Indicators from 2022 GAP Guidance


Indicators from 2022 GAP Guidance

Contents

Indicators from 2022 GAP Guidance	1

Contents	1

Introduction	2

Frequently Asked Questions Related to GAP Capacity Indicators	3

2022 GAP Capacity Indicators	4

Indicators Cutting Across Statutes and Media Areas	4

Clean Water Act	7

Safe Water Drinking Act	8

Clean Air Act	9

Resource Conservation and Recovery Act	11

Solid Waste Act	12

Comprehensive Environmental Response, Compensation, and Liability Act	13

Toxic Substances Control Act	14

Federal Insecticide, Fungicide, and Rodenticide Act	15

Pollution Prevention Act	16

GAP Capacity Indicators Crosswalk: 2013 to 2022	17

Familiar Capacity Indicators	17

ALL NEW Capacity Indicators	17

Dropped Capacity Indicators	22

1

-------
Introduction

This document contains the list of indicators that will be utilized in ETEPs beginning in FY23 (hereafter referred to
as the "2022 GAP Capacity Indicators"). These indicators will used by OITA/AIEO to measure the GAP program's
progress in supporting Tribes to develop environmental program capacity. AIEO developed these indicators
through both: 1) a review of materials including the Federal Registry, the 2013 GAP capacity indicators, and
additional program-specific documents; and 2) collaboration with EPA program and regional office staff.

This document is structured to present the 2022 GAP Capacity Indicators and provide supplemental information
about their development and utilization. This document also highlights changes from the 2013 GAP capacity
indicators. The remaining sections are structured as follows:

• Frequently Asked Questions Related to GAP Capacity Indicators - Provides information regarding the
development of the 2022 GAP Capacity indicators, along with details about how AIEO will use the information
that it collects through tracking these indicators. It also provides details on how the 2013 GAP capacity
indicators will be used moving forward.

• 2022 GAP Capacity Indicators - Provides the full and current list of indicators, split into individual tables
across ten media areas (e.g., Clean Air, Clean Water, etc.).

• GAP Capacity Indicators Crosswalk: 2013 to 2022 - Provides three separate tables, showing:

o Indicators that have been retained from the 2013 Gap Guidance1,
o Indicators that are new from the 2013 Gap Guidance, and,

o Indicators included in the 2013 GAP Guidance that are no longer included in the 2022 GAP Capacity
indicators.

1 In some cases, there have been slight changes to the exact wording of the indicators.

-------
Frequently Asked Questions Related to GAP Capacity Indicators

What are GAP capacity indicators?

AIEO developed a performance management framework, comprised of capacity indicators and EPA Tribal
Environmental Plans (ETEPs), to improve the office's management and oversight of the Indian Environmental
General Assistance Program (GAP). This framework also satisfies the OIG (Office of Inspector General)
recommendation that AIEO "develop and implement an overall framework for achieving capacity, including valid
performance measures for each type of Tribal entity".

The purpose of capacity indicators is to measure Tribal environmental capacity to administer environmental
programs built with GAP funding. Importantly, capacity indicators are representative of significant program
development milestones and are not the same as GAP allowable activities (i.e., there are many allowable activities
that are very important, but not key milestones, and thus there are no corresponding indicators for it). For
example, Tribes can accompany EPA on inspections (a GAP allowable activity), but a key milestone of a Tribe's
program development may be the Tribe's establishment of certified inspectors (a capacity indicator). Where
possible, capacity indicators do not focus on activities such as attending a training, obtaining technical assistance,
purchasing equipment, etc., but rather they focus on outcomes.

What will happen to the 2013 list of capacity indicators?

Historically, the 2013 GAP Guidance capacity indicators were useful to Tribes as a roadmap in developing new
initiatives with GAP funding. The 2013 indicators are being repurposed into a new technical assistance/guidance
document, a sample of which is included in consultation materials. This technical assistance document includes the
level of work, types of training required, or total number of steps that one indicator can have (i.e., steps to fully
accomplish the capacity building milestone in the indicator).

Will there be future opportunities to make revisions to the indicators list?

AIEO anticipates an evolving list of indicators over time. During consultation, AIEO can continue to receive
feedback to refine indicators and add to the technical assistance/guidance document. AIEO will also develop a
process for Tribes to create their own capacity indicators.

Where should indicators be identified?

Indicators should be identified in EPA-Tribal Environmental Plans (ETEPs) for activities that will be funded by GAP.
Tribes are not required to tie workplan commitments to indicators, though workplan commitments should tie to
an ETEP priority. As intertribal consortium aren't currently required to develop ETEPs, AIEO is in the process of
developing a consistent process for intertribal consortium to provide critical performance management
information, such as capacity indicators, to EPA.

When will the new list of capacity indicators be required to be used?

The new list of capacity indicators will be published at the beginning of Fiscal Year 2023. However, use of indicators
from the new list will only be required when a Tribe's ETEP comes up for renewal. As ETEPs are generally renewed
once every five years, this means that there will be a transition period of about 5 years before all Tribes' ETEPs are
updated with indicators from the new list of indicators. AIEO is planning trainings to support POs and Tribes in
using the new indicators.

How will AIEO use capacity indicators?

AIEO will use identified indicators, including indicators developed by Tribes,2 to convey a Tribe's environmental
program development and progress toward meeting priorities identified in the Tribe's ETEP. AIEO will develop a
nationally consistent process for approving tribally developed indicators and will add those approved to the list of
current indicators available at (https://www.epa.gov/tribal/indian-environmental-general-assistance-program-
gae).

2 While initial indicators are developed by EPA, Tribes may continue to recommend additional indicators for EPA approval.

-------
2022 GAP Capacity Indicators

The following tables show the revised list of indicators that will be utilized in ETEPs starting in FY23, split out by
media area. This indicator list will replace the current list of indicators which can be found in the 2013 GAP
Guidance. The media areas are as follows:

•	Core Capacity Indicators

•	Clean Water Act (CWA)

•	Safe Drinking Water Act (SDWA)

•	Clean Air Act (CAA)

•	Resource Conservation and Recovery Act (RCRA)

•	Solid Waste (SW)

•	Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

•	Toxic Substances Control Act (TSCA)

•	Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)

•	Pollution Prevention Act (PPA)

Some global indicators (mainly Cross-Cutting Capacity indicators) will apply to several media-specific areas. This list
of indicators remains subject to change, and therefore this list should not be considered final. For more
information on capacity indicators, including how they are intended to be used and what the review process
entailed, please review the GAP Capacity Indicators FAQ.

