmental partners to use in planning
and implementing our work. The ETEP is a guidance document, and is not intended to create any
enforceable obligation for the tribe.
The EPA 2013 GAP guidance specifically lists the following components for developing an ETEP:
1. Identification of Tribal Environmental Program priorities, including capacity building and
implementation goals,
2. Identification of EPA program priorities and management requirements,
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1.0 Program Overview
3. Inventor}^ of regulated entities, and
4. Identification of mutual roles and responsibilities.
Purpose
The scope of this plan shall cover the period of 2016 through to 2020 and is meant to guide the tribe in
realizing the environmental goals and priorities as identified at the time this document was drafted.
Tribal staff recognizes that priorities and needs change, and shall amend the document as the tribe sees fit
to serve the needs of the Tribe's environmental programs. The administration of this plan shall be by the
Tribe's Environmental Planning Department under the direction of the Tribal Council.
2015 ETEP- Organization
Tliis ETEP contains the following five sections:
(1.0) Introduction
Summary of the history of the Tribe's Environmental Planning authority and operations;
Environmental management goals of the Tribal Council; and
ETEP purpose and organization.
(2.0) Tribal Environmental Program Priorities
Summary of the resource conditions on tribal lands;
Summaries of environmental program priorities:
Tribe's long-term environmental program development goals;
Intermediate program development milestones within the four-year planning period;
Plans to manage authorized environmental programs: and
Assistance needed to implement the environmental programs.
(3.0) EPA Programs and Priorities
Tribe's Treatment as a State Responsibilities;
EPA Implementation Programs; and
Programs with no applicable regulated entities within or adjacent to Tribal lands.
(4.0) Inventories of Regulated Entities
Description of entities regulated under EPA or other environmental programs.
EPA-Tribal Environmental Plan
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SECTION 2.0
Environmental Program Priorities
The environmental program priorities presented in this section are an important factor in how the tribe will
partner with the EPA to meet short and long-term program development milestones for building capacity. This
ETEP also addresses specific technical assistance and training the tribe may need from EPA. The following
details are presented for each priority:
¦ Short description of the priority;
¦ The tribe's long-term environmental program development goals that help to address or support the
priority;
¦ Intermediate program development milestones the tribal government would like to meet during the
time period of the ETEP;
¦ The tribe's plans to manage authorized environmental programs; and
¦ Any type of assistance (training, technical assistance. EPA direct implementation actions, financial,
etc.) that may be needed.
The Tribe has identified the following Environmental Program Priorities:
2.1 Water and Water Quality
Surface Water
PROVIDE BACKGROUND INFORMATION, FOR EXAMPLE: Description and name of the watershed, names of water
bodies, creeks, rivers, dams, topography, etc.
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Surface Water Quality
PROVIDE BACKGROUND TNFORMA T10N, FOR EXAMPLE: What influences surface water quality such as
land use and waste disposal; whether there are any known water quality issues, any levels of contaminants,
exceedances, etc.
Groundwater
PROVIDE BACKGROUND INFORMATION, FOR EXAMPLE:
Where the tribe is located within a groundwater basin, any information you know about the groundwater
aquifer, the uses of groundwater on the reservation, groundwater storage if any, whether there are
groundwater wells on tribal lands, and how many.
Groundwater Quality
ADD BACKGROUND LNFORXIATION FOR EXAMPLE:
The 2014 Consumer Confidence Report (CCR) completed by the Tribe details the sources of the drinking
water supply and the level of contaminants found during water quality testing. The water, which is pumped
from 850-1000 feet below ground surface level, is treated with chlorine injections in order to kill bacteria that
may be present. In 2014, the Tribe supplemented their drinking water supply with water purchased from the
County, the City, and the County Water Works District, The purchased water was mixed with the
Reservation's well water in the potable water storage tanks located in the upper and lower Reservation.
According to the CCR, the following activities are the most prominent sources of pollution: erosion of natural
deposits, runoff from fertilizer use, leaching from septic tanks, and byproducts of the water chlorination
process. The water quality analysis within the CCR showed that there we a- no analytes tested that exceeded
their Maximum Contaminant Level (MCL). The MCL is the highest level of a contaminant that is allowed in
drinking water in accordance with the Federal Safe Drinking Water Act before the water is deemed unsafe.
Some areas of concern include radionuclides, metals, nitrates, and bi products of chlorination.
