UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OFFICE OF 

ENFORCEMENT AND 

COMPLIANCE ASSURANCE 

March 2007 

Dear Environmental Professional: 

The Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance 

Assurance (OECA) is pleased to provide you with the Profile of Tribal Government Operations 

(Tribal Profile). We hope that you will use the Profile and share it with your colleagues. EPA 

revised the Tribal Profile after seeking and receiving comments from tribes and tribal 

organizations. 

The Tribal Profile presents information on the environmental regulations that may apply tribal 

government operations and related pollution prevention opportunities. Additionally, the Tribal 

Profile provides tribes with key information needed to ensure compliance with federal and tribal 

environmental regulations and simultaneously build tribal environmental program capacity for 

environmental compliance. The Tribal Profile is part of EPA’s National Tribal Compliance 

Assurance Priority (Tribal Priority) and one of thirty-five EPA sector notebooks. Information on 

the Tribal Priority is available at EPA’s at 

http://www.epa.gov/compliance/data/planning/priorities/tribal.html. 

A Tribal Compliance Assurance Web Site http://www.epa.gov/compliance/tribal/assistance, containing 

up-to-date information and links to EPA and non-EPA resources and personnel will be available 

in February 2007. If you have any questions about the Profile or the Tribal Priority, please feel 

free to contact Jonathan Binder at (202) 564-2516, binder.jonathan@epa.gov, or by mail (EPA, 1200 

Pennsylvania Avenue, N.W., Mail Code 2224A, Washington, DC 20460). 

I hope you find the Tribal Profile to be a useful tool in helping you ensure environmental 

compliance in Indian Country. 

 Sincerely, 

/s/

 James Edward

 Director

 Compliance Assistance and Sector Programs Division 

 Office of Compliance 
Sector Notebook Project Profile of Tribal Governement Operations 

PREFACE

The Profile of Tribal Government Operations (Tribal Profile) is one in a series of volumes 

published by the United States Environmental Protection Agency (EPA) to provide 

comprehensive information of general interest regarding environmental issues associated with 

specific sectors, including federal facilities and local governments. There are currently thirtyfive Sector Notebooks. 

The Tribal Profile orients readers to the environmental responsibilities and challenges facing 

tribal governments. The Tribal Profile is especially useful in providing information on the 

complex and wide array of tribal government operations and applicable and relevant 

environmental regulations and pollution prevention opportunities. The Tribal Profile also offers 

references to more detailed information to facilitate compliance and pollution prevention. 

OBTAINING THE TRIBAL PROFILE AND OTHER SECTOR NOTEBOOKS

Complimentary copies are available to tribal governments and certain other groups, including 

public and academic libraries, federal, state, and local governments, and the media. 

All Sector Notebooks are available in hardcopy by calling (800) 490-9198, reference 310-R-05-

001 and in electronic format at http://www.epa.gov/compliance/sectornotebooks.html. 

THE SECTOR NOTEBOOK PROJECT AND SECTOR NOTEBOOK CONTACTS 

EPA’s Office of Compliance developed the Tribal Profile and each Sector Notebook. Appendix 

I contains information on, and contacts for, each Sector Notebook. For questions on the Tribal 

Profile, contact Jonathan Binder, Tribal Program Manager Office of Enforcement and 

Compliance Assurance, at binder.jonathan@epa.gov or (202) 564-2516. You can direct general 

questions about the Sector Notebook Project to Seth Heminway, Coordinator, Sector Notebook 

Project, at heminway.seth@epa.gov or (202) 564-7017. 

UP-TO- DATE INFORMATION AND PEOPLE TO CONTACT

EPA’s Tribal Compliance Assistance Web Site at www.epa.gov/compliance/tribal/assistance

contains up-to-date information on ensuring compliance in Indian country and EPA 

Headquarters and Regional personnel who can offer you assistance. 

i 
TABLE OF CONTENTS

CHAPTER 1. INTRODUCTION.......................................................................................... 1-1 

1.1 WHY A TRIBAL PROFILE ............................................................................................. 1-1 

1.2 HOW THE TRIBAL PROFILE IS ORGANIZED ................................................................ 1-2 

1.3 SCOPE OF THE TRIBAL PROFILE – EVERY TRIBE IS DIFFERENT ..................................1-3 

1.4 THE TRIBAL PROFILE IS ADAPTABLE TO PARTICULAR NEEDS ...................................1-3 

CHAPTER 2. OVERVIEW OF TRIBAL GOVERNMENTS............................................ 2-1 

2.1 TRIBAL GOVERNMENTS – OVERVIEW OF HISTORY AND STRUCTURE ........................2-1 

2.2 APPROACHES FOR PROVIDING SERVICES.................................................................... 2-3 

2.3 REGULATION OF TRIBAL GOVERNMENT OPERATIONS .............................................. 2-4 

2.4 TRIBES AND ENVIRONMENTAL PROTECTION ............................................................. 2-5 

2.5 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS............................2-6 

2.6 DIRECT FEDERAL IMPLEMENTATION IN INDIAN COUNTRY ...................................... 2-8 

2.7 TRIBAL CAPACITY TO MANAGE FEDERAL ENVIRONMENTAL PROGRAMS ...............2-8 

2.8 PUBLIC PARTICIPATION .............................................................................................. 2-9 

CHAPTER 3. TRIBAL GOVERNMENT OPERATIONS................................................ 3-1 

3.1 POLLUTION PREVENTION AND COMPLIANCE ASSISTANCE....................................... 3-1 

3.1.1 Benefits of Pollution Prevention................................................................. 3-2 

3.1.2 Implementation of Pollution Prevention .................................................. 3-2 

3.2 PURCHASING PRACTICES THAT ENCOURAGE REGULATORY COMPLIANCE AND 

POLLUTION PREVENTION ........................................................................................... 3-3 

3.2.1 Environmentally-Preferable Product Alternatives..................................3-3 

3.2.2 Top Pollution Prevention Opportunities .................................................. 3-3 

3.3 PUBLIC SAFETY............................................................................................................ 3-5 

3.3.1 Chemical Emergency Preparedness and Prevention ..............................3-6 

3.3.2 Fire Protection and Emergency Response .............................................. 3-10 

3.3.3 Police Protection ......................................................................................... 3-13 

3.3.4 Pollution Prevention and Public Safety .................................................. 3-14 

3.4 HEALTHCARE PROGRAMS ............................................................................... 3-16 

3.4.1 Hospitals, Healthcare Workers and Emergency Response ..................3-18 

3.4.2 Pollution Prevention and Healthcare Programs .................................... 3-19 

3.5 TRIBAL GOVERNMENT ENTERPRISES ........................................................................ 3-20 

3.5.1 Forestry ........................................................................................................ 3-21 
3.5.2 Gaming......................................................................................................... 3-22 

3.5.3 Agriculture .................................................................................................. 3-23 

3.5.4 Tourism........................................................................................................ 3-25 

3.5.5 Fisheries and Shellfish ............................................................................... 3-25 

3.5.6 Fuel Management and Gasoline Stations................................................ 3-27 

3.6 CONSTRUCTION/PROPERTY MANAGEMENT................................................................. 3-27 

3.6.1 Fundamental Environmental Issues of Construction Management...3-28 

3.6.2 Stormwater – Application to Construction Activities...........................3-31 

3.6.3 Buildings and Construction ...................................................................... 3-32 

3.6.4 Roads/Bridges/Tunnels ........................................................................... 3-42 

3.6.5 Underground Storage Tanks .................................................................... 3-45 

3.6.6 Aboveground Storage Tanks .................................................................... 3-46 

3.6.7 Outdoor Recreation Facilities (including Stadiums and Golf 

 Courses) ....................................................................................................... 3-47 

3.6.8 Vehicle and Equipment Maintenance ..................................................... 3-50 

3.6.9 Pollution Prevention in Construction and Maintenance ......................3-50 

3.7 WATER RESOURCES MANAGEMENT......................................................................... 3-53 

3.7.1 Surface Water Protection........................................................................... 3-54 

3.7.2 Listing of Impaired Waters ....................................................................... 3-56 

3.7.3 Total Maximum Daily Loads .................................................................... 3-57 

3.7.4 Implementation of Watershed (Surface Water) Protection Programs 3-58 

3.7.5 Reservoir Management.............................................................................. 3-60 

3.7.6 Source Water (Groundwater) Protection ................................................ 3-60 

3.7.7 Wetlands ...................................................................................................... 3-64 

3.7.8 Watershed Protection and Management................................................. 3-65 

3.7.9 Pollution Prevention and Water Resources Management....................3-66 

3.8 WATER SUPPLY ......................................................................................................... 3-70 

3.8.1 Water Treatment......................................................................................... 3-71 

3.8.2 Waste Disposal............................................................................................ 3-72 

3.8.3 Storage and Management of Disinfecting Chemicals ...........................3-73 

3.8.4 Water Distribution...................................................................................... 3-73 

3.8.5 Operations and Maintenance.................................................................... 3-74 

3.8.6 Safety and Security..................................................................................... 3-75 

3.8.7 Safe Drinking Water Act Compliance ..................................................... 3-76 

3.9 WASTEWATER MANAGEMENT ................................................................................. 3-77 

3.9.1. Operation and Maintenance of Sewer Systems...................................... 3-78 

3.9.2 Wastewater Treatment............................................................................... 3-81 
3.9.3 Storm Water Discharges ............................................................................ 3-86 

3.9.4 Other Operations That May Be Regulated.............................................. 3-87 

3.9.5 Pollution Prevention in Wastewater Management ...............................3-87 

3.10 PESTICIDE MANAGEMENT............................................................................... 3-89 

3.10.1 Purchasing Pesticides................................................................................. 3-90 

3.10.2 Applying Pesticides ................................................................................... 3-90 

3.10.3 Worker Protection ...................................................................................... 3-94 

3.10.4 Storing Pesticides........................................................................................ 3-95 

3.10.5 Disposing of Pesticides .............................................................................. 3-96 

3.10.6 Pollution Prevention in Pesticide Management..................................... 3-97 

3.11 SOLID WASTE MANAGEMENT ................................................................................ 3-100 

3.11.1 Integrated Solid Waste Management .................................................... 3-101 

3.11.2 Collecting and Storing Municipal Solid Waste .................................... 3-103 

3.11.3 Recycling and Composting ..................................................................... 3-105 

3.11.4 Disposal Through Landfilling and Waste Combustion......................3-107 

3.11.5 Household Hazardous Waste Collection and Storage........................3-111 

3.11.6 Partnership in Solid Waste Management ............................................. 3-112 

3.11.7 Hazardous and Non-Typical Waste ...................................................... 3-112 

3.11.8 Other Operations That May Be Regulated............................................ 3-113 

3.11.9 Pollution Prevention in Solid Waste Management Operations.........3-113 

3.12 VEHICLE/EQUIPMENT MAINTENANCE.................................................................. 3-116 

3.12.1 Vehicle Repair Shops ............................................................................... 3-117 

3.12.2 Fueling Stations ........................................................................................ 3-121 

3.12.3 Purchasing ................................................................................................. 3-122 

3.12.4 Pollution Prevention in Vehicle/Equipment Maintenance................3-122 

CHAPTER 4. SUMMARY OF FEDERAL AND TRIBAL REGULATORY 

PROGRAMS............................................................................................................................. 4-1 

4.1 DIRECT FEDERAL IMPLEMENTATION OF ENVIRONMENTAL LAWS IN INDIAN 

COUNTRY - EPA’S ROLE AS REGULATOR................................................................... 4-1 

4.2 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS ...........................4-1 