Indicators Cutting Across Statutes and Media Areas

Tribal staff are obtaining program-specific certification:

-Drinking water operator certification (SDWA)

-Wastewater operator certification (SDWA)

-HAZWOPER certification (RCRA)

-Federal Certification of Applicators of Restricted Use Pesticides within Indian Country, Under EPA's Plan
(FIFRA)

-Lead-based paint hazard evaluations/Lead Abatement Program (TSCA)

Incident Command System (EPCRA)

Tribal staff are obtaining program-specific inspector credentials:

-NPDES inspector (CWA)

-Drinking water inspector (Public Water System) (SDWA)

-Wastewater inspector (SDWA)

-Underground Injection Control (UIC) inspector (SDWA)

-UST/AST inspector (RCRA)

-Air pollution Control inspector (CAA)

- SPCC inspector (CERCLA)

Tribe is developing policies and procedures to coordinate Tribal environmental protection programs with
other Tribal government initiatives (e.g., transportation, housing, infrastructure, economic development, and
natural resource management).

Tribe is establishing written public participation procedures to ensure meaningful involvement and fair
treatment in public participation.

4

-------
Cross-Cutting Indicators

Tribe is compiling a written inventory of administrative and technical procedures, policies, regulations, and/or
other guidelines developed to implement the environmental program.

Tribe is establishing written policies and procedures for protecting sensitive Tribal environmental and human

health data (e.g., traditional ecological knowledge and cultural resources).

Tribe is developing environmental mapping (Geographic Information System) capabilities.

Tribe is establishing a program to identify and address, as appropriate, disproportionately high and adverse
human health or environmental effects of Tribal programs, policies, and activities on minority populations
and low-income populations within the Tribe's area of program responsibility.

Tribe has specific methods that can be used to identify public concerns and respond to issues raised.

Tribe has specific methods in place to conduct general public education, awareness, community
engagement, and information exchange on issues related to human health and the environment.

Tribe is preparing an emergency response plan for the provision of resources and/or hazard removal under
emergency circumstances including, but not limited to, earthquakes, floods, hurricanes, and other natural
disasters.

-CM

-	CWA

-	CERCLA/128a

-	FIFRA

-	TSCA

-	RCRA

-	SDWA

Tribe is establishing a cooperative agreement to conduct monitoring/inspections.

-CAA
-CWA

- CERCLA/128a

-FIFRA

-TSCA

-RCRA

-SDWA

Tribe is establishing an intergovernmental agreement (MOU/MOA).

-CAA
-CWA

-	CERCLA/128a
-FIFRA
-TSCA
-RCRA
-SDWA

Tribe is developing their community outreach process, procedures, and/or plan.

-CAA
-CWA

-	CERCLA/128a

5

-------
-	FIFRA

-	TSCA

-	PPA

-	RCRA

-	SDWA

Tribe is developing an EPA-approved quality assurance project plan.

-CAA

-	CWA
-SDWA

Tribe is conducting a Test Drive.

-	CAA (delegable)

-	CWA (delegable)

-	CERCLA (cooperative agreement with EPA)

-FIFRA (cooperative agreement with EPA)

-SDWA (delegable)

-TSCA (delegable)

-	Tribal Laws + Ordinances

6

-------
Clean Water Act

Clean Water Act (CWA) Indicators

Tribe is developing water quality standards for adoption under Tribal law and/or the Clean Water Act.

Tribe is preparing to submit TAS request to Regional Administrator for authorization to administer a water
quality standards program.

Tribe is seeking authorization to administer the NPDES program from the Regional Administrator.

Tribe is establishing intergovernmental partnerships with federal, state, local, and Tribal governments to

address clean water issues (e.g., memoranda of understanding, interagency agreements).

Tribe is completing inventory of its water resources and associated environmental and human health issues.

Tribe is developing the funding structure and legal framework (e.g., laws, codes, and/or regulations with
effective enforcement provisions that are at least as stringent as the CWA) to implement a permit program.

Tribe is developing a water quality monitoring program (i.e. submitting data to WQX).

Tribe is developing an above-ground tank program.

7

-------
Safe Water Drinking Act

Safe Drinking Water Act (SDWA) Indicators

Tribe is conducting a source water assessment consistent with SDWA Section 1453.

Tribe is developing drinking water regulations which are no less stringent than the national primary drinking
water regulations (NPDWRs) in effect under part 141.

Tribe maintains an inventory of public water systems.

Tribe is pursuing statutory or regulatory enforcement authority adequate to compel compliance with the
Tribe's primary drinking water regulations.

Tribe is creating a systematic program for conducting sanitary surveys of public water systems, with priority
given to systems not in compliance with applicable primary drinking water regulations.

Tribe has primacy [TAS] for implementing the Public Water Supervision System (PWSS) program (SDWA
Section 1451).

Tribe is creating or maintains record keeping and reporting of its activities under
paragraphs (a), (b) and (d) in compliance with §§ 142.14 and 142.15

Tribe is preparing a plan for the provision of safe drinking water under emergency circumstances including,
but not limited to, earthquakes, floods, hurricanes, and other natural disasters.

Tribe is developing authority for assessing administrative penalties unless the constitution of the Tribe
prohibits the adoption of such authority. [3]

Tribe is preparing a request to the Regional Administrator for a determination of "eligibility to administer an
effective Underground Injection Control program." [WG-7]

Tribe is receiving funding under the SDWA EPA Grant Awards Database.

8

-------
Clean Air Act

Tribe is establishing intergovernmental partnerships with federal, state, local, and Tribal governments to
address air quality issues.

Tribe is receiving funding (i.e. 105 funding) for planning, developing, establishing, improving, and
maintaining adequate Air Pollution Control Support programs.

Tribe is establishing an air quality monitoring program (i.e. submitting data to AQS or doing regulatory
monitoring).

Tribe is establishing a program to assist EPA with implementing the federal CAA program (e.g., assisting the
Agency to develop/update an inventory of regulated entities, compliance assistance activities for regulated
entities, obtaining federal inspection credentials to inspect regulated entities, and assisting EPA to draft
permits for regulated entities).

Tribe is developing/preparing to enact ambient air quality laws, codes, and/or regulations with effective
compliance assurance and enforcement provisions that are at least as stringent as the federal statutes.

Tribe is pursuing TAS program delegation under the CAA.

- Tribal Implementation Plan (TIP)

- New Source Performance Standards (NSPS)

- National Emissions Standards for Hazardous Air Pollutants (NESHAP)

- Title V Operating Permit Program

- Permit Action Notification and Petition

Tribe is establishing a comprehensive air quality permitting system that meets the minimum elements
required by 40 CFR Part 70.

Tribe is preparing a plan for control of designated facilities and pollutants.

Tribe is preparing a plan for hazardous air pollutants for source categories.