Wells contain naturally occurring detectible levels of uranium. The identified levels are not considered
harmful as they are below the MCL for uranium. The uranium is most likely derived from the erosion of
natural deposits from certain minerals found in the aquifer. The erosion of natural deposits is also the source of
arsenic in the water. The water analysis showed arsenic concentrations below the MCL. Nitrates were detected
at levels below the MCL. There are many sources of nitrates including: runoff and leaching from fertilizer use,
leaching from septic tanks, sewage, and erosion from natural deposits. No positive sample for microbiological
contaminants was identified.
THE TRIBE'S PROGRAMS
Clean Water Act Section 106
In November 2003 the EPA approved the Tribe's original Quality Assurance Project Plan (QAPP) to initiate a
Water Quality Monitoring Program (WQMP). The QAPP details operational provisions involved in performing
surface water and groundwater sampling on the property, which includes Tribal Trust land, Tribal Fee land,
Trust Allotment land and Individual Fee land for a total of XX acres. Since the development of the 2003 QAPP,
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the tribe purchased additional lands with varying portions having been conveyed in trust to the BIA and a larger
wastewater treatment plant (WWTP) has been constructed and a corresponding National Pollutant Discharge
Elimination System (NPDES) permit (Permit No. CAOOXXXX) for the discharge of tertiary treated recycled
water has been issued to the Tribe. Accordingly, the QAPP was updated to address the increase in land
holdings and changes to the Tribe's operations and was approved by EPA in 2013. As stated in the QAPP, the
problem is not that there exists contamination and a need for remediation, but that a water quality monitoring
program should be implemented to ensure water quality in the future. As addressed in the September 2001
"Tribal Environmental Plan" publication, there is currently "no clear oversight by management of water quality
monitoring and record keeping ensuring accuracy, reliability, and consistency."
Clean Water Act Section 319
The Tribe prepared a Nonpoint Source Assessment Report and Nonpoint Source Management Program and
submitted this document to the EPA in November of 2002. EPA approved both the Assessment Report and
Management Plan in December of 2002. Since that time, the Tribe has used grant funding to implement the
management plan to understand the relationship between land uses on Tribal land and water quality.
However, the size of the Reservation has greatly increased as described above since the original 2002
assessment. The Tribe lias updated its NPS Assessment Report that was prepared to support the Tribal NPS
pollution prevention program in assessing the effects of NPS pollution on water quality in the expanded
Reservation and to supplement the development of the NPS Pollution Best Management Practices Plan;
however, formal approval has not yet been received.
In addition, The Tribe developed a NPS Management Program Plan to fulfill the USEPA's application
requirements for Clean Water Act, Section 319(h) Grant funds. The Nonpoint Source Management
Program Plan was revised in 2013 to incorporate management considerations associated with changes to
the Tribe's land holdings since the development of the 2002 Nonpoint Source Management Program Plan.
Revisions include updates to the management program to outline projects for Clean Water Act Section
319(h) funding for Fiscal Years (FY) 2014 through 2019.
Water and Water Quality Priority: Water Quality Monitoring Program
Development
The Tribe is committed to the continuation and expansion of the WQMP to monitor, manage, and protect water
resources to the highest attainable quality of the Tribe's ability. Looking forward, the Tribe's goals are to
maintain and expand upon the WQMP to include:
1. Establish Core Administrative Capacities,
2. Increased continuous data monitoring capacity,
3. Expansion of water quality monitoring stations and frequency,
4. Increase of water quality monitoring staff, and
5. Improve/protect the Tribe's drinking water sources.
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Table 3
Water Quality Monitoring Program Development Intermediate Goals and Milestones
Goal
Program Activity
Capacity
Indicators1
Completion
Date
Establish Core
Seek grant and tribal program funding to support
B.2.2
2016
Administrative
hiring staff with appropriate skills, knowledge and
Capacities
experience to manage the WQMP.
Develop a training plan for staff that reflects the
B.2.3; D.3.2
2016-2017
capacity-building priorities for the WQMP.
Increased Water
Determine the feasibility and cost analysis of
D.3.10
2017
Quality Monitoring
continuous monitoring of selected WQ stations in
Program Capacities
relation to the Tribe's NPDES permit.
Procure technical WQ equipment to implement
D.3.13
2017
continuous monitoring.
Identify tribal land use activities that may have the
D.3.9
2018
potential to impact tribal water resources.
Establish new monitoring stations, draft WQ
D.3.10
2018
monitoring plan amendments, and update the
Tribe's QAPP.
Inventory environmental resources not previously
D.3.9
2016 and
with each
subsequent
land
purchase
inventoried on tribal trust lands which may serve as
indicators for watershed health.
Seek grant and program funding support for
D.3.10
2016
equipment purchases.