4.3 THE CLEAN AIR ACT .................................................................................................. 4-3 

4.4 CLEAN WATER ACT.................................................................................................... 4-6 

4.4.1 The Water Quality Standards Program and Tribal Program 

 Approval........................................................................................................ 4-9 

4.4.2 Water Quality Standards - Dispute Resolution Mechanism..................4-9 

4.5 SAFE DRINKING WATER ACT ................................................................................... 4-10 
4.6 RESOURCE CONSERVATION AND RECOVERY ACT (SOLID AND HAZARDOUS WASTE 

PROGRAMS ................................................................................................................ 4-11 

4.6.1 Underground Storage Tanks Program.................................................... 4-12 

4.6.2 Above Ground Storage Tanks .................................................................. 4-12 

4.6.3 Oil Spill Programs - Spill Prevention, Control, and Countermeasure 

Plans ............................................................................................................. 4-13 

4.7 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAMS ............4-14 

4.8 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY 

ACT............................................................................................................................ 4-15 

4.9 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT .................................4-17 

4.10 TOXIC SUBSTANCES CONTROL ACT ......................................................................... 4-18 

4.11 NATIONAL ENVIRONMENTAL POLICY ACT ............................................................. 4-19 

4.12 ENDANGERED SPECIES ACT...................................................................................... 4-20 

4.13 RANGE MANAGEMENT PROGRAMS ......................................................................... 4-21 

APPENDIX A. LIST OF ACRONYMS................................................................................ A-1 

APPENDIX B. CONTACTS FOR EPA INDIAN AND MEDIA PROGRAMS........... B-1 

EPA Regional Contacts – Indian Program & Media Programs ....................................................... B-1 

EPA Headquarters Tribal Contacts ..................................................................................................... B-4 

APPENDIX C. EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL 

PROGRAMS ON INDIAN RESERVATIONS (NOVEMBER, 8, 1984)........................ C-1 

INTRODUCTION....................................................................................................................... C-1 

POLICY .................................................................................................................................... C-2 

APPENDIX D. ENVIRONMENTAL ORGANIZATIONS GUIDE .............................. D-1 

NATIONAL/REGIONAL INDIAN ORGANIZATIONS................................................................ D-1 

NATIONAL/REGIONAL EPA ORGANIZATIONS .................................................................... D-2 

NATIONAL/REGIONAL INDIAN ORGANIZATIONS................................................................ D-2 

NATIONAL/REGIONAL EPA ORGANIZATIONS .................................................................. D-12 

APPENDIX E. COMPLIANCE AND TECHNICAL ASSISTANCE RESOURCES.... E-1 

GENERAL COMPLIANCE AND TECHNICAL ASSISTANCE MATERIAL......................................E-1 

TRAINING – GENERAL .............................................................................................................E-1 

COMPLIANCE ASSISTANCE CENTERS ......................................................................................E-2 

WASTE ISSUES IN INDIAN COUNTRY.......................................................................................E-4 

Solid Waste Material ................................................................................................E-4 

Solid Waste – Tribal Codes .....................................................................................E-7 
Solid Waste – Backyard Burning............................................................................E-8 

Hazardous Waste Material......................................................................................E-8 

Training – Solid And Hazardous Waste ...............................................................E-9 

Construction and Demolition Waste .....................................................................E-9 

Underground Storage Tanks ................................................................................E-11 

Emergency Planning ..............................................................................................E-12 

Mining Waste in Indian Country .........................................................................E-12 

Military Munitions Waste .....................................................................................E-12 

Radioactive Materials.............................................................................................E-13 

WATER RESOURCES ...............................................................................................................E-13 

Public Water Systems.............................................................................................E-13 

Tribal and Other Non-Federal Organizations....................................................E-14 

Wastewater Management......................................................................................E-15 

Training – Water Quality.......................................................................................E-15 

Wetlands Management..........................................................................................E-16 

Underground Injection Control............................................................................E-16 

Source Water Protection........................................................................................E-16 

AIR RESOURCES .....................................................................................................................E-17 

Air Pollution............................................................................................................E-17 

Training – Air Pollution.........................................................................................E-17 

Air Quality and Monitoring..................................................................................E-18 

Asbestos and Radon...............................................................................................E-18 

PESTICIDES .............................................................................................................................E-18 

TOXICS ...................................................................................................................................E-20 

SCHOOLS ................................................................................................................................E-20 

General.....................................................................................................................E-20 

Higher Education ...................................................................................................E-21 

Asbestos ...................................................................................................................E-22 

Disposal of Spent Laboratory Chemicals............................................................E-22 

Lead-Based Paint ....................................................................................................E-22 

Water .......................................................................................................................E-24 

Pesticides..................................................................................................................E-24 

POLLUTION PREVENTION......................................................................................................E-25 

GREEN BUILDINGS .................................................................................................................E-25 

HEALTH CARE AND HOSPITALS............................................................................................E-27 

NATIONAL ENVIRONMENTAL POLICY ACT..........................................................................E-27 

SELECTED ENFORCEMENT GUIDANCE RELATED TO INDIAN COUNTRY..............................E-28 
FEDERAL EXECUTIVE BRANCH RESOURCES ..........................................................................E-28 

Department of Agriculture ...................................................................................E-28 

Department of Commerce.....................................................................................E-29 

Department of Defense..........................................................................................E-29 

Department of Energy ...........................................................................................E-29 

Department of Health and Human Services ......................................................E-29 

Department of Housing and Urban Development............................................E-30 

Department of the Interior....................................................................................E-30 

Department of Justice.............................................................................................E-31 

Department of Labor..............................................................................................E-31 

Department of Transportation..............................................................................E-31 

Environmental Protection Agency.......................................................................E-31 

Federal Communications Commission...............................................................E-32 

The Advisory Council on Historic Preservation................................................E-32 

UNITED STATES CONGRESS RESOURCES ...............................................................................E-32 

TRIBAL CODES, TRIBAL ENVIRONMENTAL LAWS, AND FEDERAL INDIAN LAW .................E-32 

LINKS TO TRIBAL GOVERNMENT WEB SITES ........................................................................E-33 

OTHER ENVIRONMENTAL WEB SITES ...................................................................................E-34 

APPENDIX F. EPA FINANCIAL ASSISTANCE RESOURCES.....................................F-1 

AIR RESOURCES .......................................................................................................................F-1 

MULTIMEDIA RESOURCES .......................................................................................................F-2 

EDUCATIONAL RESOURCES .....................................................................................................F-5 

RESEARCH & SCIENCE .............................................................................................................F-5 

PESTICIDE RESOURCES.............................................................................................................F-7 

LEAD RESOURCES ....................................................................................................................F-7 

WASTE RESOURCES..................................................................................................................F-8 

Solid Waste ................................................................................................................F-8 

Hazardous Waste .....................................................................................................F-9 

POLLUTION PREVENTION........................................................................................................F-9 

WATER RESOURCES .................................................................................................................F-9 

Water Quality Standards.........................................................................................F-9 

Water Pollution.......................................................................................................F-10 

Watershed Programs..............................................................................................F-10 

Wetlands ..................................................................................................................F-11 

Underground Injection Control Program ...........................................................F-12 

Water Emergencies.................................................................................................F-12 
Drinking Water.......................................................................................................F-13 

ENFORCEMENT AND COMPLIANCE ASSURANCE PROGRAM................................................F-13 

APPENDIX G. ECONOMIC BENEFITS OF BUILDING GREEN................................G-1 

APPENDIX H. POLLUTION PREVENTION SUCCESS STORIES .............................H-1 

ADDITIONAL TRIBAL POLLUTION PREVENTION CASE STUDIES............................................ H-3 

Waste Management in Indian Country................................................................ H-3 

Interagency Open Dump Cleanup Project........................................................... H-5 

APPENDIX I. AVAILABLE SECTOR NOTEBOOKS ...................................................... I-1 

DISCLAIMER

The Tribal Profile is for employees of EPA and the general public for informational purposes 

only. The Tribal Profile was reviewed inside EPA, but its contents do not necessarily reflect the 

views or policies of EPA or any other organization mentioned within. Mention of organizations, 

trade names commercial products, or events does not constitute endorsement or recommendation 

for use. The statutory provisions and regulations described in the Tribal Profile contain legally 

binding requirements. The Tribal Profile is not a regulation itself, nor does not it change or 

substitute for those provisions and regulations. Thus, the Tribal Profile does not impose legally 

binding requirements on EPA, tribes, states, or the regulated community. In addition, the Tribal 

Profile is not intended and cannot be relied upon to create any rights, substantive or procedural, 

enforceable by any party in litigation with the United States. 

Note: EPA’s Office of Enforcement and Compliance Assurance, Compliance Assistance and 

Sector Programs Division developed the Tribal Profile. Special thanks to the many individuals 

inside EPA who reviewed the Tribal Profile and provided valuable comments, particularly 

Jonathan Binder, Jeffrey Brown, Joe Edgell, Dan Martin, Catherine Tunis, Elizabeth Wendt, and 

Barbara Wester. Additional thanks go to Mary Andrews, Jenny Beilanski, Jeff Besougloff, Steve 

Clark, Darrell Harmon, Ken Harmon, Jim Havard, William Lienesch, Trish McKenzie, Nick 

Nichols, Kris Range, and Martin Topper. The Inter Tribal Council of Arizona, Inc. provided 

initial contract (PR-DC-01-02451/YDC-049) support and the Northwest Indians Fisheries 

Commission and Robert Pojasek, Pojasek and Associates, provided additional material. Abt 

Associates provided subsequent contract support (EP-W-04-058, WA 02-OPT1).
Sector Notebook Project Profile of Tribal Governement Operations 

Chapter 1 

CHAPTER 1. INTRODUCTION

1.1 WHY A TRIBAL PROFILE 

The mission of the United States 

Environmental Protection Agency 

(EPA or Agency) is to protect human 

health and the environment. EPA 

works with federally-recognized 

Indian tribes (tribes) to protect human 

health and the environment, in a 

manner consistent with EPA’s trust 

responsibility to tribes and the 

government-to-government 

relationship. 

The Profile of Tribal Government 

Operations (Tribal Profile) presents 

information on many aspects of tribal 

government operations that affect the 

environment and human health. As 

such, the Tribal Profile provides environmental professionals working with tribes key 

information needed to effectively understand the environmental regulations that may apply to 

such tribal operations and related pollution prevention opportunities. The Tribal Profile also 

offers material related to building tribal compliance capacity and achieving environmental 

compliance. To this end, the Tribal Profile gives the reader information on: 

U.S. Environmental Protection Agency Strategic Plan 

EPA’s work with tribes is based on the recognition that tribes 

have unique cultural, jurisdicational, and legal issues that must 

be considered when coordinating and implementing 

environmental programs in Indian country. One of their 

cultural distinctions is a longstanding commitment to 

environmetal stewardship. Native Americans recognize the 

importance of not only protecing the environment, but of 

pursuing a longer-term goal of sustainability – a perspective

that has much to offer as EPA pursues stewardship efforts.

EPA works with each tribe on a government-to-government 

basis. The Agency’s 1984 Indian Policy formally recognizes the 

uniqueness of tribes and their rights as sovereign governments. 

In keeping with that policy, EPA will pursue innovative and 

coordinated programs that complement tribal government 

structures and incoproate tribal priorities to protect human 

health and the environment in Indian country. 