Tribe is developing a program for administering the noncompliance penalty program under section 120 of
the Clean Air Act.

Tribe is developing a program to provide compliance assurance (including inspections).

Tribe is preparing a plan providing for attainment and maintenance of national standards and a control
strategy that meets requirements laid out in 40 CFR Part 51.

Tribe is developing an air monitoring strategy.

Tribe is developing a report analyzing air quality issues impacting the Tribe and evaluated air pollution
control options (identifies air pollution sources and known levels of emissions, defines potential human
health and environmental impacts of current air quality, and provides recommendations for action).

Tribe is receiving funding under the CAA or other related EPA media specific program.

Tribe is developing air quality codes, such as laws that address air quality concerns that do not have
standards/rules/provisions in the CAA including addressing odors, speed limits to minimize road dust/fugitive
emissions, limiting activities or emissions at industrial sources during wildfire events/air pollution episodes,
prohibiting smoking in facilities (IAQ) and code related to agricultural activities.

-------
Tribe is adopting EPA's recommended standards and techniques for controlling radon levels within buildings.

Tribes is establishing a radon program.

Tribe is developing a climate change preparedness/adaptation program (e.g., zoning rules and regulations;
tax incentives; building codes/design standards; utility rates/fee setting; public safety rules and regulations;
outreach and education; emergency management powers).

Tribe is enacting green building codes, guidelines and/or protocols that promote healthier indoor air quality
and apply these practices to new and retrofitted buildings.

Tribe is enacting indoor air quality laws, codes, and/or regulations with effective compliance assurance and
enforcement provisions.

Tribe is inventorying emissions sources to report to EPA.

10

-------
Resource Conservation and Recovery Act

Resource Conservation and Recovery Act (RCRA) Indicators

Tribe is developing waste management laws, codes, and/or regulations with effective compliance assurance
and enforcement mechanisms.

Tribe is developing solid waste infrastructure.

-	NEPA training

-	Prepared NEPA documents for solid waste facility

-	Prepared NEPA documents for transfer station

-	Prepared NEPA documents for recycling center

-	Design/development of facilities

-	Construction of facilities

Tribe is preparing a Tribally approved Integrated Waste Management Plan (IWMP). Tribe can point to
existence of signed document verifying plan.

Tribe is developing a program to provide waste minimization, recycling, household hazardous waste
collection, used oil collection, junk vehicle removal, bulk waste/appliance/electronic waste collection, and/or
composting.

Tribe is conducting a waste assessment (e.g., a waste stream characterization study of the solid and
hazardous waste generated by the residential and/or commercial generators in the community).

Tribe is developing a compliance monitoring and enforcement strategy for the Tribe's solid waste
management laws, codes, and/or regulations.

Tribe is using funding to support UST Program activities.

Tribe is developing UST Program Tribal laws, codes, or regulations.

Tribe is conducting UST compliance assistance activities.

Tribe is using credentialed inspectors to inspect UST facilities.

11

-------
Solid Waste

Tribal staff are conducting cleanup and closure activities, which include documentation on the amount of
waste removed/recycled, the types of wastes removed, and the disposition of the waste (see 40 C.F.R. Part
257).

12

-------
Comprehensive Environmental Response, Compensation, and Liability Act

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Indicators

Tribe is completing a site inventory of properties of environmental concern and identified potential EPA
program(s) associated with the sites.

Tribe is establishing an EPCRA compliant Tribal emergency planning organization (TERC, LEPC members, or
SERC coordination).

Tribe is creating a Tribal Development Plan that outlines future development on contaminated Brownfields
properties after site assessment and remediation.

Tribe is conducting, alone or in collaboration with other governmental entities, annual HAZMAT or oil spill
incident exercises (tabletop, functional or full-scale).

Tribe is enacting laws, codes, and/or regulations establishing oversight and enforcement authority to address
contaminated sites, including emergency response authority.

Tribe is pursuing cooperative agreement and financial assistance under CERCLA.

Tribe is establishing a 128(a) Brownfields program.

Tribe is performing CERCLA cleanup actions pursuant to a Section 104(d) cooperative agreement with EPA.

Tribe is developing a plan to conduct CERCLA cleanup activities, including site assessments, sampling,
remedial or removal actions, PRP oversight, or remedy operation and maintenance.

13

-------
Toxic Substances Control Act

Toxic Substances Control Act (TSCA) Indicators

Tribe is establishing an agreement with EPA to establish an authorized Renovation, Repair and Painting
Program.

Tribe is entering into an agreement with EPA to establish an authorized Lead-Based Paint Programs (402a
and 406b).

Tribe (or certified lead-safe professional) completes inventory of all older structures (e.g., pre-1978 housing
and child-occupied buildings) for Lead Based Paint program.

Tribe is completing an inventory of asbestos (in accordance with the AHERA) and toxics in K-12 schools.

14

-------
Federal Insecticide, Fungicide, and Rodenticide Act

Federal Insecticide, Fungicide, and Rodenticide Act Indicators

Tribe is establishing Tribal pesticide ordinances and codes.

Tribe enters into a FIFRA cooperative agreement (including a circuit rider program) to support pesticide
activities for pesticide program development and implementation, including education, outreach, training,
technical assistance and evaluation activities.

Tribe is establishing a FIFRA cooperative agreement (including a circuit rider program) to support pesticide
compliance and enforcement activities.

Tribes is developing procedures for Worker Protection Standards.

Tribe is developing an Integrated Pest Management Program.

Tribe is conducting an inventory of pesticides or conducts an assessment of current use of pesticides within
Indian country, including K-12 schools.

15

-------
Pollution Prevention Act

Tribe is conducting an assessment (e.g., an Economy, Energy and Environment Assessment or other similar
assessment) to evaluate pollution prevention opportunities, through the establishment of baselines, for individual
businesses (e.g., casinos, hotels, manufacturing facilities).

Tribe is developing a Pollution Prevention Program.

16

-------
GAP Capacity Indicators Crosswalk: 2013 to 2022

Familiar Capacity Indicators

The 2022 GAP Capacity Indicators here are classified as "familiar" because they have minor or no change from the
2013 version the indicator (i.e., the capacity indicators should be familiar for users of the 2013 GAP Guidance).
While the capacity indicator phrasing may have changed, the purpose of the indicator and its general sentiment
remains the same.

Where the 2022 GAP Capacity Indicator framing and phrasing are substantively different from the 2013 version,
we have identified that there is not enough similar content between the 2013 version and the 2022 version to
classify them as "familiar". These substantively different indicators (and in some cases completely novel indicators)
are listed as "all new". It is important to note that while the exact indicator phrasing is dropped, the general intent
has been absorbed into one or more 2022 GAP Capacity Indicators.