Improve and Protect
Implement the Tribe's Wellhead Abatement Plan
D.3.35
2019
Drinking Water
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Goal
Program Activity
Capacity
Indicators1
Completion
Date
Sources
Delineate wellhead protection zones and integrate
into land use planning
D.3.341
2019
Draft Wellhead Protection Ordinance to coordinate
with other Tribal government operations
B.2.8
2017
'-Capacity indicators from Appendix I Guidebook for Building Tribal Environmental Program Capacity of the Guidance on the Award
and Management of General Assistance Agreements for Tribes and Intertribal Consortia (May 15,2013)
To realize these ambitions the Tribe shall need financial and technical assistance to meet program goals and
objectives. Technical assistance either from the EPA or other state and local governments including the
Institute for Tribal Environmental Professionals shall be solicited for continued professional development of
tribal staff skills. Through the use of the Tribe's future EPA assistance agreements, the Tribe shall seek the
financial support to expand tribal water quality stations, water quality staff, and to procure water quality
supplies and equipment. Through Tribal and EPA grant funding, the Tribe will ensure wells are appropriately
abandoned to protect water quality and wellhead protection zones are delineated and integrated into the Tribe's
planning activities.
Water and Water Quality Priority: Wetland Program Development
At this time, there is no official wetlands program operated by the Tribe. Projects being conducted by the
Tribal departments are responsible for ensuring compliance with the Clean Water Act. The Tribe is
committed to establishing a Wetlands Program under the Environmental Planning Department. The long term
advance of a Wetland program shall include the following:
1. Development of a Wetlands Program,
2. Integrate identified wetlands into existing tribal water and land monitoring efforts,
3. Seek and apply for funding opportunities to implement and sustain a tribal wetland program,
4. Train tribal staff in the delineation of wet land resources,
5. Purchase wet land monitoring and assessment field and reference tools,
6. Ensure the validity of wet land monitoring and assessment efforts, update the tribal Quality Assurance
Project Plan (QAPP) to include wet land methods and procedures,
7. Develop tribal baseline data on wet land conditions and formulate a GIS strategy or protocol to
prioritize wet land conservation, protection and restoration needs for urban and non-urban areas.
8. Develop spatial assessment and analysis tools that can be used to: rank wetlands based on their
suitability for conservation, restoration, and mitigation needs; determine conservation/restoration
priority areas.
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Table 4
Wetland Program Development Intermediate Goals and Milestones
Capacity Completion
Goal Program Activity " ,
Indicators Date
Develop a Wetlands
Program
Seek grant and tribal program funding to support
development of a 6 year Wetlands Program Plan
D.3.17
2017
Integrate Wetlands into
Existing Tribal WQMP
Generate monitoring plan and update WQMP QAPP
to integrate wetland assessments.
D.3.18
2018
Gather, compile, and organize wetland metadata,
plant data, and GPS data.
D.3.18
2018
Develop GIS assessment and analysis tools that can
be used to rank wetlands.
D.3.18
2019
Gather, compile, and organize wetland metadata,
plant data, and GPS data.
D.3.18
2019-2020
'-Capacity indicators from Appendix I Guidebook for Building Tribal Environmental Program Capacity of the Guidance on the Award
and Management of General Assistance Agreements for Tribes and Intertribal Consortia (May 15,2013)
The Tribe shall need financial and technical assistance to meet wetland program goals and objectives.
Technical assistance either from the EPA, other state and tribal governments, or private contractors shall be
solicited as the Tribe moves forward with to achieving all four aspects of the EPA's CEF for wetland program
development. Where appropriate, the Tribe shall use future EPA assistance agreements in order to support
staff, equipment and supplies procurement, and program implementation.
Water and Water Quality Priority: Storm Water Management and Low-Impact
Development Infrastructure Development
At this time, there is no official stormwater management program operated by the Tribe. Projects being
conducted by the Tribal departments are responsible for ensuring compliance with the Clean Water Act,
including stormwater requirements under the EPA National Pollution Discharge Elimination System General
Construction Permit.
The Tribe seeks to develop the in-house capacity to plan, design and implement Low Impact Development
(LID) technologies into future tribal projects requiring Tribal Council approval to reduce the expense and
impact of urban development upon the Tribe's open spaces. The Tribe's long term goals are to develop the
knowledge, skills and abilities of tribal staff to identify watershed hydrological limitations in project
developments, design LID structures to mitigate development impacts and to provide professional oversight
on the construction of LID infrastructure into tribal urban developments.