 The different types of tribal governments; 

 The types of tribal government operations that have the potential to significantly affect 

human health and the environment; 

 The potential environmental impacts of those operations; 

 Opportunities to reduce environmental impacts through pollution prevention; 

 The regulatory requirements with which tribal governments must comply; and 

 Information on federal and non-federal resources available to achieve compliance and 

potential pollution prevention opportunities. 

April 2007 www.epa.gov/compliance/tribal/resources Chapter 1: page 1 
Sector Notebook Project Profile of Tribal Governement Operations 

1.2 HOW THE TRIBAL PROFILE IS ORGANIZED

The Tribal Profile presents general information on many aspects of tribal governments that 

affect the environment. In addition to this introductory chapter, the Tribal Profile contains three 

additional chapters: 

 Chapter 2 presents an overview of 

tribal governments, including the 

types, numbers, and sizes of tribal 

governments in the United States. 

U.S. Environmental Protection Agency Strategic Plan

EPA’s work with tribes to “[p]rotect human health and 

the environment on tribal lands by assisting federallyrecognized tribes to build environmental management 

capacity, assess environmental conditions and measure 

results, implement environmental programs in Indian 

country.

 Chapter 3 identifies the major 

operations conducted by tribal 

governments, the environmental 

impacts of these operations, the 

applicable environmental requirements, and pollution prevention opportunities. 

 Chapter 4 provides an overview of the federal statutes and regulations that may affect the 

major operations conducted by tribal governments, including information on EPA 

authorization of tribal governments to implement federal environmental programs. 

 Appendices provide comprehensive support material, including information on EPA’s 

media and Indian programs, references to compliance and technical assistance documents, 

financial assistance resources, and green building and pollution prevention opportunities. 

Chapter 3 is the heart of the Tribal Profile and focuses on eleven specific types of operations: 

 Public safety; 

 Healthcare programs; 

 Land use management; 

 Tribal government enterprises;

 Construction and construction management; 

 Water resource management; 

 Water supply; 

 Wastewater management; 

 Pesticides application and regulation; 

 Solid waste management; and 

 Vehicle/Equipment maintenance. 

April 2007 www.epa.gov/compliance/tribal/resources Chapter 1: page 2 
Sector Notebook Project Profile of Tribal Governement Operations 

Although this list may not include all operations conducted by tribal governments, it is 

representative of the operations that present the most significant environmental impacts. The 

Tribal Profile intentionally omits other operations with significant environmental aspects and 

impacts in Indian country, such as agriculture, mining, pulp and paper industry, and power 

generation, because they are the subjects of other EPA sector notebooks that offer 

comprehensive information on environmental concerns common to similar operations. A 

complete list is available at: http://www.epa.gov/compliance/sectornotebooks.html.

It should be noted that tribal environmental laws, in addition to federal environmental laws, may 

regulate many operations conducted by tribal governments and private entities within a 

reservation. As such, tribal governments may also play the role of the regulator for many 

facilities in Indian country. The regulatory authority is discussed in Chapter 2 and Chapter 4. 

1.3 SCOPE OF THE TRIBAL PROFILE – EVERY TRIBE IS DIFFERENT

It is impossible to describe every aspect of tribal governments, tribal government operations, or 

Native American history and culture. Tribes and native communities are numerous and diverse 

as well as culturally rich and unique, and have differing perspectives on, and interests in, 

environmental protection. A tribal government may not have each (or any) of the operations 

described in Chapter 3. However, it is possible to provide general insight into tribes and more 

specific insight into the range of environmental issues encountered. Of course, a tribal 

government’s facilities may have unique characteristics that are not fully captured in the Tribal 

Profile. The Tribal Profile serves, therefore, as an effective guide to tribes and EPA personnel to 

help them understand and address environmental issues. 

To produce a manageable document, the Tribal Profile focuses on providing summary 

information for each topic. This format provides a synopsis of each issue, and references where 

more in-depth information is available. Text originated from a variety of sources, and was 

usually condensed from detailed sources pertaining to specific topics. This approach allows for a 

wide coverage of activities that can be further explored using the references listed throughout the 

Tribal Profile. 

1.4 THE TRIBAL PROFILE IS ADAPTABLE TO PARTICULAR NEEDS

EPA encourages tribal governments and other groups to supplement or re-package the 

information contained in the Tribal Profile to include more specific information that may be 

available. EPA plans to make the information contained in the Tribal Profile available online at: 

http://www.epa.gov/compliance/tribal/assistance. 

April 2007 www.epa.gov/compliance/tribal/resources Chapter 1: page 3 
Sector Notebook Project Profile of Tribal Governement Operations 

Chapter 2 

CHAPTER 2. OVERVIEW OF TRIBAL GOVERNMENTS

2.1 TRIBAL GOVERNMENTS – OVERVIEW OF HISTORY AND STRUCTURE 

There are three distinct types of sovereign 

governments within the United States – the 

federal government, tribal governments, and 

state governments; the federal government is 

also responsible for fourteen insular areas, 

including Puerto Rico and the Virgin Islands. 

Tribes possess significant powers of 

governance. The relationship between the United States and tribes is of one government to 

another government. This principle has shaped the entire history of dealings between the federal 

government and the tribes, and is lodged in the Constitution. Because the United States Supreme 

Court has recognized that the Constitution vests authority over Indian affairs in the federal 

government, generally, states have no authority over tribal governments. Tribal governments are 

not subordinate to state governments. 

For the purposes of the Profile, the term tribal 

government means any Indian or Alaska Native 

tribe, band, nation, pueblo, village or community

that appears on the list of federally-recognized 

tribes published annually by the United States

Department of the Interior [http://www.doi.gov]. 

Most tribal governments exercise jurisdiction over a single reservation and portions of a 

reservation may not be contiguous. Some tribes, however, share a reservation but maintain 

separate tribal governments. Other tribes share a reservation and govern together in a 

confederation, and some tribes lack any reservation. There is one formal reservation in Alaska 

and over 200 Alaska Native village corporations and 13 regional for-profit corporations in 

Alaska. 

Tribes have the inherent right to choose the form of government that best suits their practical and 

cultural needs. Many tribes adopted constitutions patterned loosely on the Constitution after 

passage of the Indian Reorganization Act (IRA) of 1934. Other tribes operate under Articles of 

Association or other bodies of written law. Still other tribes have retained their traditional forms 

of government, which are codified in tribal customs and have added nontraditional elements, as 

appropriate. Thus, tribal governments are complex systems that vary from tribe to tribe. In each 

case, tribal governments are responsible for the people, resources, and activities within their 

jurisdictions except those aspects that have been withdrawn or modified by treaty, case law or by 

the United States Congress. IRA tribes and those tribes with written laws exercise this 

responsibility by making and enforcing laws and adjudicating cases, though not necessarily 

through separate branches of government. 

April 2007 www.epa.gov/compliance/tribal/resources Chapter 2: page 1 
Sector Notebook Project Profile of Tribal Governement Operations 

The chief executive of a tribe, if one exists, is generally called the tribal chairperson, but may 

also be called principal chief, governor, president, administrator, or other name. The chief 

executive usually presides over what is typically called the tribal council or tribal business 

committee. Therefore, many tribal governments are like parliamentary bodies in that they 

combine executive and legislative functions. Typically, the tribal council performs the 

legislative function for the tribe, although some tribes require a referendum of the membership to 

enact laws. Tribal legislative authority includes, but is not limited to, regulation of commercial 

and business relations, environmental protection, land use regulation, regulation of domestic 

relations among members, some police powers, and chartering of business organizations. Tribes 

typically establish departments or agencies with responsibility for both regulating activities and 

providing services. The most common departments are listed below: 

 Environment and/or natural resources; 

 Health and welfare; 

 Law enforcement; 

 Education; and 

 Housing. 

Tribal governments may also establish a formal judicial structure that can ultimately seek tribal 

administrative or judicial sanctions to enforce tribal laws. Of course, some tribes retain 

traditional community-based forms of jurisprudence that conduct the same activities and provide 

the same services. 

The Secretary of the Interior is responsible for acknowledging tribes pursuant to the Federally 

Recognized Indian Tribe List Act of 1994, 25 USC 479a. When federal recognition exists, the 

result is a trust responsibility flowing from the federal government to the tribe as a beneficiary. 

The Secretary publishes a list of federally-recognized tribes each year. To date, the Secretary of 

the Interior has acknowledged 562 tribal governments; no Alaska Native Village corporations are 

recognized. These federally-recognized tribes are disbursed throughout the United States. The 

heaviest concentration of tribes is in Alaska (227 tribes), California (106 tribes), Oklahoma (38 

tribes), and Washington (29 tribes). There are over 55.7 million acres (approximately 3% of the 

United States) of tribal trust lands in the United States. In addition, Alaska Native Corporations 

retain title to 44 million acres, and individual tribes also own additional non-trust lands. In the 

2000 Census, 4.1 million people identified themselves as American Indian and Alaska Natives 

(1.5 percent of the total United States population). Of that number, 2 million reported their 

enrollment in a particular tribe. 

Exhibit 2-1 provides a national map of federally-recognized tribes and each Environmental 

Protection Agency (EPA) Region. 

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Exhibit 2-1. National Map of Federally Recognized Indian Tribes 

The remainder of this chapter offers a broad overview of how tribes approach providing services 

and environmental regulations, and the role of public participation in tribal governments. 

2.2 APPROACHES FOR PROVIDING SERVICES

Tribal governments have a special responsibility to their members. Tribes provide essential 

services and participate in the reservation economy both as a government (regulator) and as an 

entrepreneur and service provider because the tribe is typically a major business/facility owner 

within its own jurisdiction. Tribal businesses and services are as diverse as the tribal 

governments providing them. With respect to services, the mechanisms through which tribal 

governments provide the services are also diverse. Tribal governments often provide services 

through their own employees. A tribe, for example, may hire and retain its own personnel and 

equipment (e.g., dumpsters, trucks) to collect solid waste within its boundaries. In contrast, a 

tribe may negotiate a contract with a private waste management company to collect solid waste. 

Through either mechanism, the tribal government is providing the service. It should also be 

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noted that even though a tribal government may not actually conduct the operation (e.g., collect 

solid waste) when contracting with a private company, the tribal government may still be 

responsible for the environmental compliance of that operation and contractor. Tribal 

governments may be responsible for meeting environmental requirements of its operations, 

whether they actually conduct them or not. 

Tribal governments may also provide tribal members with services through federal grants, 

contracts, compacts, and cooperative agreements through the Indian Self-Determination and 

Education Assistance Act (Public Law 93-638, as amended). This statute allows tribes to assume 

programs provided for federally-recognized tribes by the Interior and Health and Human 

Services Departments, especially those of the Bureau of Indian Affairs (BIA) and the Indian 

Health Service (IHS). Examples of such programs include the operation of healthcare facilities 

for IHS or schools operated by the BIA. Tribes may also operate federally-funded housing 

programs through block grants provided under the Native American Housing Assistance and Self 

Determination Act of 1996. Under these programs, tribes operate and maintain physical assets, 

infrastructure, and services initially funded with federal resources, including highways and roads, 

schools, water and sewerage facilities, and solid waste disposal systems. In these cases, the 

tribal government usually has the responsibility for environmental compliance. The federal 

government may also provide these and other services directly to tribal governments and tribal 

members. When the federal government provides the service, depending on the nature of federal 

involvement, the federal government may be responsible for environmental compliance, under 

federal and applicable tribal laws. 