Note: in some cases, the familiar indicators for 2022 are a 1:X (one-to-many) match with the 2013 indicator. This is
because the 2022 GAP Guidance indicators represent milestone actions for Tribes. Please review the GAP Guidance
Frequently Asked Questions section above for more information about this decision-making process.

Cross-Cutting Indicators

Tribal staff are obtaining program-specific inspector credentials:

-NPDES inspector (CWA)

-Drinking water inspector (Public Water System) (SDWA)

-Wastewater inspector (SDWA)

-Underground Injection Control (UIC) inspector (SDWA)

-UST/AST inspector (RCRA)

-Air pollution Control inspector (CAA)

-	SPCC inspector (CERCLA)

Tribal staff are obtaining program-specific certification.

-	Drinking water operator certification (SDWA)

-	Wastewater operator certification (SDWA)

-	UST inspector certification (RCRA)

-	Pesticides applicator (FIFRA)

-	Lead-based paint hazard evaluations/Lead Abatement Program (TSCA)

-	Air pollution Control Support Systems/105 (CAA)

-103 Training (CAA)

-	HAZWOPER certification (RCRA)

-	Brownfields/UST (CERCLA) [e.g., HAZWOPER/lncident Command System (ICS)]

-	SPCC inspector certification

Tribe is developing policies and procedures to coordinate Tribal environmental protection programs with
other Tribal government initiatives (e.g., transportation, housing, infrastructure, economic development, and
natural resource management).

Tribe is establishing written public participation procedures to ensure meaningful involvement and fair
treatment in public participation.

Tribe is establishing written policies and procedures for protecting sensitive Tribal environmental and human
health data (e.g., traditional ecological knowledge and cultural resources).

17

-------
Tribe is developing environmental mapping (Geographic Information System) capabilities.

Tribe is establishing a program to identify and address, as appropriate, disproportionately high and adverse
human health or environmental effects of Tribal programs, policies, and activities on minority populations
and low-income populations within the Tribe's area of program responsibility.

Tribe has specific methods that can be used to identify public concerns and respond to issues raised.

Tribe has specific methods in place to conduct general public education, awareness, community
engagement, and information exchange on issues related to human health and the environment.

Tribe is establishing an intergovernmental agreement (MOU/MOA).

-CM

-	CWA

-	CERCLA/128a

-	FIFRA/TSCA

-	RCRA

-	SDWA

Tribe is developing a community outreach process, procedures, and/or plan.

-CAA

-CWA

-	CERCLA/128a

-	FIFRA/TSCA

-	P2
-RCRA
-SDWA

Tribe is establishing a cooperative agreement to conduct monitoring/inspections.

-CAA
-CWA

-	CERCLA/128a

-	FIFRA/TSCA
-RCRA
-SDWA

Tribe is developing an EPA-approved quality assurance project plan.

-CAA

-CWA

-SDWA

Tribe is conducting a Test Drive.

-	CAA (delegable)

-	CWA (delegable)

-	CERCLA (cooperative agreement with EPA)

-FIFRA (cooperative agreement with EPA)

-SDWA (delegable)

-TSCA (delegable)

-	Tribal Laws + Ordinances

18

-------
Tribe is developing water quality standards for adoption under Tribal law and/or the Clean Water Act.

Tribe is preparing to submit TAS request to Regional Administrator for authorization to administer a water
quality standards program.

Tribe is seeking authorization to administer the NPDES program from the Regional Administrator.

Tribe is completing inventory of its water resources and associated environmental and human health issues.

Tribe is developing the funding structure and legal framework (e.g., laws, codes, and/or regulations with
effective enforcement provisions that are at least as stringent as the CWA) to implement a permit program.

Tribe is developing a water quality monitoring program (i.e., submitting data to WQX).

Safe Drinking Water Act (SDWA) Indicators

Tribe has primacy [TAS] for implementing the Public Water Supervision System (PWSS) program (SDWA
Section 1451).

Tribe is receiving funding under the SDWA EPA Grant Awards Database.

Tribe is conducting a source water assessment consistent with SDWA Section 1453.

Tribe maintains an inventory of public water systems.

Tribe is pursuing statutory or regulatory enforcement authority adequate to compel compliance with the
Tribe's primary drinking water regulations.

Tribe is preparing a request to the Regional Administrator for a determination of "eligibility to administer an
effective Underground Injection Control program."

Tribe is preparing a plan for the provision of safe drinking water under emergency circumstances including,
but not limited to, earthquakes, floods, hurricanes, and other natural disasters.

Clean Air Act (CAA) Indicators

Tribe is receiving funding (i.e., 105 funding) for planning, developing, establishing, improving, and
maintaining adequate Air Pollution Control Support programs.

Tribe is establishing an air quality monitoring program (i.e., submitting data to AQS or doing regulatory
monitoring).

Tribe is establishing a comprehensive air quality permitting system that meets the minimum elements
required by 40 CFR Part 70.

Tribe is developing a program to provide compliance assurance (including inspections).
Tribe is developing an air monitoring strategy.

-------
Tribe is developing a report analyzing air quality issues impacting the Tribe and evaluated air pollution
control options (identifies air pollution sources and known levels of emissions, defines potential human
health and environmental impacts of current air quality, and provides recommendations for action).

Tribe is receiving funding under the CM or other related EPA media specific program.

Tribe is adopting EPA's recommended standards and techniques for controlling radon levels within buildings.

Tribe is establishing a radon program.

Tribe is developing a climate change preparedness/adaptation program (e.g., zoning rules and regulations;
tax incentives; building codes/design standards; utility rates/fee setting; public safety rules and regulations;
outreach and education; emergency management powers).

Tribe is enacting green building codes, guidelines and/or protocols that promote healthier indoor air quality
and apply these practices to new and retrofitted buildings.

Tribe is enacting indoor air quality laws, codes, and/or regulations with effective compliance assurance and
enforcement provisions.

Tribe is inventorying emissions sources to report to EPA.

Tribe is pursuing TAS program delegation under the CAA.

- Tribal Implementation Plan (TIP)

- New Source Performance Standards (NSPS)

- National Emissions Standards for Hazardous Air Pollutants (NESHAP)

- Title V Operating Permit Program

- Permit Action Notification and Petition

Resource Conservation and Recovery Act (RCRA) Indicators

Tribe is preparing a Tribally approved Integrated Waste Management Plan (IWMP). Tribe can point to
existence of signed document verifying plan.

Tribe is developing a program to provide waste minimization, recycling, household hazardous waste
collection, used oil collection, junk vehicle removal, bulk waste/appliance/electronic waste collection, and/or
composting.