With land use planning and development, hydrological processes are often ignored or are considered secondary
expenses. By incorporating hydrological processes into land use development and retaining hydrology
functionality in the landscape, developers and urban managers can often reduce storm water treatment and
emergency flooding costs. The long term advance of a LID program shall include the following:
1. Development of a LID planning document,
2. LID tribal policy,
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3. Staff knowledge and design capacity to implement LID technologies into tribal projects,
4. Implementation of tribal policy and LID planning into tribal projects.
Table 5
LID Program Goals and Milestones
Goal
Program Activity
Capacity
Indicators1
Completion
Date
Development of a LID
Planning Document
Prepare a feasibility study of current and future
tribal projects with the potential for LID
inclusion.
B.2.8
2017
Draft a Tribal LID planning strategy to
guide LID design and implementation into
tribal projects.
B.2.8
2018
Adopt a Low Impact
Development Tribal
Utilizing the Tribal LID planning document,
draft a LID Tribal Policy
B.2.8
2018
Policy
Release the LID Tribal Policy for internal and
peer review and comments.
B.2.8
2018
Provide a Tribal Council Workshop on the LID
B.2.8
2020
Tribal Policy and seek a Tribal resolution
adopting the policy.
Increase Staff LID
Seek and attend a basic principles and
B.2.8
2018
Knowledge
techniques course on LID design and
implementation for tribal staff
Implementation of LID
Policy
Incorporate LID design and planning into the
implementation of tribal projects.
B.2.8
2020
'-Capacity indicators from Appendix I Guidebook for Building Tribal Environmental Program Capacity of the Guidance on the Award
and Management of General Assistance Agreements for Tribes and Intertribal Consortia (May 15,2013)
To realize these goals the Tribe shall seek financial and technical assistance to meet program goals and
objectives. Technical assistance either from the EPA or other state and tribal governments shall be solicited
for the basic understanding LID concepts and designs. Through the use of the Tribe's future GAP assistance
agreements, the Tribe shall seek the financial support to send tribal staff to LID trainings; and also to support
tribal staff salaries and benefits while researching, developing and drafting LID planning and policy
documents.
2.2 Air Quality
The Tribe is located in northeastern County, in the unincorporated community of Somename in the foothills of
the Mountain Range. Regional climate and topography play a large role in ambient air pollution
concentrations. The Reservation lies within the foothills of the central portion of the Valley. Airflow patterns
within the Valley can generally be characterized by one of four directional types; northwesterly up-valley
winds, marine winds from the Bay, down-valley and foothill drainage (down sloping) winds, and northerly
(non-marine) winds resulting from the exiting of a low pressure system. During the winter, down-sloping
winds from the Mountains predominate because of high-pressure systems to the east, and during the summer,
northwesterly winds predominate because of the entrance and exit of low-pressure systems. The Air Basin is
approximately 300 miles long and shaped like an oblong bowl, allowing air pollutants such as the ozone
precursors nitrogen oxides (NOx) and reactive organic gases (ROG) to be retained near the valley floor. On
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average, near the Valley floor there are 35-40 days each year that exceed the federal health-based standards for
ground-level ozone. The boundaries of the designated Air Basin encompass many counties and several
federally recognized Tribes. Non-Tribal lands located within the basin are under the jurisdiction of the Air
Pollution Control District, California Air Resource Board (CARB), and the EPA, while Tribal lands are only
subject to EPA jurisdiction.
Under the federal Clean Air Act (CAA, located at; http://www.epa.gov/air/caa/) six pollutants are designated as
Criteria Air Pollutants (CAPs): ozone, carbon monoxide (CO), NOx, PMio, and sulfur dioxides (SOx). The
California Clean Air Act includes the same six criteria pollutants under the CAA, plus the following four
pollutants: vinyl chloride, hydrogen sulfide, sulfates, and visibility reducing particles. The six criteria
pollutants and four California pollutants are designated attainment, nonattainment, or maintenance as defined
below:
Attainment - a criteria pollutant that has not violated standard set under the CAA
Nonattainment - either the Federal or California standard has been violated
Maintenance - the standard has been violated; however, the air basin now shows attainment and has
applied for maintenance status
Table 6 shows the ambient air attainment status applicable to the Reservation, located within the Air Basin.
Table 6
Federal and California Ambient Air Attainment Status
Pollutants
Designation/Classification
Federal California
Ozone 1-hour
No Federal Standard
Nonattainment/Severe
Ozone 8-hour
Nonattainment/Extreme
Nonattainment
PM10
Attainment
Nonattainment
PM2.5
Nonattainment
Nonattainment
Carbon Monoxide
Attainment/Unclassified
Attainment/Unclassified
Nitrogen Dioxide
Attainment/Unclassified
Attainment
Sulfur Dioxide
Attainment/Unclassified
Attainment
Lead
No Designation/Classification
Attainment
Hydrogen Sulfide
No Federal Standard
Unclassified
Sulfates
No Federal Standard
Attainment
Visibility Reducing Particles
No Federal Standard
Unclassified
Vinyl Chloride
No Federal Standard
Attainment
Source: Air Pollution Control District, 2013.