In certain situations, tribal governments may choose to enter into agreements with state and local 

governments to provide or share services. For example, a tribe and a local government may 

agree to allow the local government to collect solid waste within the tribe’s boundaries. These 

agreements may be used to conserve financial resources or when a tribal government chooses not 

to provide these services itself. In other situations, individual tribal members can select the 

service provider(s) of choice (e.g., pest control, phone service). 

2.3 REGULATION OF TRIBAL GOVERNMENT OPERATIONS

Federal and tribal environmental statutes and regulations are major tools to protect the 

environment and human health in Indian country. Federal environmental statutes are enacted 

into law by the United States Congress and, in accordance with these statutes, EPA and other 

federal agencies develop corresponding regulations. Tribal environmental statutes are put into 

place by tribal governments. Both federal and tribal environmental statutes may contain 

enforcement mechanisms to deter and punish noncompliance. 

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The Government-to-Government 

Relationship 

Under EPA’s 1984 Indian Policy, EPA 

recognizes tribal governments as sovereign 

entities with primary authority and 

responsibility for the reservation populace. 

Accordingly, EPA will work directly with tribal 

governments as the independent authority for 

reservation affairs, and not as political 

subdivisions of states or other governmental 

units.

Federal and tribal environmental laws and 

regulations apply to many tribal government 

operations. In the case where a tribe is a provider of 

a service or the owner and/or operator of a business, 

the tribe is both the regulator of the operation and the 

regulated entity, generally with different parts of the 

tribal government carrying out the separate 

functions. Under certain circumstances, tribal 

governments may implement federal environmental 

programs in the same manner as states. In these 

instances, the tribe is again both the regulator of the 

operation and the regulated entity. EPA-approved state programs generally do not apply in 

Indian country. EPA is responsible for ensuring compliance with federal environmental laws in 

Indian country, even when a tribe is operating a federal environmental program. Chapter 4

contains additional information on federal statutes and regulations applicable to tribal 

government operations. 

2.4 TRIBES AND ENVIRONMENTAL PROTECTION

Tribes’ interest in, and authority over, environmental protection can arise from statutes, federal 

executive orders, Indian treaties, agreements with the United States and/or state and local 

governments, or as a result of aboriginal title. Tribes generally exercise exclusive jurisdiction 

over civil claims arising in Indian country that implicate tribal interests. While, as a general rule,

federal courts have held that tribes do not have inherent jurisdiction over non-members, the 

federal courts have established important exceptions to this general rule. In Montana v. United 

States, the United States Supreme Court held that a tribe “may regulate...the activities of nonmembers who enter consensual relationships with the tribe or its members [or] the conduct of 

non-Indians on fee lands within its reservation when that conduct threatens or has some direct 

effect on the political integrity, the economic security, or the health or welfare of the tribe.” 

Montana v. United States, 450 U.S. 544 (1981). 

Under their own inherent tribal authorities, many tribes are developing environmental protection 

programs and exercising jurisdiction over tribal members and, in some cases, non-members. 

There is great variation in the scope and in the issues addressed by tribal environmental 

protection programs. These variations are due to multiple factors, including a tribe’s location, 

the environmental conditions faced by each tribe, a tribe’s individual relationship with the United 

States (by way of treaty, executive order, statute, or other situation), a tribe’s relationship with 

surrounding state governments, and a tribe’s size and financial and technical expertise. Because 

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each tribe is unique and has a unique history, a specific tribe’s environmental program may cover 

some but not all environmental regulatory areas and may include a broad variety of regulations 

associated with planning, monitoring, permitting, and licensing. Ensuring compliance with the 

tribe’s regulations is achieved through providing compliance assistance, conducting inspections, 

and taking enforcement actions. 

A number of federal Indian treaties and federal laws explicitly reserve rights pertaining to the 

environment. These rights include rights to fish, hunt, and gather, rights to mineral estates and 

water rights. Some treaties explicitly reserve such rights within Indian reservations. Other 

treaties, particularly in the Pacific Northwest and the Great Lakes regions, reserve such rights 

both within reservation areas and also within ceded territories where the tribes traditionally 

maintained “usual and accustomed” hunting, fishing, or gathering places. Some treaties do not 

contain any explicit reservation of hunting, fishing, or gathering rights. Nonetheless, courts have 

held that treaties carry those rights necessary to realize the primary purposes of the treaty. How 

these off-reservation reserved rights or tribal resource claims in ceded areas may impact federal 

environmental program implementation should be addressed on a case-by-case basis. 

2.5 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS

EPA recognizes tribal governments as the primary parties for setting standards, making 

environmental policy decisions, and managing programs for Indian reservations, in a manner 

consistent with Agency standards and federal regulations. Tribal governments may assume full 

or partial responsibility for a variety of EPA programs; EPA retains aspects of certain 

enforcement programs even when a tribe gets delegation of the whole program. 

Federal environmental statutes that allow for EPA authorization of tribal assumption of federal 

programs or a substantial role for tribes are: 

 Federal Insecticide, Fungicide, and Rodenticide Act; 

 Safe Drinking Water Act; 

 Comprehensive Environmental Response, Compensation, and Liability Act; 

 Clean Water Act; and 

 Clean Air Act. 

In addition, eligible tribes may apply for approval to run certain federal environmental programs 

under two additional statutes: 

 Toxic Substances Control Act; and 

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 Emergency Planning and Community Right-to-Know Act. 

To assume regulatory program responsibility and be treated “in the same manner as a state,” 

tribes must generally meet the following criteria: 

 

 The tribe must be federally-recognized; 

 The tribe must have or be able to exercise substantial governmental powers; 

 The tribe must have or have been delegated jurisdiction over the area in question; and 

 The tribe must be reasonably expected to have the capability to effectively implement a 

program. 

One important criterion for EPA’s evaluation of a tribal application for assumption of an 

environmental program is whether the functions to be exercised are within the applicant tribe’s 

jurisdiction. EPA asks tribes that are applying for regulatory program eligibility to demonstrate 

that they have adequate authority over the activities to be regulated. Demonstrating jurisdiction 

over activities on trust lands or lands owned by a tribe is usually relatively straightforward. 

Under principles of federal Indian law, tribes generally have inherent sovereign authority to 

regulate both their members and land held in trust (although specific federal statutes may have 

affected this general principle for some tribes). 

As part of the evaluation, EPA examines whether a tribe has jurisdiction over non-member 

activities on non-member-owned fee lands within the boundaries of an Indian reservation, where 

a tribe seeks approval for such activities. EPA generally analyzes whether a tribe has jurisdiction 

over non-member activities on fee lands with respect to two potential sources of authority: 1) a 

tribe may have inherent authority over these activities; or 2) Congress may, by statute, delegate 

federal authority to a tribe. 

In general, once a tribe has established one of the criteria, above, it need not reestablish that same 

criteria for subsequent programs. It must only establish that it has jurisdiction and capability for 

each subsequent program. If a tribe does not have capability, it must have a plan for acquiring 

capability over time. This capability is required because each program may require different 

skills and activities to provide the level and type of protection required by specific statutes and 

regulations. 

Chapter 4 provides additional information on tribal regulatory programs, including which 

programs are eligible for treatment in the same manner as a state. 

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2.6 DIRECT FEDERAL IMPLEMENTATION IN INDIAN COUNTRY

In general, when tribal governments are unwilling or unable to assume full responsibility for 

federal environmental programs, EPA retains authority for directly implementing and enforcing 

these programs in Indian country. Given that environmental program responsibility requires 

capability and significant resources, tribes do not always find it practical to assume full 

responsibility for federal environmental programs. 

Based upon a variety of factors, including program costs, availability of technical expertise, 

availability of technical assistance and maintenance costs, tribal governments may select certain 

high-priority activities, but may decide not to assume an entire regulatory program. When tribes 

decide not to undertake certain activities under federal environmental programs or when tribes 

do not to apply for entire programs, EPA retains direct implementation and enforcement of those 

environmental management programs. 

The following is an illustrative selection of some tools that can provide assistance to tribal 

programs in situations where EPA directly implements programs in Indian country: 

 Establish Tribal-EPA Environmental Agreements (TEAs) that identify tribal priorities and 

help with budget development; 

 Develop Regional and National Environmental Work plans based on TEAs; 

 Fine-tune Regional strategies so that direct implementation is consistent with tribal 

priorities; and 

 Establish Direct Implementation Tribal Cooperative Agreements (DITCA) which allows 

tribes and eligible intertribal consortia to assist EPA in meeting its statutory obligations. 

 

2.7 TRIBAL CAPACITY TO MANAGE FEDERAL ENVIRONMENTAL PROGRAMS

Tribal governments relate to the reservation environment both as a government and as a 

participant because they are often regulators, major landowners, and business owner/operators 

within their own jurisdictions. The diversity of tribal governments – structure, number, 

geography, environmental issues, and financial resources – affects their capacity to manage 

federal environmental programs and ensure regulatory compliance. 

EPA and a variety of other federal agencies provide resources to support tribal capacity to 

manage environmental programs. The Indian Environmental General Assistance Program 

(GAP) Act (42 USC 4368(b)) provides a significant source of grants to build tribal capacity to 

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administer environmental programs and to provide technical assistance from EPA in the 

development of multimedia environmental management and/or regulatory programs. Capacitybuilding activities eligible for GAP funding include planning, hiring staff, environmental 

monitoring, and assessing environmental resources and pollution threats. In addition, many EPA 

program-specific grants help to build tribal environmental capability and can be used in concert 

with GAP grants to establish integrated tribal environmental programs. 

Tribal governments must ensure that resources are available to operate and maintain regulated 

activities. In this situation, tribal governments operate like any government, business, 

organization, or household and manage cash inflow and outflow, savings accounts, investments, 

and debt. There may be a wide range of revenue sources available to tribes. These revenue 

sources include tribally owned or operated businesses, taxes, natural resource severance fees, 

royalties, and federal funds. For many tribal governments, like other government entities, 

revenue sources do not always cover expenses. Limited revenue sources may impact the 

services provided and environmental performance. 

2.8 PUBLIC PARTICIPATION

Public participation can help ensure that tribal members and non-tribal members who reside in 

Indian country are afforded opportunities to meaningfully participate in the decision-making 

processes on issues which may impact their environment and public health. From planning a 

project or activity through implementation, such participation should involve the people who will 

be most affected in decision-making processes. This helps mitigate conflicts and 

misunderstandings and prevent consequent delays in operations. 

Public participation activities can be divided into two basic categories: 1) public outreach and 

education; and 2) public involvement. Public outreach and education tools are designed to 

increase the public’s awareness of environmental issues pertaining to government operations. 

Public involvement tools are designed not only to inform the public, but also to encourage 

activism and involve the public in decision-making processes. Public involvement is also 

important in fostering good relationships and open communication among operators of 

tribal government facilities, tribal governments, tribal members, non-tribal members, and other 

stakeholders. Examples of non-member involvement in tribal government processes include 

administrative procedures like processes for tribal regulation or inclusion of non-tribal members 

on regulatory boards. 

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Chapter 3 

CHAPTER 3. TRIBAL GOVERNMENT OPERATIONS

Tribal governments, regardless of size, location, or demographics, provide a variety of services 

to their populations. This chapter provides an overview of many of these operations and 

activities, presents the potential environmental impacts of the operations/activities, and identifies 

the environmental requirements to which these operations/activities may be subject. The 

following sections are not exhaustive discussions of every aspect of the specific tribal operation. 