Tribe is conducting a waste assessment (e.g., a waste stream characterization study of the solid and
hazardous waste generated by the residential and/or commercial generators in the community).

Tribe is developing a compliance monitoring and enforcement strategy for the Tribe's solid waste
management laws, codes, and/or regulations.

Tribe is conducting UST compliance assistance activities.

Tribe is using funding to support UST Program activities.

Tribe is developing waste management laws, codes, and/or regulations with effective compliance assurance
and enforcement mechanisms.

-------
There are no Solid Waste Indicators from the 2013 guidance.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Indicators

Tribe is completing a site inventory of properties of environmental concern and identified potential EPA
program(s) associated with the sites.

Tribe is establishing an EPCRA compliant Tribal emergency planning organization (TERC, LEPC members, or
SERC coordination).

Tribe is conducting, alone or in collaboration with other governmental entities, annual HAZMAT or oil spill
incident exercises (tabletop, functional or full-scale).

Tribe is enacting laws, codes, and/or regulations establishing oversight and enforcement authority to address
contaminated sites, including emergency response authority.

Tribe is pursuing cooperative agreement and financial assistance under CERCLA.

Toxic Substances Control Act (TSCA) Indicators

Tribe is establishing an agreement with EPA to establish an authorized Renovation, Repair and Painting
Program.

Tribe is entering into an agreement with EPA to establish an authorized Lead-Based Paint Programs (402a
and 406b).

Tribe (or certified lead-safe professional) completes inventory of all older structures (e.g., pre-1978 housing
and child-occupied buildings) for Lead Based Paint program.

Tribe is completing an inventory of asbestos (in accordance with the AHERA) and toxics in K-12 schools.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Indicators

Tribe is conducting an inventory of pesticides or conducts an assessment of current use of pesticides within
Indian country, including K-12 schools.

Tribe is developing an Integrated Pest Management Program.

Pollution Prevention Act (PPA) Indicators

Tribe is developing a Pollution Prevention Program.

-------
ALL NEW Capacity Indicators

The capacity indicators here are the set of 2022 GAP Capacity Indicators that are unique to the 2022 GAP
Guidance. These indicators are classified as new if they were not previously listed under the 2013 GAP Guidance;
either they are completely novel or they have changed substantively, such that they no longer map to the 2013
indicators that inspired their design.

Cross-Cutting Indicators

Tribe is compiling a written inventory of administrative and technical procedures, policies, regulations, and/or
other guidelines developed to implement the environmental program.

Tribe is preparing an emergency response plan for the provision of resources and/or hazard removal under
emergency circumstances including, but not limited to, earthquakes, floods, hurricanes, and other natural
disasters.

-CAA

- CWA

- CERCLA/128a

- FIFRA/TSCA

- RCRA

- SDWA

Clean Water Act (CWA) Indicators

Tribe is developing an above-ground tank program.

Safe Drinking Water Act (SDWA) Indicators

Tribe is developing drinking water regulations which are no less stringent than the national primary drinking
water regulations (NPDWRs) in effect under part 141.

Tribe is creating a systematic program for conducting sanitary surveys of public water systems, with priority
given to systems not in compliance with applicable primary drinking water regulations.

Tribe is creating or maintains record keeping and reporting of its activities under
paragraphs (a), (b) and (d) in compliance with §§ 142.14 and 142.15

Tribe is developing authority for assessing administrative penalties unless the constitution of the Tribe
prohibits the adoption of such authority.

Tribe is preparing a plan for control of designated facilities and pollutants.

Tribe is preparing a plan for hazardous air pollutants for source categories.

Tribe is developing a program for administering the noncompliance penalty program under section 120 of
the Clean Air Act.

Tribe is preparing a plan providing for attainment and maintenance of national standards and a control
strategy that meets requirements laid out in 40 CFR Part 51.

-------
Tribe is developing air quality codes, such as laws that address air quality concerns that do not have
standards/rules/provisions in the CM including addressing odors, speed limits to minimize road dust/fugitive
emissions, limiting activities or emissions at industrial sources during wildfire events/air pollution episodes,
prohibiting smoking in facilities (IAQ) and code related to agricultural activities.

Resource Conservation and Recovery Act (RCRA) Indicators

Tribe is developing solid waste infrastructure.

- NEPA training

-Prepared NEPA documents for solid waste facility

- Prepared NEPA documents for transfer station

- Prepared NEPA documents for recycling center

- Design/development of facilities

- Construction of facilities

Tribe is developing UST Program Tribal laws, codes, or regulations.

Tribe is using credentialed inspectors to inspect UST facilities.

Solid Waste (SW) Indicators

Tribal staff are conducting cleanup and closure activities, which include documentation on the amount of
waste removed/recycled, the types of wastes removed, and the disposition of the waste (see 40 C.F.R. Part
257).

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Indicators

Tribe is creating a Tribal Development Plan that outlines future development on contaminated Brownfields
properties after site assessment and remediation.

Tribe is establishing a 128(a) Brownfields program.

Tribe is performing CERCLA cleanup actions pursuant to a Section 104(d) cooperative agreement with EPA.

Tribe is developing a plan to conduct CERCLA cleanup activities, including site assessments, sampling,
remedial or removal actions, PRP oversight, or remedy operation and maintenance.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Indicators

Tribe is establishing Tribal pesticide ordinances and codes.

Tribe enters into a FIFRA cooperative agreement (including a circuit rider program) to support pesticide
activities for pesticide program development and implementation, including education, outreach, training,
technical assistance, and evaluation activities.

Tribe is establishing a FIFRA cooperative agreement (including a circuit rider program) to support pesticide
compliance and enforcement activities.

-------
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Indicators

Tribes is developing procedures for Worker Protection Standards.

Pollution Prevention Act (PPA) Indicators

Tribe is conducting an assessment (e.g., an Economy, Energy and Environment Assessment or other similar
assessment) to evaluate pollution prevention opportunities, through the establishment of baselines, for individual
businesses (e.g., casinos, hotels, manufacturing facilities).

24

-------
Dropped Capacity Indicators

Though the 2013 indicators here are listed as "dropped", elements of many of these indicators are still
incorporated into 2022 GAP Capacity Indicators. For example, B.2.2 and B.2.7.7 listed below in the table of cross
cutting are woven through multiple activities relevant to existing indicators. Another good example of this
designation is the "all new" list of FIFRA indicators. Many FIFRA indicators are classified as "dropped" here because
the framing and phrasing are substantively different from the updated version - there is not enough similar
content between the 2013 version and the 2022 version to classify them as "familiar", but it is important to note
that while the exact indicator phrasing is dropped, the general intent has been absorbed into one or more 2022
Capacity Indicators.