Ambient air quality data is collected through a network of air monitoring stations located throughout
the Air Basin. This data is used by the United States Environmental Protection Agency (USEPA) to
determine the ambient air attainment status of an air basin. Table 7 provides a three-year summary
listing the highest annual concentrations observed at the 1st Avenue monitoring station. This station
was selected because of its relative proximity to the Reservation.
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Table 7
Federal And State Air Monitoring Data
Pollutant
Stan Hard
9010
9011
9019
PM10 Federal 24-hour:
Highest
150 ug/m3
62.8
71.6
74.2
Days Exceeded
0
0
0
PM2.5 Federal24-hour:
Highest
35 ug/m3
75.2
76.4
80.8
Days Exceeded
20
38
24
Ozone State 1-hour:
Highest
0.09 ppm
0.133
0.133
0.124
Days Exceeded
3
2
0
Ozone Federal 8-hour:
Highest
0.07 ppm
0.105
0.103
0.108
Days Exceeded
4
15
20
PM10 24-hour State:
Highest
50 ug/m3
62.2
77.0
78.3
Days Exceeded
48
53
56
Source: California Air Resource Board, 2013.
Pollutants of concern are CAPs that have been identified in an air basin as being present in concentrations
above their corresponding ambient air quality standard. The pollutants of concern under the federal and
California CAA in the Air Basin are ozone, PM2.5, and PM10. Major sources of CAPs on the Tribe include
motor vehicle emissions from Tribal enterprises, wood-burning fireplaces, and pollutants transported from the
adjacent Valley.
Indoor Air Quality
The total quantity of air pollutants emitted indoors is less than that emitted by outdoor sources. However, once
emitted, indoor air pollutants are diluted much more slowly, due to the partial trapping effect of the building
shell. Additionally, indoor emissions occur in closer proximity to people; Californians, like others from
industrialized nations, spend most of their time indoors. California adults spend an average of 87 percent of
their time indoors, and children under 12 years of age spend about 86 percent of their time indoors. Most of the
time spent indoors is spent in the home; however, working adults spend about 25 percent of their time at other
indoor locations such as office buildings, stores, and restaurants, primarily for work, while children spend about
21 percent of their time in school on a school day. Because of these time budgets, the trapping effect of
buildings, and people's proximity to indoor emissions, there is a much higher likelihood that people will be
exposed to indoor pollutants than outdoor pollutants. Investigators have calculated that pollutants emitted
indoors are 1,000 times more likely to be inhaled than those emitted outdoors.
Chemicals found in indoor air pollution can cause a variety of impacts on human health, from irritant effects to
respiratory disease, cancer, and premature death. Indoor air pollutants can be elevated to levels that may result
in adverse health effects. The health impacts of greatest significance include asthma, cancer, premature death,
respiratory disease and symptoms, and irritant effects.
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Inadequate ventilation can increase indoor pollutant levels by not bringing in enough outdoor air to dilute
emissions from indoor sources and by not carrying indoor air pollutants out of the building. High temperature
and humidity levels can also increase concentrations of some pollutants. Ventilation is a standard engineering
approach to assuring good indoor air quality and comfort. Ventilation removes and dilutes indoor contaminants,
removes moisture from the air, which helps to prevent mold growth, and removes body effluents such
as carbon dioxide that lead to a stuffy environment. Natural ventilation, through open windows and doors, is
the primary ventilation route for residences, while mechanical ventilation, using heating, ventilation, and air
conditioning (HVAC) systems, is most common in commercial buildings. Adequate and effective ventilation,
and ducting of exhaust from combustion appliances, are necessary for acceptable indoor air quality, even when
known air contaminants are minimized.
Tribal Programs
Clean Air Act Section 103b
In 2014, the Tribe commenced development of an air quality program under CAA Section 103b funding for
Fiscal Year 2014-2015. The funds are being used to develop an air monitoring station on Tribal lands. The
first phase of monitoring will entail installation of equipment to measure PM2.5 and ozone 03. A second
phase would entail installation of equipment to measure PM10 and installation of a weather tower. T he
Tribe's QAPP for the ambient air quality monitoring station was approved on February, 6 2015.
Air Quality Priority: Establish the TRIBE's Air Quality Program (including Indoor
Air Quality.