Instead, they attempt to highlight activities with the greatest potential to impact the environment. 

Chapter 4 presents additional information on specific environmental requirements. 

A significant aspect of all of the operations presented in this chapter is pollution prevention. Not 

only does pollution prevention reduce the amount of waste that must undergo treatment and 

disposal, it also plays an important role in helping regulated facilities achieve compliance. For 

these reasons, this chapter begins with an overview of pollution prevention and its relationship 

with compliance; additionally, each section on a specific operation discusses pollution 

prevention practices. 

3.1 POLLUTION PREVENTION AND COMPLIANCE ASSISTANCE

Pollution knows no boundaries. Pollution originating in the air, on the land, in the water, even 

on the other side of the world, can eventually disperse around the globe and degrade human 

health and the environment. Pollution prevention can be applied across these environmental 

media (i.e., air, water, and land) to address both point source and nonpoint sources of pollution. 

Pollution prevention, also known as 

source reduction, is any practice that 

eliminates or reduces pollution at its 

source. Pollution prevention is achieved 

through material substitutions, process 

changes, and the more efficient use of 

natural resources (e.g., raw materials, 

energy, water, and other resources). 

Through pollution prevention, the use and 

production of hazardous substances can be minimized, thereby protecting human health, 

strengthening economic well-being, and preserving the environment.

The EPA’s Pollution Prevention (P2) Web site 

[http://www.epa.gov/p2/] offers up-to-date 

information about pollution prevention practices and 

source reduction programs and initiatives administered 

by EPA and other organizations. For additional 

pollution prevention information specifically for tribes, 

and to share your tribe’s pollution prevention successes 

with others, go to Tribal Pollution Prevention Web site

[http://www.tribalp2.org/]. 

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3.1.1 BENEFITS OF POLLUTION PREVENTION

Pollution prevention is one of the best ways for tribes to conserve natural resources and decrease 

chemical exposures and environmental degradation. At the same time, reducing pollution also 

allows tribes to meet compliance standards, save money on materials and energy costs, and 

reduce liability. Information on waste streams, along with pollution prevention tips and 

strategies, is included in this chapter. 

Putting pollution prevention practices in place can: 

 Help tribes and tribal facilities meet compliance standards; 

 Improve practices and procedures to ensure continued compliance; and 

 Reduce risk of employee exposure to hazardous waste by creating safer working 

conditions. 

Practicing pollution prevention can: 

 Save money in production and material costs; 

 Reduce solid and hazardous waste disposal costs; and 

 Increase regulatory compliance and avoid penalty fees. 

3.1.2 IMPLEMENTATION OF POLLUTION PREVENTION

Many tribal governments integrate pollution prevention into their operations. Tribal pollution 

prevention practices can be applied across a wide variety of operations, including during 

wastewater pretreatment, purchasing and procurement opportunities, building construction and 

operation, and educational activities. 

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3.2 PURCHASING PRACTICES THAT ENCOURAGE REGULATORY COMPLIANCE AND 

POLLUTION PREVENTION

Tribal governments use numerous 

products as they perform services for 

tribal members. Product manufacturing 

(including raw material extraction), 

transportation, use, and disposal can 

generate byproducts that stress tribal, national, and global environmental resources and pose 

health threats to product users and the public. By incorporating environmental and health criteria 

into purchasing specifications, tribal governments can reduce or avoid the use of potentially 

harmful chemicals, reduce the risk of accidents and toxic releases, and more easily achieve 

regulatory compliance. 

The Office of the Federal Environmental Executive 

[http://www.ofee.gov/gp/gp.htm] provides 

information on the Federal Green Purchasing Program 

and a wealth of other green purchasing tools. 

Green purchasing practices (e.g. purchasing energy efficient equipment, low toxicity cleaning 

materials, recycled content products) are important components of effective pollution prevention 

programs and can also lead to cost savings, manifested in reduced energy costs and reduced 

hazardous material disposal costs. 

Presidential Executive Order 13101 (which strengthens Executive Order 12873) Greening the 

Government Through Waste Prevention, Recycling, and Federal Acquisition, directs federal 

agencies to set goals to increase their use of recycled content products and other environmentally 

preferable products and services. Many tribal and state governments have voluntarily adopted 

policies that support the Executive Order and have increased their procurement of recycled 

products and products that are less hazardous, non-toxic, energy efficient, and generate less 

waste. 

3.2.1 ENVIRONMENTALLY-PREFERABLE PRODUCT ALTERNATIVES

The waste stream, and the types of emissions generated by the activities of tribal governments, is 

directly affected by the products they purchase or use. Choosing environmentally-preferable 

alternatives to products that are considered hazardous, or that contribute to wastes covered under 

environmental regulations, is a preventive strategy available to any tribe involved in product 

requisition. Various sections of the Tribal Profile provide information on specific wastes 

generated and pollution prevention opportunities as does EPA’s Environmentally Preferable 

Purchasing Web site [http://www.epa.gov/opptintr/epp/], where you will find tools, documents, and 

guidance, including a comprehensive database for specific products. 

3.2.2 TOP POLLUTION PREVENTION OPPORTUNITIES

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The following list highlights selected strategies for preventing pollution through purchasing 

practices: 

 Adopt a purchasing policy that promotes the integration of environmental and health 

criteria in all product specifications; 

 Educate tribal staff about health effects associated with chemicals commonly contained in 

the products they use or are exposed to, and provide information on alternatives; 

 Choose one department/operation at a time to incorporate environmentally-preferable 

products; start with a group where you are most likely to succeed. Review final product 

specifications with product users or operation supervisors to ensure that their needs are 

satisfied; 

 Encourage users to choose environmentally-preferable products; 

 Involve product end-users throughout the decision-making process. Request that vendors 

perform product demonstrations for staff, and compare products; 

 Review all purchases and read all product Material Safety Data Sheets and product labels 

for potential environmental and health impacts prior to purchase and use; 

 Check products for durability; 

 Make sure products can be safely used and stored (e.g., adequate storage locations and 

ensure personal protective equipment is available). 

 Avoid purchasing products that are potentially harmful to the user, public, or environment 

(e.g., contain known or suspected carcinogens or other toxic ingredients), or purchase the 

least toxic products available to do the job. 

 Prevent the generation of hazardous wastes in operations by eliminating products that 

contain hazardous ingredients. 

 Participate in cooperative purchasing ventures with other jurisdictions to increase 

availability of environmentally-preferable products, leverage purchasing power, and reduce 

internal costs associated with the formal bid process. 

 When researching environmental purchasing, utilize resources and expertise available from 

vendors, manufacturers, government agencies, non-profits, and other organizations. 

 Consider environmental and health impacts associated with a product’s life cycle prior to 

drafting bid specifications (“product life cycle” includes raw material extraction or 

development, product manufacturing, transportation to market, product use, and disposal). 

 Implement waste reduction activities (e.g., lease agreements that require vendors to take 

responsibility for products as they become obsolete; require prospective bidders to avoid 

excess paper and packaging in their bid and proposal submittals such as avoiding plastic 

covers and dividers, using both sides of paper, and using post-consumer recycled content 

paper; specify copiers and printers with double-sided printing capabilities). 

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 Begin an energy conservation program and invest in energy-efficient equipment and 

building design (specify EPA “Energy Star” certified equipment and require equipment 

installers to activate efficiency features upon product installation). 

3.3 PUBLIC SAFETY

Tribal governments help ensure public safety and provide emergency planning, fire protection, 

and police protection. Emergency planning and response activities include analyzing community 

hazards, developing a local emergency response plan to prepare for and respond to oil and 

chemical emergencies, and responding to hazards and suppressing them. Exhibit 3-1 outlines the 

range of public safety activities a tribal government may undertake. 

Exhibit 3-1. Public Safety 

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3.3.1 CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION

In general, tribal governments have the basic 

responsibility for understanding risks posed 

by chemicals, managing and reducing those 

risks, and handling emergencies on land 

under their jurisdiction. Some tribal 

governments must meet requirements both as regulated entities, and as regulators, under the 

Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA regulates both 

emergency planning and the dissemination of information on certain chemicals to the public. 

The RCRA, Superfund, and EPCRA Training Module

[http://www.epa.gov/superfund/contacts/sfhotlne/ce

rep.pdf] contains release-reporting requirements, gives 

some general information on EPCRA, and provides 

hotline phone numbers. 

EPCRA and the Clean Air Act’s (CAA) chemical accident prevention provisions in section 

112(r), require facilities to report on hazardous chemicals they store or handle. These two laws 

provide an array of complementary information on what chemicals are in the community: what 

chemicals are present at each location, what hazards these chemicals pose, what chemical 

releases have occurred in the area, and, what steps industry is taking to prevent additional 

accidents. The information can be used to enhance the community emergency response plan and 

protect tribal communities from chemical hazards. 

3.3.1.1 PLANNING: TRIBAL EMERGENCY RESPONSE COMMISSIONS AND OTHER OPTIONS

Eligible tribes may assume the same role as states in the development of chemical emergency 

preparedness and prevention programs under EPCRA and the CAA. There are several other 

options available to tribes to ensure effective EPCRA coverage in Indian country; these options 

involve working with another tribe, or a consortium of tribes, or the state within which it is 

located, to achieve a workable program. Every community in the United States, including Indian 

reservations, must be part of a comprehensive plan. 

Tribal Emergency Response Committee 

Under sections 301-303m of EPCRA, tribal governments that do not enter into cooperative 

agreements with states or other tribes establish Tribal Emergency Response Committees 

(TERCs) to ensure the development of an emergency planning and implementation structure 

sufficient to meet the reservation’s needs. A TERC functions as the focal point of EPCRA 

compliance, regardless of how much the tribe works independently or contracts with outside 

agencies. If a TERC is not established, and the tribal government has not entered into a 

cooperative agreement to provide this function, then the tribal executive branch (this may be the 

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tribal chief executive or body) operates as the TERC and is responsible for the planning 

committee’s functions. 

TERCs can provide training, technical 

assistance, and information to 

communities within Indian country so 

they know what to do in the event of a 

chemical accident. Additionally, TERCs 

establish procedures for receiving and 

processing public requests for 

information collected under EPCRA, and 

obtain further information about a particular chemical or facility, when needed. Finally, TERCs 

supervise a Local Emergency Planning Committee (LEPC). Federal funding for TERC activities 

may be available from EPA’s Chemical Emergency Preparedness and Prevention Office or from 

the Federal Emergency Management Agency. See Appendix F, EPA Financial Assistance 

Resources. 

Visit EPA’s Chemical Emergency Preparedness and 

Prevention Web site 

[http://yosemite.epa.gov/oswer/ceppoweb.nsf/content

/index.html] for information about chemical emergency 

preparedness and prevention programs and initiatives 

administered by EPA and other organizations. Tribes 

may wish to review the Gila River Indian Communities 

emergency planning code at the Model Tribal 

Emergency Response Commission Ordinance page 

[http://www.chemicalspill.org/tribal.html]. 

LEPC Responsibilities 

Tribal governments that establish TERCs are not required to establish a LEPC. If a TERC 

decides to establish a LEPC, then the LEPC could be given authority to develop a contingency 

plan to prepare for and respond to emergencies involving hazardous substances on the 

reservation. If the TERC does not establish a LEPC, then the TERC is responsible for all aspects 

of the emergency planning and response program outlined below. 