Where indicator elements (e.g., activities) have not been incorporated into the list of 2022 GAP Capacity
Indicators, many of the indicators listed here as "dropped" still have a place in the Technical Assistance checklist.
Just because activities have been removed from the indicator list does not mean that they are not allowable
activities - they are not considered milestones. The goal of the 2022 GAP Capacity Indicator list is to capture key
information while minimizing reporting burden.

B.2.1 Organizational system for the environmental program that defines staff roles and responsibilities, describes
the relationship of the environmental program to tribal leadership and other departments, and includes supporting
personnel management policies/procedures.

B.2.2 Staff with appropriate skills, knowledge and experience to manage the environmental program
B.2.3 Training plan for staff that reflects the capacity-building priorities for the environmental program.
B.2.4 Program evaluation system for use in determining whether program objectives are met, fiscal resources are
appropriately managed, and assistance award requirements satisfied.

B.2.6 Written procedures similar to the Administrative Procedure Act to ensure meaningful involvement and fair
treatment in public participation.

B.2.7 Organizational filing/records retention system and policies (paper and electronic).

B.3.1 A statement by the appropriate tribal financial department demonstrating that the tribe's accounting system,
internal controls, and financial reporting procedures adhere to the requirements found in 40 C.F.R. § 31 "Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments"; 40 C.F.R.
§ 35 "Environmental Program Grants for Tribes"; 2 C.F.R., § 225 "Cost Principles for State, Local and Indian Tribal
Governments" (formerly 0MB Circular A-87); and 0MB Circular A-133, "Audits of States, Local Governments, and
Non-Profit Organizations."

B.3.2 A statement by the appropriate tribal financial department demonstrating that the tribe has a procurement
procedure that meets the minimum requirements for purchasing systems as outlined in 40 C.F.R. § 31.
B.3.4 Written procedure that describes how the environmental program will coordinate with other tribal
departments to satisfy grant terms and conditions and reporting requirements (for example, application
development/review/approval, creation and submission of required reports, maintenance of official file, closeout of
award).

B.3.5 Current indirect cost rate agreement.

B.3.6 Tribe demonstrates proficiency in processing financial payment requests, submits required annual Federal
Financial Reports, and performs annual financial audits as required.

B.4.1 Written procedure for establishing an official file for each assistance award that contains all documentation
from application through final closeout and that requires record retention in compliance with 40 C.F.R. Part 31,
"Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments."
B.4.2 Written inventory of administrative and technical procedures, policies, regulations, or other guidelines
developed to implement the environmental program.

-------
B.4.3 System to store and organize data and information collected or generated by the environmental program for

future use in characterizing environmental and human health conditions, responding to information requests,

developing environmental projects/initiatives, or other project management data systems.

B.4.4 Exchanging and/or sharing data through the National Environmental Information Exchange Network.

B.5.1 A current baseline needs assessment or comparable planning document, such as a tribal Integrated

Resource Management Plan, tribal environmental inventory, natural resource assessment that reflects: (1)

environmental resources needing protection; (2) known information about existing/potential threats to human

health and the environment within the tribe's area; (3) an evaluation of the potential impact of these threats to

tribal members and resources (4) strategic plan with long term program development and implementation goals

identified; and (5) prioritization of activities by the environmental program to address identified threats.

B.6.4 Format for public notices, press releases, and other types of communications.

B.6.6 Contact lists for other governmental entities and types of information that will be shared.

B.6.8 Methods for collaborating and sharing information with other tribal, federal, state, and local governments, or

with other organizations.

B.6.9 Tribal consultation policies and procedures.

B.6.10 Development of tribal community-based advisory groups to assist with planning and implementation of the
tribal environmental program.

B.7.1 A statement by tribal legal counsel demonstrating that the tribe has authority to pass and enforce
laws/ordinances to protect human health and the environment.

B.7.2 A statement by tribal legal counsel demonstrating that tribal government authority provides the tribe with
power to enjoin activities determined to be harmful to the health or welfare of persons or the environment.

B.7.3 A dedicated section of the tribe's laws/codes/ordinances for environmental protection program activities that
establish standards, permitting processes, certification requirements, compliance assurance, and enforcement
procedures.

B.7.4 A program to provide compliance assistance to regulated entities to promote an understanding of applicable

environmental requirements and assist them in attaining and maintaining compliance.

B. 7.5 Documentation supporting the tribe's claim of interests to usual and accustomed areas and to cultural

resources potentially affected by environmental protection activities.

B.7.7 Procedures and systems for maintaining an inventory of regulated entities or activities.

B.7.9 A program to require regulated entities to keep records, review records, and provide applicable records to

the tribe.

B.7.10 Incentives and voluntary reporting of noncompliance that encourages compliance and environmental
stewardship.

B.7.11 Procedures for receipt, evaluation, retention and investigation for possible enforcement of all notices and
reports required of regulated entities.

B.7.12 Procedures and resources to assure adequate coverage of regulated entities through compliance
monitoring activities. Compliance monitoring activities, including inspections, should be conducted to: (a)
determine compliance with applicable program requirements, including but not limited to permit conditions; (b)
document noncompliance; (c) verify the accuracy of information required to be reported or maintained by the
regulated entity; and (d) verify the adequacy of sampling, monitoring, and other methods used to develop the
information submitted.

B.7.13 A program to enter a site potentially subject to regulation - or in which records relevant to applicable
program requirements are kept - in order to copy records, inspect, monitor emissions or take samples, or
otherwise investigate compliance.

B.7.15 Procedures for encouraging public reporting of violations, including a mechanism for the public to submit
such rep

B.7.16 A program to immediately and effectively enjoin any activity that may present an imminent and substantial
endangerment to public health or the environment.

-------
B.7.17 A program to restrain unauthorized activity, compel compliance with applicable requirements, and impose
injunctive relief to remedy noncompliance.

B.7.18 A program to compel regulated entities to submit reports and provide documents to the tribe for the
purpose of assessing compliance with applicable requirements.

B.7.19 A program to compel regulated entities to conduct monitoring or sampling and provide results to the tribe
for the purpose of assessing compliance with applicable requirements.

B.7.20 A program to assess or sue to recover civil penalties appropriate to the violation.

B.7.21 A program to assess penalties for violations of applicable requirements, such as fines or imprisonment for

environmental crimes.

B.8.3 Funding from other sources.

B.8.4 Environmental monitoring/sampling programs.

Clean Water Act (CWA) Indicators

D.3.1 Tribe has established a staffing plan (position description and recruitment/retention/promotion plan) for who
will serve as tribal water quality program coordinator

D.3.3 Tribe has established a program to meaningfully participate in water quality management programs
administered by other tribal, federal, state, or local governments (including reviewing and commenting on
technical water documents, water quality standards, and facility permit actions).