The Tribe is committed to developing an Air Quality Program to monitor, manage, and protect air resources,
including indoor air, to the highest attainable quality of the Tribe's ability. Looking forward, the Tribe's goals
are to develop an Air Quality Program including air quality monitoring which would require the Tribe to:
1. Establish Core Administrative Capacities,
2. Establish Staff Technical Capabilities
3. Establish data monitoring capacity,
4. Expansion of water quality monitoring stations and frequency,
5. Increase of water quality monitoring staff,
6. Maintain and increase the efficiency of water quality monitoring data collection, and
7. Increase the capacity and efficiency of water quality data management.
Table 8
Air Quality Program Development Intermediate Goals and Milestones
Goal
Program Activity
Capacity
Indicators1
Completion
Date
Establish Core
Administrative
Capacities
Seek grant and tribal program funding to support
hiring staff with appropriate skills, knowledge and
experience to manage air quality.
B.2.2
2016
Develop a training plan for staff that reflects the
capacity-building priorities for the Air Quality
Program.
B.2.3
2016
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Goal
Program Activity
Capacity
Indicators1
Completion
Date
Establish Staff
Technical Capacities
Complete appropriate training and acquired baseline
knowledge and skills related to the CAA.
C.3.2
2017
Staff has completed appropriate indoor air quality
training and acquired skills related to indoor air
quality (e.g., Healthy Homes training).
C.3.2
2017
Develop Preliminary
Air Quality Inventories
Complete an emissions inventory and submit to the
National Emissions Inventory Database.
C.3.6
2018
Complete a report analyzing air quality and
radiation hazard issues impacting the Tribe
and evaluated air pollution control options.
C.3.9
2018
Complete an indoor air quality assessment and
report.
C.3.10
2018
Develop Air Quality
Monitoring Program
Develop an air monitoring strategy and associated
quality assurance project plan for ozone.
C.3.7
2019
Establish a program to collect and upload quality
assured ambient air monitoring data into the Air
Quality System (AQS) database
C.3.8
2020
Implement Indoor Air
Quality Improvement
Program
Prepare a report recommending actions to improve
indoor air quality and reduce levels for radon, mold,
moisture, and environmental pollutants
C.3.12
2019
Incorporate indoor air quality improvements or
features as part of building renovation programs
(e.g., weatherization and rehabilitation) and new
construction.
C.3.13
2020
Establish a radon program that tests residential and
other occupied structures for radon, identifies those
above the EPA action level, and conducts outreach
and education in the community
C.3.11
2019
'-Capacity indicators from Appendix I Guidebook for Building Tribal Environmental Program Capacity of the Guidance on the Award
and Management of General Assistance Agreements for Tribes and Intertribal Consortia (May 15,2013)
To realize these ambitions the Tribe shall need financial and technical assistance to meet program goals and
objectives. Technical assistance either from the EPA or other state and tribal governments shall be solicited for
continued professional development of tribal staff skills. Through the use of the Tribe's future EPA assistance
agreements and funding under the CAA, the Tribe shall seek the financial support to develop and implement a
Tribal Air Quality Program.
2.3 Climate Change
The Fourth Assessment Report, issued by the International Panel on Climate Change (IPCC) in 2001,
anticipates that the average global temperature between the years 2000 and 2100 could rise from 0.60 C (33.00
F) to 4.0° C (39.2° F) (IPCC, 2007). The extent to which human activities affect global climate change is a
subject of considerable scientific debate. While many in the scientific community contend that global climate
variation is a normal cyclical process that is not necessarily related to human activities, the IPCC report
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identifies anthropogenic greenhouse gases (GHGs) as a contributing factor to changes in the Earth's climate
(Michaels, 2004; IPCC, 2007).
Effects of Greenhouse Gases
The Earth's temperature is regulated by a process known as the "greenhouse effect." GHGs consist of
primarily water vapor (H2O), carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), which trap the
heat of the sun, preventing radiation from dissipating into space. Water vapor is the most abundant GHG and
CO2 is a distant second. Without the effect of these GHGs, which are both naturally occurring and
anthropogenic, the average temperature on the Earth would be approximately -18° C (-64.4° F), instead of the
current average of 15° C (59° F).
Results from IPCC models, have allowed inferences that anthropogenic CO2 in the lower atmosphere has
increased by approximately 31 percent since the year 1750. At the same time, average temperature in the lower
atmosphere has increased approximately 0.60 C (33.0 °F) to 0.8° C (33.4°F). Due to the challenges inherent in
modeling the complexities of the Earth's climate, the proportional importance of anthropogenic activities as
opposed to natural feedback systems is exceptionally difficult to establish. Nonetheless, the IPCC concludes
that "most of the observed increase in globally-averaged temperatures since the mid-20th century is very likely
due to the observed increase in anthropogenic GHG concentrations." As noted above, this EIS assumes that an
increase in anthropogenic GHG concentration is in fact contributing to global warming.