If a tribe forms a LEPC, its membership includes, at a minimum, tribal officials such as police, 

fire, civil defense, public health, transportation and environmental professionals, industry 

representatives of facilities subject to the emergency planning requirements of EPCRA, 

community groups, and the news media. All members of the LEPC may be tribal members. 

A LEPC-developed contingency plan should include: 

 The identity and location of hazardous materials;

 Procedures for an immediate response to a chemical accident; 

 Public notification of evacuation or shelter-in-place procedures; 

 Industry contact names; and 

 Timetables for testing and updating the plan. 

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In addition to requirements imposed by EPCRA and the CAA, tribal governments must comply 

with all applicable federal right-to-know laws. Tribal governments may require steps in addition 

to the ones imposed by EPCRA. 

Other Emergency Response Options 

Tribal governments may decide not to establish a TERC. Instead, tribal governments may decide 

to develop an EPCRA program through formal collaboration with another tribe or tribes, or the 

adjacent state(s). These collaborative EPCRA programs could be designed to meet specific tribal 

needs and leverage resources. For example, a TERC could implement some but not all of 

EPCRA’s requirements, while allowing a state to implement other appropriate parts of the 

program through a cooperative agreement with the State Emergency Response Commission 

(SERC). Another option is for a tribe to authorize the SERC to perform appropriate functions of 

the TERC within Indian country, to establish a LEPC, or join an off-reservation LEPC, that 

works directly with the SERC through a cooperative agreement. 

3.3.1.2 RISK MANAGEMENT PROGRAM

Under CAA section 112(r), all chemical facilities 

with processes exceeding a threshold quantity for 

77 acutely toxic substances (such as chlorine and 

ammonia) and 63 highly volatile flammable 

substances (when used as fuel) must adopt a Risk 

Management Program (RMP). All facilities must 

submit a summary, with RMP, to EPA. The RMP includes: 

The National Safety Council’s Environmental 

Health Center Web site 

[http://www.nsc.org/ehc/rmp.htm contains 

information on Risk Management Programs, 

including safety, compliance, and enforcement 

issues. 

 The facility hazard assessments, including worst-case release and alternative release 

scenarios; 

 The facility accident prevention activities, such as the use of special safety equipment, 

employee safety training programs, and process safety hazards analyses conducted by the 

facility; 

 The past chemical accidents at a facility; 

 The management system in place at the facility; and 

 The facilities emergency response program. 

At present, EPA has authority for implementing CAA section 112(r) for Indian country. Tribes 

that EPA finds eligible for treatment in the same manner as a state under the CAA’s Tribal Air 

Rule (40 CFR Part 49) can apply for authorization to administer the RMP program. Under this 

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approach tribes should ensure that their chemical safety regulatory program is at least as 

stringent as the federal program in order to strengthen enforcement capabilities. 

3.3.1.3 PROVIDING CHEMICAL INFORMATION TO THE PUBLIC

Under EPCRA, LEPCs receive hazardous chemical inventory and emergency release 

information submitted by facilities and have access to toxic chemical release information 

supplied by facilities to EPA. LEPCs can provide this information to tribal officials, tribal 

community leaders, and the public to aid in preparing for emergencies and managing chemical 

risks. 

The following describes the EPCRA reporting requirements for chemicals: 

 Hazardous Chemical Reporting. Under EPCRA, TERCs/LEPCs receive hazardous 

chemical inventory information submitted by facilities and make it available to the public 

upon request. Facilities with chemicals that are present in excess of certain amounts are 

required to submit either actual copies of Material Safety Data Sheet (MSDS) or lists of 

MSDSs chemicals to LEPC, the TERC, and the local fire department. This reporting 

requirement has been in effect since October 1987. In addition, these facilities must submit 

annual inventories to the same agencies, which are due on March 1 of each year. 

TERCs/LEPCs make this information available to the public, and fire departments and 

public health officials use the information to plan for and respond to emergencies. Tribal 

governments may be subject to the reporting requirements if they have or use any of the 

specific chemicals in excess of the threshold amounts. 

 Emergency Release Notification. Under EPCRA, TERCs/LEPCs receive emergency 

release information submitted by facilities and make it available to the public upon request. 

A facility is required to immediately notify the community and the tribe (i.e., the TERC and 

the LEPC) of a release of more than a predetermined amount of certain hazardous 

chemicals. Chemicals covered by this requirement include not only the 366 “extremely 

hazardous substances,” but also more than 700 hazardous substances subject to the 

emergency notification requirements of the Comprehensive Environmental Response, 

Compensation, and Liability Act (CERCLA or Superfund) hazardous waste cleanup law. 

The emergency release notification activates emergency plans, and the information on 

emergency releases is considered in the LEPC planning process. Tribal governments are 

also subject to this notification requirement. All oil spills are to be reported to the National 

Response Center (NRC) at (800) 424-8802. 

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 Toxic Chemical Release Reporting. TERCs/LEPCs, as well as the public, have access to 

an EPA database called the Toxic Release Inventory (TRI), which contains information on 

annual toxic chemical releases submitted by 

certain facilities. Under EPCRA, 

specific facilities must estimate and 

report each year the total amount of 

toxic chemicals that they release into 

the environment, either accidentally or 

as a result of routine plant operations, 

or transport as waste to another location. EPA’s TRI Explorer offers access to TRI data to 

help tribes and communities identify facilities, hazardous substances, and chemical disposal 

or other release patterns that warrant further study and analysis. 

3.3.2 FIRE PROTECTION AND EMERGENCY RESPONSE

Tribal governments may be responsible for providing fire protection services to their 

communities. Fire protection services and responsibilities include fire response and suppression 

(i.e., firefighting), salvage (i.e., pumping water out of 

basements), investigation of fires, repair and 

maintenance of equipment, and fire prevention. Tribal 

fire departments may also be the first to respond to a 

hazardous chemical emergency (i.e., hazardous 

response). 

Combined with hazard and exposure 

information, EPA’s TRI Explorer Web site 

[http://www.epa.gov/triexplorer/] can be a valuable 

tool for risk identification.

Some tribal governments have their own fire departments that operate on the reservation. These 

fire departments have their own equipment and employees and operate within the reservation 

boundaries. Other tribes contract with off-reservation fire departments and private companies to 

provide firefighting services on the reservation. Several tribes coordinate with fire departments 

from surrounding jurisdictions to provide “first response” and other services to reservations and 

the surrounding areas. 

The size and type of tribal firefighting operations depend upon several factors, such as 

population density, cost, reservation size, the range and type of flammable objects, topography, 

and staffing abilities. 

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3.3.2.1 FIRE PROTECTION

Fire departments have a primary role in emergency planning and mitigation, including fire 

response and suppression, and hazardous materials response. Because fire protection activities 

can affect the environment, they may be subject to environmental laws and regulations, as 

indicated in the following list: 

 Emergency planning – EPCRA 

 Fire response and suppression – CAA and EPCRA 

 Hazardous materials response – Resource Conservation and Recovery Act (RCRA) and 

Clean Water Act (CWA) 

3.3.2.2 EMERGENCY PLANNING

Firefighters may be appointed to TERCs/LEPCs under the emergency planning provisions of 

EPCRA. Tribal fire departments may also receive information about hazardous chemicals from 

facilities in the form of MSDSs or lists of MSDS chemicals and hazardous chemical inventory 

forms which are submitted to the TERC and LEPC. Tribal first responders should be properly 

trained to deal with emergencies involving chemical hazards. 

3.3.2.3 FIRE RESPONSE AND SUPPRESSION

Agents used for fire suppression vary based on the location and type of fire. Halons, which are 

low toxicity, chemically stable compounds, have been used historically for fire and explosion 

protection. Halons are now known to contribute to the depletion of the ozone layer and have 

been phased out of production; the production and importation of new halons is banned in the 

United States. Recycled halon is now the only source of supply. 

Firefighters use a number of traditional fire extinguishing agents, including water, carbon 

dioxide, dry chemicals, and foam, that are good alternatives to halons for many fire protection 

applications. Research has led to the commercialization of new agents and technologies, such as 

halocarbon compounds, inert gas mixtures, water-mist or fogging systems, and powdered 

aerosols. The potential environmental impacts from firefighting activities using water are soil 

and water contamination from runoff. Also, many conventional synthetic foams contain solvents 

regulated under EPCRA. 

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3.3.2.4 EMERGENCY RESPONSE TO HAZARDOUS MATERIALS RELEASE

In the event of a spill, TERCs and LEPCs can 

take the steps necessary to protect public 

health and safety as well as the environment. 

If another party is responsible for a 

hazardous materials spill, tribes may seek to 

bill the responsible party for the expenses 

incurred in protecting the community and the 

environment. In addition, reimbursement may be sought for any materials used by safety 

personnel to control a spill, protect the environment, and mitigate the hazard. 

The Emergencies, Accidents, and Spills page of 

EPA’s Solid Waste and Emergency Response Web site 

[http://www.epa.gov/oswer/emergencies.htm] has 

up-to-date information on Emergency Response –

sudden threats to the public health and the

environment arising from the release or potential 

release of oil, radioactive materials, or hazardous 

chemicals into the air, land, or water. 

Depending upon the type of hazardous material released, various response techniques may be 

used to control the spill and minimize the impacts on human health and the environment. The 

key to effectively combating spills is careful selection and proper use of the equipment and 

materials most suited to the type of spill and the conditions at the spill site. The types of 

response techniques include: 

 Mechanical containment or recovery, such as 

booms, barriers, and skimmers, as well as 

sorbent materials, that are used to capture and 

store the spilled material until it can be

disposed of properly; 

Response techniques: 

 Mechanical containment and recovery 

 Chemical and biological methods 

 Physical Methods 

 Chemical and biological spill containment methods such as chemical and biological 

agents, the use of which requires EPA or U.S. Coast Guard On Scene Coordinator 

authorization per the National Contingency Plan, as listed in 40 CFR 300.900; and 

 Physical methods, such as natural processes of evaporation, oxidation, and biodegradation. 

As these processes take time, they might not be the most expeditious, depending on the type 

of spill. 

Sorbents contaminated with hazardous materials must be disposed of according to the hazardous 

waste provisions of RCRA. 

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3.3.3 POLICE PROTECTION

Tribal police protection involves law enforcement, traffic safety, and other activities related to 

preservation of law and order in areas that contain tribal members. Some tribal governments 

have assumed police responsibilities entirely while other tribes either contract with, or rely on, 

BIA for this service. In either case, primary policing responsibilities include patrol, 

investigative/detective force, traffic regulation, and crime prevention. 

3.3.3.1 FIRING RANGES

Firing practices may contaminate the soil, and possibly the groundwater, with lead from the 

birdshot, bullets, and bullet fragments, as well as produce airborne lead dust. 

Firing ranges can install devices that intercept and collect the shot and bullets for recycling and 

substitute less hazardous materials (e.g., plastic and steel shot) for the lead shot. To reduce 

and/or eliminate lead pollution, many indoor and outdoor firing ranges use bullet “traps.” Bullet 

traps use a rubber medium to capture bullets and contain them, as well as a filter system to 

eliminate airborne lead dust. These traps prevent the lead pollution of air and soil, which would 

normally occur from a bullet’s impact with metal, sand, or the ground. Most firing ranges hire 

salvage companies to recover, clean, and recycle the bullet traps and filter systems. The disposal 

of bullets and bullet fragments recovered from a bullet trap may be regulated under the 

hazardous waste provisions of RCRA. 