D.3.7 Tribe has established water efficiency policies and program(s) (e.g., building design standards/codes,
WaterSense initiatives for government operations, water use restrictions).

D.3.9 Tribe has completed a water quality assessment report that analyzes water quality issues impacting the tribe
and evaluated water pollution control options (e.g., identifies dischargers and types/amounts of discharge, defines
potential human health and environmental impacts of current water quality, provides recommendations for action,
identifies water program financial needs, and identifies water quality program goals, objectives, and milestones).
D.3.10 Tribe has developed a water quality monitoring strategy.

D.3.12 Tribe has established data management functions for its water quality monitoring data, including a program
to collect and upload all required quality assured surface monitoring data into WQX/STORET database where
applicable.

D.3.15 Tribe has worked with other stakeholders in the watershed to develop a watershed based plan that
identifies nonpoint source pollution problems and options for best management practices.

D.3.16 Tribe has submitted an eligibility package for CWA Section 319, including a TAS package and a Nonpoint
Source Assessment Report and Management Plan.

D.3.17 Tribe has developed a Wetlands Program Plan.

D.3.18 Tribe has developed a wetlands protection program pursuing one or more of the core wetland program
elements (Monitoring & Assessment, Regulation, Voluntary Restoration & Protection, and Water Quality Standards
for Wetlands).

D.3.19 Tribe has developed and promulgated tribal water quality standards, including designated uses for tribal
waters.

D.3.20 Tribe has established a program to provide water quality-related data and information on geographically-
relevant waters to EPA.

D.3.21 Tribe has established a program to review and comment on water quality reports, TMDLs, and other
watershed-based planning efforts undertaken by other government agencies (federal, state, local, or tribal).
D.3.22 Tribe has established a program to assess water quality conditions, including comparing water quality
monitoring information and data against applicable water quality standards.

D.3.23 Tribe has established a program to assist EPA with implementing the federal CWA programs (e.g.,
compliance assurance activities for regulated entities, obtaining federal inspection credentials to inspect regulated
entities, and assisting EPA to draft permits for regulated entities).

-------
Clean Water Act (CWA) Indicators

D.3.26 Tribe has established a program to provide compliance assurance (including inspections) and enforcement
for a tribal permit program.

D.3.28 Tribe has developed and submitted a TAS package for EPA-approved NPDES program.

D.3.29 Tribe has developed and submitted a TAS package for a CWA Section 401 certification program.

D.3.30 Tribe has developed and submitted a TAS package for a CWA Section 404 dredge and fill permit program.
D.3.31 Tribe has established a program (including modeling) to develop TMDLs and other water quality based
planning efforts.

D.3.32 EPA-approved Water Quality Standards are in place.

D.3.33 Tribe has established program to monitor federally-approved surface and/or wetlands water quality
standards and perform triennial review.

D.3.34 Tribe has delineated source water protection areas.

D.3.37 Tribe has established a program to assist EPA with implementing the federal Underground Injection
Control (UIC) program (e.g., compliance assurance activities, obtaining federal inspection credentials, and
assisting EPA to draft permits).

D.3.38 Tribe reports quality assured Underground Injection Control (UIC) inventory information to EPA (especially
Class V wells).

D.3.41 Tribe has developed and submitted a draft authorization package to EPA for approval to enforce federal UIC
requirements and manage injection wells on tribal lands.

D.3.42 Tribe has primacy for implementing Underground Injection Control wells regulatory program.

Safe Drinking Water Act (SDWA) Indicators

D.3.34 Tribe has delineated source water protection areas.

D.3.36 Tribe has established a program to assist EPA with implementing the federal Public Water System
Supervision (PWSS) program (e.g., compliance assurance activities, obtaining federal inspection credentials, and
assisting EPA to draft permits).

Clean Air Act (CAA) Indicators

C.3.1 Tribe has established a staffing plan (position description and recruitment/retention/promotion plan)
for who will serve as tribal air quality/indoor air quality program coordinator(s).

C.3.2 Staff has completed appropriate training and acquired baseline knowledge and skills related to the CAA
(become familiar with the major goals, programs, and requirements of the CAA; the national structure for
implementing the CAA; and the EPA regional personnel and organization).

C.3.4 Tribe has established a program to meaningfully participate in air quality management programs
administered by other tribal, federal, state, or local governments (including reviewing and commenting on air
quality standards and facility permit actions).

C.3.10 Tribe has completed an indoor air quality assessment and report.

C 3.12 Tribe has prepared a report recommending actions to improve indoor air quality and reduce levels for
radon, mold, moisture, and environmental pollutants.

C 3.13 Tribe has incorporated indoor air quality improvements or features as part of building renovation
programs (e.g., weatherization and rehabilitation) and new construction

C.3.14 Tribe has developed a climate change vulnerability/risk assessment.

28

-------
C.3.16 Tribe has established a Diesel Emissions Reduction Program (identified diesel engine use; evaluated
short- and long-term priorities for reduction of emissions; selected implementation options such as installing
diesel retrofit devices with verified technologies on school buses, maintaining/repairing/rebuilding engines,
replacing older vehicles/equipment with more efficient engines or engines that run on cleaner fuel, improve
operational strategies).

C.3.17 Tribe has established energy efficiency policies and program(s) (e.g., building design
standards/codes, ENERGY STAR initiatives for government operations and tribal housing).

C.3.18 Tribe has established an air toxics program (capacity to: monitor for acid and mercury deposition;
sample subsistence food sources to measure the accumulation of toxics; partner with other jurisdictions on
assessment projects; communicate potential threats to community members; implement actions to reduce
sources of air toxics pollution).

C.3.21 Tribe has established a program to comply with Federal Air Rules for Indian Reservations (FARR)
requirements, where applicable.

C.3.23 Tribe has developed a Tribal Implementation Plan (TIP) under CAA Section 301 to identify sources of
air pollution and to determine what reductions are necessary to meet air quality standards.

C.3.24 Tribe has developed/submitted request to redesignate a reservation as a CAA Class I area.

C.3.25 Tribe has developed/submitted recommendations on designations for new National Ambient Air
Quality Standards.

C.3.29 Tribe has developed program to implement new source review permitting program for minor sources
of air pollution.

Resource Conservation and Recovery Act (RCRA) Indicators

E.3.13 Tribe has coordinated with EPA to ensure accuracy of EPA's regulated hazardous waste facility inventory
and operating status.

E.3.14 Tribe has coordinated with EPA to ensure accuracy of EPA's regulated UST & LUST facility inventory and
operating status.

E.3.15 Tribe has established capacity to provide information to EPA that may be used to conduct compliance
monitoring inspections or in a RCRA § 3008, § 7003, § 4005(c)(2), or § 9006 enforcement action.