IPCC theorizes that a continuation of this warming trend could have profound implications, which may include:
flooding, erratic weather patterns, increased sea levels, and reduced arctic ice. The IPCC projects a number of
future GHG emissions scenarios leading to a varying severity of impacts on the environment and the global
economy. According to the 2007 IPCC report, if anthropogenic GHG continue to increase in the atmosphere
there will be a point at which the above impacts would become irreversible, this point is commonly referred to
as the "tipping point." Although the 2007 IPCC Report states the tipping point may be as far off as 20 years,
some experts contend the tipping point has already been reached.
Table 9 illustrates the State contribution to the global increase in GHG emissions. As shown, without
modifications in human activities or the introduction of new technologies, GHG emissions are anticipated to
increase.
Table 9
Global greenhouse gas emissions
Regions
Estimated GHG Emissions
Million metric tons per year of C02e1
Global Emissions
California Emissions
Global Emissions
California Emissions
1990
626,395
427
2020
882,246
600
'Carbon Dioxide Equivalent (see above) Source: CARB, 2007
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Tribal Programs
Impacts associated with Climate Change that would affect the Tribe include severe drought, loss of forest
canopy, and increase in severe weather. Currently, the Tribe is developing a Tribal Hazard Mitigation Plan
(THMP) to address the Tribe's response to such events. All Tribal agencies have a vested role in addressing
these hazards, including the Environmental Planning Department and assisted in the development of the
THMP.
Climate Change Priority: Climate Change Adaptation and Mitigation Strategies
Track climate change adaptation and mitigation assessments and strategies for Native American Tribes,
develop tribal specific climate change adaptation and mitigation strategies and recommendations, and provide
feedback to the Tribal Council. The long term advance of a climate change adaptation strategy shall include
the following:
1. Build tribal capacity to appropriately address climate change issues for the Tribe.
2. Staff attendance at climate change adaptation and mitigation meetings
3. Development of tribal specific Climate Change adaptation and mitigation strategies and
recommendations.
4. Implementation of recommendations and strategies.
5. Development of the Tribe's Water Efficiency Policies and Programs
6. Development of research reports and publications.
Table 10
Climate Change Adaptation Intermediate Goals and Milestones
Goal
Program Activity
Capacity
Indicators1
Completion
Date
Build Tribal Capacity to
Appropriately Address
Climate Change
Seek funding to support staff time and travel.
C.3.15
2017
Attend Climate Change
Adaptation and Mitigation
Meetings.
Attend meetings, take notes and compile
outcomes for review.
C.3.15
2017
Develop Tribal Specific
Climate Change
Adaptation and Mitigation
Conduct Climate Change Vulnerability/Risk
Assessment
C.3.14
2017
Strategies and
Recommendations.
Draft the Tribe's Climate Change Strategic Plan.
C.3.15
2018
Implementation of
recommendations and
strategies.
Present recommendations and strategies from
the Tribal Climate Change Strategic Plan to
the Tribal Council for adoption.
C.13.15
2019
Development of Tribal
Water Efficiency Policies
and Programs
Develop tiered policies for water preservation
and efficient uses. Policies should range from
voluntary to mandatory based on the extent of
a current drought and availability from Tribal
water sources
D.3.7
2016
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Goal
Program Activity
Capacity
Indicators1
Completion
Date
Climate Change Strategic
Plan Community
Outreach
Develop and implement community outreach
materials and strategies for a centralized
database or webpage for public review.
C.3.15
2020
'-Capacity indicators from Appendix I Guidebook for Building Tribal Environmental Program Capacity of the Guidance on the Award
and Management of General Assistance Agreements for Tribes and Intertribal Consortia (May 15,2013)
The Tribe shall seek the assistance of other tribes and state and federal agencies in building the knowledge and
capacity to address climate change risks. The Tribe also looks forward to continued EPA funding to support
climate change adaptation tool development. Tribal challenges to realize these climate change priorities lie in
the need for additional staff, staff training, and opportunities to meet and collaborate with other tribal and
government agencies developing similar mitigation strategies.
2.4 Sources of Assistance & Funding Opportunities
The Tribe anticipates that the majority funding of the Tribe's priorities listed within this document can be met
utilizing EPA, GAP funding. For additional funding tribal staff shall prepare and submit grants from state,
federal, and local granting agencies for program implementation. The Tribe may also use general funds to
achieve certain priorities as well.