EPA’s current position is that firing of birdshot, bullets, and bullet fragments at firing ranges is 

considered to be within the normal and expected use pattern of the manufactured product, and is 

not a waste management activity subject to the RCRA regulations. The bullets and bullet 

fragments are not characterized as “hazardous wastes” because they have not been discarded. 

Where an imminent and substantial endangerment to health or the environment may have been 

created by expended shot or debris, however, remedial requirements may apply under RCRA. In 

addition, the remediation of lead-contaminated soil at a firing range, either for maintenance or 

site closure, is regulated under the hazardous waste provisions of RCRA and/or CERCLA. 

Under the provisions of EPCRA, firing ranges must report releases of lead dust transported by 

the wind. A release is reportable when more than 1 pound of lead particles smaller than 0.004 

inches in diameter is released beyond the boundaries of the site or facility. 

A discharge of lead shot, other ammunition, or broken targets into waters of the United States 

would be considered a discharge of pollutants into navigable waters and, thus, require a CWA 

National Pollutant Discharge Elimination System (NPDES) permit. EPA’s policy on shooting 

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ranges is found in “Best Management Practices for Lead at Outdoor Shooting Ranges” 

[http://www.epa.gov/region2/waste/leadshot/]. 

3.3.4 POLLUTION PREVENTION AND PUBLIC SAFETY

Public safety operations, especially emergency planning and response activities, can involve 

tribal, industry and other community representatives. Within the public safety arena, tribal 

governments have responsibilities as a regulated entity, an enforcement agent, a generator of 

various waste streams, and a provider of quality services to the constituents they serve. Pollution 

prevention can help tribal governments efficiently and effectively meet the regulatory 

requirements associated with public safety operations, provide value added services, and protect 

their community from chemical emergencies. The three primary functions associated with 

public safety are emergency planning, fire protection and emergency response, and police 

protection. The opportunities for pollution prevention within these three primary functions can 

best be realized by examining both a list of the wastes generated and the specific services 

provided through each of these functions. 

3.3.4.1 POLLUTION PREVENTION: EMERGENCY PLANNING

There are many pollution prevention opportunities associated with emergency planning. This is 

true even though no significant wastes are associated with emergency planning other than any 

wastes created by the clean up of a specific release. 

Tribes involved in emergency planning and response can promote and use pollution prevention 

as a tool to better manage the risks in their communities by working with facilities to reduce and 

eliminate the chemicals posing the risk. Through EPCRA, tribes and communities are provided 

valuable information regarding the presence, quantities, and release of chemicals in their 

environment. This information can be used to identify prevention priorities and establish a basis 

for tribes, tribal members, and EPA to target and approach specific facilities. 

Top Pollution Prevention Opportunities 

 Encourage facilities which are required to develop risk management plans to consider 

pollution prevention strategies to reduce the type and quantity of chemicals stored on-site to 

avoid this EPCRA and CAA regulation; 

 Establish a tribal pollution prevention task force to investigate ways to access federal 

pollution prevention resources to address chemical concerns and priorities; 

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 Incorporate pollution prevention requirements into Right-to-Know and other tribal laws; 

and 

 Sponsor and/or co-sponsor pollution prevention workshops and other educational events 

for industrial facilities. 

3.3.4.2 POLLUTION PREVENTION: FIRE PROTECTION AND EMERGENCY RESPONSE

Pollution prevention opportunities associated with fire prevention and emergency response 

include limiting the use and generation of waste. Fire protection services usually involve vehicle 

and equipment maintenance activities similar to those associated with public works and other 

tribal government operations. For specific guidance regarding pollution prevention opportunities 

for vehicle/equipment maintenance operations, please refer to Section 3.12.4. 

Top Pollution Prevention Opportunities 

 Incorporate pollution prevention strategies through training and response protocols that 

will minimize the waste generated and long-term environmental impacts associated with the 

response incident without compromising human health and property; 

 Incorporate strategies within emergency and fire response protocols and responder training 

courses to maximize the containment of spilled materials and contaminated fire suppression 

run-off and to prevent migration to waterways, sewers, and permeable surfaces; 

 Incorporate the use of reusable absorbent booms and pads for materials containment to 

replace clay and other absorbent materials that can only be used once. Reusable booms and 

pads can provide the opportunity to recover a percentage of the material released and 

significantly reduce the amount of waste generated; 

 Consider the use of halon-free suppression materials where appropriate and develop a 

specific protocol for using halon suppressants only for situations where a suitable 

alternative is not available; 

 Review training exercises and other drill activities for opportunities to substitute less 

hazardous and non-hazardous materials, and incorporate water reuse and conservation 

measures where and when the effectiveness of the training is not compromised; and 

 Promote site-specific pollution prevention strategies through fire code inspections and 

enforcement activities. 

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3.3.4.3 POLLUTION PREVENTION: POLICE PROTECTION

Many activities related to police protection can produce waste, including photoprocessing wastes 

(fixers, developers, film cleaners, etc.), vehicle maintenance wastes, gun cleaning wastes 

(solvents, rags), shooting range wastes (spent casings, lead slugs, lead dust emissions), batteries, 

and office paper and other solid wastes. 

Top Pollution Prevention Opportunities 

 Consider the use of digital cameras to eliminate and/or reduce the need for 

photoprocessing; 

 Recycle photo waste; most liquid photoprocessing wastes can be recycled through a large 

commercial photoprocessing company or metals reclaimer; 

 Consider the use of ceramic or other non-lead bullets for training where the effectiveness 

of the training is not compromised. Where alternatives to lead bullets are not suitable, the 

use of traps and other devices should be employed at both indoor and outdoor shooting 

ranges to capture bullets and bullet fragments for recycling; and 

 Recycle office paper, cardboard, and other significant solid waste streams. 

3.4 HEALTHCARE

Tribes, the federal government (i.e., the Indian 

Health Service), and a variety of public and 

private parties operate hospitals and healthcare 

facilities in Indian country to support the 

healthcare needs of tribal communities and 

tribal members. These operations include 

small hospitals, clinics, physician and dentist 

offices, diabetes centers, home-based care, 

alternative medicine, nutritional counseling, pharmacies, dental and orthodontic care, substance 

abuse treatment, mental health counseling, and preventive care. These operations also include 

ambulatory healthcare services, nursing and residential care facilities, and social assistance. 

EPA’s Profile of the Healthcare Industry

[http://www.hercenter.org/links/] and the 

Healthcare Environmental Resource Center Web site 

[http://www.hercenter.org] provide detailed 

compliance and pollution prevention information on 

the healthcare sector. Tribes may also want to obtain 

information from the Indian Health Service Web site 

[http://www.ihs.gov/]. 

Many healthcare activities also result in the generation of waste and air or water pollution. 

Healthcare operations can contribute to the presence of mercury, dioxin, and other persistent, 

bioaccumulative toxics (PBTs) in the environment. Healthcare operations also generate a wide 

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variety of hazardous waste, such as chemotherapy and antineoplastic chemicals, mercury, 

solvents, formaldehyde, photographic chemicals, radionuclides, and waste anesthetic gases. In 

addition, healthcare providers produce tons of solid waste and may also own or operate 

hospital/medical/infectious waste incinerators (HMIWI), underground storage tanks, 

aboveground storage tanks, boilers, air conditioners, motor vehicle fleets, and engage in other 

activities associated with construction and property management. Pesticides, including but not 

limited to disinfectants, are also used in healthcare facilities. 

Producing an exhaustive list of every healthcare activity that impacts the environment or is 

regulated would be extremely cumbersome and ultimately would distract the focus from those 

functions within the healthcare industry that create problem wastes and pollution. That said, 

EPA’s Profile of the Healthcare Industry identifies key functions and activities that are the major 

sources of waste and pollution within health sector institutions. 

After identifying environmental impacts by activity, healthcare facilities can begin to address the 

major waste streams and emission sources. Healthcare wastes can be categorized as follows: 

 Municipal solid waste. The majority of healthcare wastes are produced under 

circumstances identical to restaurants and food industry facilities, hotels, and office 

complexes. The industry generates large volumes of solid waste (much of which could be 

sub-categorized as recyclable waste). A special subcategory of municipal solid waste to be 

considered is construction and demolition (C&D) debris. 

 Biohazardous waste. Regulated under the Medical Waste Tracking Act of 1988, this 

healthcare waste can potentially harbor and transmit infectious diseases. This includes a 

wide range of materials that are considered contaminated or that pose special risks. 

 Hazardous waste. To be considered hazardous waste under RCRA, waste must either be 

listed or characteristic. Listed wastes are specifically named in 40 CFR Part 261. 

Characteristic wastes are ignitable, reactive, corrosive, or toxic. 

There are some special waste streams that fall most logically under 

the heading of “hazardous” because of their unique nature and the 

risks inherent in each of them. The Profile of the Healthcare 

Industry refers to them as pharmaceutical waste, commingled waste 

(e.g., commingled “biohazardous,” chemical waste or mixed 

radioactive waste, and commingled nonhazardous and hazardous 

wastes), pressurized containers and ignitable compressed gas, and universal waste. In some 

cases, each of these “special” wastes is RCRA listed or RCRA characteristic wastes, and 

disposal should follow the RCRA hazardous waste requirements.

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 Air emissions. At hospitals, air emissions come from boilers, air conditioning and 

refrigeration, HMIWI (if on site), asbestos, paint booths, ethylene oxide sterilization units, 

emergency generators, anesthesia, laboratory chemicals, and laboratory fume hoods. 

HMIWI are used by hospitals, healthcare facilities, and commercial waste disposal 

companies to burn hospital waste and/or medical/infectious waste. When burned, hospital 

waste and medical/infectious waste may emit various air pollutants, including hydrochloric 

acid, dioxin/furan, and toxic metals (i.e., lead, cadmium, mercury). 

In each case, healthcare providers may be subject to multiple federal and tribal environmental 

laws and regulations. Potentially applicable federal laws include: the CAA, CWA, EPCRA, and 

RCRA. Tribal governments should obtain EPA’s Profile of the Healthcare Industry and review 

a variety of Tribal Profile sections, including those on Construction/Property Maintenance, Solid 

Waste Management, and Pesticides Management to better assess their regulatory requirements. 

3.4.1 HOSPITALS, HEALTHCARE WORKERS AND EMERGENCY RESPONSE

Hospitals are vital to the success of any emergency response plan. Ambulance crews and 

emergency room personnel must know how to transport and treat victims of exposure to 

hazardous chemicals. Without such knowledge, victims of chemical accidents can contaminate 

emergency rooms and cause hospitals to close temporarily. 

Doctors, nurses, and trained medical professionals can be a valuable resource in emergency 

planning and response. They can also be an 

important source of information about risks to the 

public health in their communities. Some of the ways 

they can participate in emergency planning include: 

 Volunteering to be a health professional 

representative on the LEPC, or offering to assist 

the LEPC in its work; 

 Participating in programs to train medical 

personnel to deal with emergencies involving chemical hazards; and 

 Screening information submitted under EPCRA to determine if any acute or chronic health 

effects may be associated with hazardous substances on the reservation. 

In a more general sense, health professionals may be approached to provide and interpret 

information on chemicals and their impacts on patients. The law allows health professionals to 

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gain access to chemical identity information, even if it is claimed as trade secret, in three 

different situations: 

 If the chemical identity is needed for the diagnosis and treatment of an exposed person; 

 If a medical emergency exists in which the chemical identity is needed to aid in diagnosis 

or treatment; and 

 If a health professional who is a tribal government employee requests a chemical’s identity 

to conduct preventive research studies and to render medical treatment. 