E.3.16 Tribe has established a program to assist EPA with implementing the federal RCRA program(s) (e.g.,
assisting the Agency to conduct compliance assistance activities for regulated entities, obtaining federal
inspection credentials to inspect regulated entities, and assisting EPA to draft permits for regulated entities).

E.3.19 Tribe has established mechanisms to assure a financially sustainable waste management program,
including financing for trash collection services (e.g., fee for service, tribal government funding of trash collection
services, or other cost recovery systems).

E.3.20 Tribal staff is leading circuit rider, train the trainer, and peer-match programs

E.3.1 Tribe has established a staffing plan (position description and recruitment/retention/promotion plan) for who
will serve as tribal waste management program coordinator(s).

E.3.3 Tribe has established a program to meaningfully participate in waste management programs administered
by other tribal, federal, state, or local governments (including reviewing and commenting on waste disposal facility
permits and applicable waste management regulations).

E.3.10 Tribe has completed a solid waste facility plan/feasibility study.

29

-------
E.3.11 Tribe has completed an open dump inventory and submitted to EPA and IHS for inclusion in the w/STARS
database (including: GPS location; estimated size/volume; contents/type of waste; estimated distance to nearest
homes, surface water and groundwater; estimated project costs; and site name).

E.3.12 Sites included in the open dump inventory have a health hazard ranking score.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Indicators

F.3.1 Tribe has established a staffing plan (position description and recruitment/retention/promotion plan) for who
will serve as tribal program coordinator(s)

F.3.3 Tribal response staff has completed and developed proficiency in OSHA required HAZWOPER baseline and
annual refresher training to qualify them to safely respond to spills and emergency incidents, and other
appropriate training (e.g., acquire certification in an Incident Command System (ICS) course).

F.3.4 Tribal staff has completed and developed proficiency in All Appropriate Inquiries (EPA 40 C.F.R. § 312),
Phase 1 ESA (ASTM E 1527-05), and ECM 10-2 (Department of Interior).

F.3.6 Tribe is meaningfully participating in programs administered by other tribal, federal, state, or local
governments (including reviewing and commenting on cleanup and response standards/plans).

F.3.9 Tribe has established program to conduct emergency response training and exercises for community
members (e.g., orientation seminars to review the contents of the emergency response plan; table tops drills to
verify understanding of notification procedures and response actions; and field exercises to ensure that response
personnel are familiar with equipment and responsibilities).

F.3.10 Tribe has established a program to receive and manage material safety data sheets under EPCRA's
Hazardous Chemical Storage Reporting Requirements.

F.3.11 Tribal lands and resources covered by an EPCRA-compliant emergency response plan.

F.3.16 Tribe has promulgated cleanup standards for soil, surface water, and groundwater to guide response and

remediation decisions on contaminated sites (e.g., tribal "Applicable or Relevant and Appropriate Requirements"

(ARARs).

F.3.17 Tribe has established capacity to conduct Phase I and Phase II site assessments.

F.3.18 Tribe has established program to participate in Department of Defense and Department of Energy advisory

boards (Federal Facilities Restoration and Reuse) that involve stakeholders in cleanup decisions.

F.3.19 Tribe has established support agency cooperative agreements with EPA to provide for tribal input in

cleanup decisions at CERCLA sites.

Toxic Substances Control Act (TSCA) Indicators

G.3.1 Staff has established a staffing plan (position description and recruitment/retention/promotion plan) for who
will serve as tribal program coordinator(s).

G.3.3 Tribe is receiving funding under FIFRA, TSCA, Pollution Prevention Act, or other similar program to support

projects or programs related to managing chemical safety and pollution prevention.

G.3.4 Tribe has completed an asbestos, pesticides, lead-based paint, and pesticides needs assessment that:

collects and evaluates existing data on pesticide use and other relevant factors; assesses the need to develop

related projects and/or programs; and evaluates short-term and long-term options to address those identified

needs.

G.3.11 Tribe has adopted a pollution prevention strategy and/or policy (e.g., integrate pollution prevention
practices through government services, policies, and initiatives; establish environmentally preferable purchasing
standards, green building codes/standards, greenhouse gas emission reduction targets; reduction targets for the
use of hazardous materials; establish an integrated pest management program; and adopt natural resources
protection policies/procedures).

30

-------
Toxic Substances Control Act (TSCA) Indicators

G.3.12 Tribe is meaningfully participating in programs administered by other tribal, federal, state, or local
governments

G.3.13 Tribe has established an EPA-tribal MOA/MOU or interagency agreement concerning joint implementation
of FIFRA, TSCA, or other authorities.

G.3.15 Tribe has established certification and training plan for restricted use pesticide applicators (commercial and
private) to educate applicators and control restricted use pesticides in Indian country.

G.3.16 Tribe has established a training/accreditation/certification program similar to TSCA Section 402 for
individuals and firms engaged in lead-paint activities and for asbestos related accredited training under AHEFSA
requirements (i.e., a model accreditation plan).

G.3.21 Tribal staff has capacity to lead circuit rider, train the trainer, and peer-match programs.

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) Indicators

G.3.4 Tribe has completed an asbestos, pesticides, lead-based paint, and pesticides needs assessment that:
collects and evaluates existing data on pesticide use and other relevant factors; assesses the need to develop
related projects and/or programs; and evaluates short-term and long-term options to address those identified
needs

G.3.13 Tribe has established an EPA-tribal MOA/MOU or interagency agreement concerning joint implementation
of FIFFSA, TSCA, or other authorities.

G.3.17 Tribe has established a Pesticides Field Program, including identification of possible pesticide inspection
targets and pesticide-specific issues to determine the kind of approach needed to address concerns related to the
use and sale of pesticides.

G.3.18 Tribe has established a pesticides compliance assurance and enforcement program under which a tribal
inspector completes all required training and, upon EPA approval, obtains federal credentials to conduct
inspections of the regulated community (e.g., pesticide applicators, marketplaces that sell pesticides, etc.) to
determine compliance with FIFFSA or tribal pesticide regulations.

G.3.20 Tribe has established a compliance assurance and enforcement program for tribal laws and regulations to
manage asbestos, pesticides, toxics, or other chemical risks that are at least as stringent as the applicable federal
statutes.

G.3.22 Tribe has enacted tribal laws, codes, and regulations with effective compliance assurance and enforcement
provisions to manage asbestos, pesticides, toxics, or other chemical risks that are at least as stringent as the
applicable federal statutes.

Pollution Prevention Act (PPA) Indicators

There were no PPA indicators dropped in the 2022 GAP Capacity Indicators.

31

-------