Technical assistance for priority implementation shall be sought through the Tribe's existing relationships with
other tribes, state and federal agencies. Where appropriate and available the Tribe may utilize EPA GAP
funding to train staff in technical knowledge and skills to implement program priorities as well. Third party
contractors will be hired for technical support and implementation when it is cost effective and benefits tribal
programs.
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SECTION 3.0
EPA Program Priorities
As the EPA Indian Policy underscores, until tribal governments assume responsibility for managing
programs authorized, approved, or delegated by the Agency, EPA retains responsibility for human health
and environmental protection by managing federal statutory environmental programs. This section
presents Federal environmental programs the Tribe is implementing with TAS status; federal
environmental programs the Tribe is not planning to develop and therefore fall under the EPA; and
programs that arc not relevant currently because there are no applicable regulated entities within or
adjacent to Tribal lands.
3.1 Clean Water Act Section 106 and Treatment as a State
In November 2003 the EPA approved the Tribe's original Quality Assurance Project Plan (QAPP) to
initiate a Water Quality Monitoring Program (WQMP). The QAPP details operational provisions
involved in performing surface water and groundwater sampling on the Reservation's property, which
includes Tribal Trust land, Tribal Fee land. Trust Allotment land and Individual Fee land for a total of
222 acres. Since the development of the 2003 QAPP. the Tribe purchased additional lands with varying
portions having been conveyed in trust to the BIA and a larger wastewater treatment plant (WWTP) has
been constructed and a corresponding National Pollutant Discharge Elimination System (N.PDES) permit
(Permit No.CA008000) for the discharge of tertian- treated recycled -water has been issued to the Tribe.
Accordingly, the QAPP was updated to address the increase in land holdings and changes to the Tribe's
operations and was approved by EPA in 2013. As stated in the QAPP, the problem is not that there exists
contamination and a need for remediation, but that a water quality monitoring program should be
implemented to ensure water quality in the future. As addressed in the September 2001 'Tribal
Environmental Plan" publication, there is currently "no clear oversight by management of water quality
monitoring and record keeping ensuring accuracy, reliability, and consistency."
3.2 Clean Water Act Section 319 Non-Point Source Pollution
Under the Section 319 of the CEA, EPA requires an approved Nonpoint Source Assessment Report and a
NPS Management Program as a precursor to applying for Clean Water Act, Section 319(h) Grant funds.
Clean Water Act Section 319(h) funds are provided only to designated tribal agencies to implement their
approved nonpoint source management programs. Through this grant program, tribal nonpoint source
programs include a variety of components, technical assistance, financial assistance, education, training,
technology transfer, demonstration projects, and regulatory programs. The Tribe prepared a Nonpoint
Source Assessment Report and Nonpoint Source Management Program and submitted this document to
the EPA in November of 2002. EPA approved both the Assessment Report and Management Plan in
December of 2002. Since that time, the Tribe has used grant funding to implement the management plan
to understand the relationship between land uses on the Reservation and water quality.
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3.0 EPA Program Priorities
3.3 Clean Air Act Section 103
The EPA authority for awarding these grants is Section 103 of the Clean Air Act, 42 USC §7403. All
funded activities must be related to air pollution and/or air pollution control. In addition, the goal of these
grants is to assist tribes in developing the capacity to manage their air quality programs in accordance
with their individual needs. Grants awarded under these programs are governed by administrative
requirements under 40 ( FR Part 31. There is no matching requirement for Section 103 grants.
EPA Region 9 anticipates awarding approximately 30 grants to federally-recognized tribes within the
Region 9 geographic area for funding tribal air pollution control programs, air quality education and
assessment projects, and the development of tribal air program capacity. It is expected that the awards
will range from $50,000 to $120,000. Projects will be funded for work to be done in Fiscal Year 2016
(FY 16), between October 1, 2015, and September 30, 2016. The Tribe recently started a program funded
under the Clean Air Act to monitor PM2.5, PM10, 03, and the associated QAPP was approved in April
2015.
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SECTION 4.0
Inventories of Regulated Entities
Iii general, the presence of regulated entities determines which federal environmental statutes are
applicable. The Agency maintains many program-specific databases of regulated entities and data query
tools to help identify regulated entities that may affect tribal interests, including the Facility Registry
System (FRS) - a centrally managed database that identifies facilities, sites, or places subject to
environmental regulations or of environmental interest.
4.1 Regulated Entities:
«Per March 11, 2015 communication with Willard Chin of the EPA, the EPA is drafting Regulated
Facilities document»
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