Except for medical emergencies, a written statement of need and a confidentiality agreement 

must accompany a health professional’s request for a chemical’s identity. 

3.4.2 POLLUTION PREVENTION AND HEALTHCARE 

Within the healthcare industry, numerous opportunities exist to prevent pollution. By 

implementing well-planned pollution prevention strategies, facilities can improve efficiencies, 

save money, minimize adverse environmental impacts, and create a healthier workplace. 

Opportunities vary from facility to facility and relate to the volumes and types of activities. The 

Profile of the Healthcare Industry and the Healthcare Environmental Resource Center Web site 

[http://www.hercenter.org] provide an understanding of some of the most common pollution 

prevention opportunities available and highlight some examples of strategies by waste type. 

The Healthcare Profile provides pollution prevention information on the following key topics: 

 Environmental Management Systems 

(EMS) and EPA’s “Healthcare Guide to 

Pollution Prevention Implementation 

through Environmental Management 

Systems,” is a comprehensive resource for 

understanding and developing an EMS 

specific to a healthcare facility. This 

document is available at the EPA Region 2 

Compliance Healthcare Web site 

[http://www.epa.gov/region02/healthcare/]. 

 Purchasing/Product Substitution/Source 

Reduction opportunities exist in many areas 

within healthcare operations. Environmentally preferable purchasing (EPP) can reduce the 

waste generated at a facility. The Sustainable Hospitals project is, among other things, 

Web sites with resource information for 

source reduction include the Hospitals for 

a Healthy Environment (H2E) site 

[http://www.h2e-online.org/] and the 

Sustainable Hospitals project site 

[http://www.sustainablehospitals.org/cgibin/DB_Index.cgi]. H2E is designed to help 

healthcare facilities enhance work place 

safety, reduce waste and waste disposal 

costs and become better environmental 

stewards and neighbors.

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designed to support the healthcare industry select products and work practices that reduce 

occupational and environmental hazards. 

 Process changes are intentional modifications of activities that reduce pollution and there 

are abundant opportunities for this in healthcare operations. Some process changes with 

environmental benefits also have other benefits, such as cost containment or improved 

service or product quality. Examples of healthcare process changes include switching to 

digital imaging for radiology processing (reduces silver waste outputs) and improving 

waste segregation systems (reduces biohazardous waste outputs, increases the likelihood 

that wastes can be collected and handled in the most appropriate and cost-effective fashion, 

separating solid waste outputs and recyclable waste outputs). 

 Recycling opportunities are widespread throughout most healthcare facilities. Waste 

volumes can dramatically be reduced if systems are in place to capture recyclable materials 

such as cardboard, paper, glass and aluminum beverage containers, scrap metals, wood 

waste, kitchen grease, and selected plastics. Opportunities also exist for reducing 

hazardous waste through recycling initiatives. 

The treatments chosen to address health issues also can have environmental impacts and less 

toxic treatments, where appropriate, can prevent pollution. For example, pharmaceutical use of 

lindane-containing products was banned in California because residues from these products were 

contaminating drinking water. Because lindane can be toxic to the brain and other parts of the 

nervous system, the Centers for Disease Control and Food and Drug Administration permit the 

use of lindane-containing products for treatment of head lice and scabies with caution and only 

when treatment with safer alternatives has failed. 

3.5 TRIBAL GOVERNMENT ENTERPRISES

Tribal government enterprises allow tribes to foster economic development while simultaneously 

maintaining control over the enterprises’ impacts on the environment, natural resources, and 

tribal cultural values. Tribal enterprises provide much of the financial resources needed to 

manage day-to-day government operations as well as a full governmental infrastructure. Tribes 

around the country operate numerous facilities, such as schools, medical facilities, utility 

departments, businesses, factories, and other revenue producing ventures. Some tribes 

encourage economic development and have micro-loan organizations that provide assistance to 

tribal members who have business plans intended to contribute to Indian country’s growing selfsustainability. The popularity of the gaming industry has provided the capital necessary to 

attempt other forms of economic development, and many tribes have been quite successful. 

Additionally, revenue sharing with non-gaming tribes has provided start-up costs and matching 

funds for smaller tribes that do not have casinos.

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3.5.1 FORESTRY

Many tribal governments with forests on their reservation are responsible for regulating forestry 

operations and related activities. In other cases, 

forests are the responsibility of tribal members, nontribal members, and the federal land management 

agencies, including the U.S. Forest Service 

(Department of Agriculture) and the Bureau of Land 

Management and the National Park Service 

(Department of the Interior). Regardless of regulatory 

responsibility, forests often contain areas of spiritual 

or religious value, medicinal or ceremonial plants, 

archaeological sites, and areas of traditional hunting, fishing and gathering use, as well as areas 

of scenic and aesthetic value. 

Where tribes are responsible for regulating forest uses, tribes can meet their political, spiritual, 

social, and economic needs concurrently through sustainable forestry management – the use of 

forests in a way and at a rate that maintains their productivity, biodiversity, regeneration 

capacity, and potential to fulfill relevant ecological, economic, and social functions. For more 

information on sustainable forest management, visit the U.S. Forest Service Web site 

[http://www.fs.fed.us/]. As an economic incentive to encourage sustainable forest management, 

tribal forestry operations might consider certifying their management practices through one of 

several independent organizations [http://www.fs.fed.us/sustained/links.html]. A case study on a tribal 

sustainable forest management program is found at the Forest Stewardship Council’s news and 

media site [http://www.fscus.org/news/?article=155] and an example of sustainable forest management 

is Menominee Tribal Enterprises “The Forest Keepers”: The Menominee Forest-Based 

Sustainable Development Tradition [http://www.epa.gov/ecopage/upland/menominee/forestkeepers.pdf]. 

For specific information, see “Forestry Production Industry: Operations, Impacts, and Pollution 

Prevention Opportunities” in The Profile of the Agricultural Crop Production Industry at EPA’s

Profile of the Agricultural Crop Production Industry Web site 

[http://www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/crop.html]. 

Forestry activities can contribute to nonpoint source pollution and water quality degradation 

through erosion, removal of streamside vegetation, destruction of habitat, and the use of 

pesticides and nutrients, primarily commercial fertilizers. Additional information about these 

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issues is found in Section 3.7.1, Surface Water Protection and in Section 3.10, Pesticide 

Management. 

3.5.2 GAMING

Gaming is a form of economic development that has provided income for tribes and job growth 

on certain Indian reservations. Some tribes currently conduct a range of gaming enterprises, 

including bingo, horse and dog racing, and casinos. The Indian Gaming Regulatory Act of 1988 

(IGRA) regulates gaming on Indian reservations. Under IGRA, tribes must have a gaming board 

that creates rules and regulations, reports to the federal government, and conducts the 

background checks necessary to make sure the tribe’s casino is in compliance with federal 

standards. Additionally, IGRA provides standards for compacting with state governments for 

gaming enterprises, and sets the appropriate taxation rates for individual gaming revenue. 

Finally, the IGRA requires, in part, “the construction and maintenance of the gaming operation, 

and the operation of that gaming [be] conducted in a manner that adequately protects the 

environment and the public health and safety.” 

The IGRA created the National Indian Gaming 

Commission (NIGC), an independent federal 

regulatory agency, with responsibility for 

regulating gaming activities on Indian 

reservations. Among its other responsibilities, 

NIGC is authorized to conduct investigations; undertake enforcement actions, including the 

issuance of notices of violation, assessment of civil fines, and/or issuance of closure orders; 

conduct background investigations; conduct audits; and review and approve tribal gaming 

ordinances. IGRA also provides the NIGC the responsibility for overseeing gaming operations 

conducted by tribes. 

The National Indian Gaming Commision Web Site

provides information on gaming activities on

Indian lands. See NIGC website at 

[ http://www.nigc.gov/ ] 

Gaming revenues are allocated by tribal governments for many different uses within several 

major use categories. Many tribes put the revenue back into the tribe’s infrastructure and build 

administration offices, healthcare facilities, housing, and recreation sites. Other tribes distribute 

gaming revenue to their members directly through a “per capita” allotment process or on an “as 

needed” basis to members who apply. Gaming revenue proceeds are also used to encourage the 

development of other tribal business ventures. For some tribes, the proceeds make up a 

substantial portion of annual tribal revenue. 

Gaming enterprises do not typically have any unique potential to impact the environment; 

instead, gaming operations have the potential to impact the environment in much the same way 

as other similar buildings – during the building construction phase and through building 

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operations, including dealing with stormwater and other drainage issues, and air quality impacts 

associated with motor vehicle traffic and boiler operations. See Section 3.6 (Construction/ 

Property Management) for common environmental impacts and applicable regulations associated 

with building construction and operation. 

3.5.3 AGRICULTURE

Tribes engage in a wide array of agricultural 

operations. These operations include raising 

animals and growing fruits and vegetables for 

sale, as well as overseeing animal farms, 

medicinal herb gardens, and the production and 

collection of rare indigenous flora, such as blue 

corn and wild rice. The environmental impacts, and relevant regulations, of agricultural 

operations are the subject of separate EPA Sector Notebooks providing resources and other 

compliance assistance tools, which can be found at the EPA’s Compliance Assistance 

Agriculture Sector site [http://www.epa.gov/compliance/assistance/sectors/agriculture.html]. 

EPA’s Compliance Assistance Agriculture Sector 

site 

[http://www.epa.gov/compliance/assistance/sectors/

agriculture.html] provides information on 

environmental impacts, relevant regulations, and 

other compliance assistance tools. 

Agricultural operations are subject to the requirements of many federal environmental statues. 

Under the CWA, there are five program areas that potentially affect agricultural operations, 

including point source discharges, storm water discharges, nonpoint source pollution, wetland 

regulation, and sludge management. The Federal Insecticide, Fungicide, and Rodenticide Act 

(FIFRA) has a significant impact on the day-to-day operations of may agricultural operations. 

Other relevant statutes pertaining to the agriculture sector include RCRA, CERCLA, EPCRA, 

CAA, Toxic Substances Control Act (TSCA), and Coastal Zone Management Act (CZMA). 

Agricultural operations should review the information found in Section 3.6.5 (Underground 

Storage Tanks), Section 3.6.6. (Aboveground Storage Tanks), Section 3.7 (Water Resource 

Management) and Section 3.10 (Pesticides) of the Tribal Profile. In addition, agriculture 

operations should review other relevant EPA Sector Notebooks, including The Profile of the 

Agricultural Crop Industry, The Profile of the Agricultural Livestock Industry, and The Profile of 

the Agriculture Chemical, Pesticide, and Fertilizer Industry. See Appendix I of the Tribal 

Profile.

The following presents a brief discussion of agricultural pollutants and their environmental 

impacts: 

 Nutrients. Excess nutrients in water (i.e., phosphorus and nitrogen) can result in or 

contribute to low levels of dissolved oxygen (anoxia), eutrophication, and toxic algal 

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blooms. These conditions may be harmful to human health and ecosystems and may 

adversely affect the suitability of the water for other uses. 

 Sediment. Sediments affect the use of water in many ways. Suspended solids reduce the 

amount of sunlight available to aquatic plants, cover fish spawning areas and food supplies, 

clog the filtering capacity of filter feeders, and clog and harm the gills of fish. Turbidity 

interferes with the feeding habits of fish. These effects combine to reduce fish and plant 

populations and decrease the overall productivity of waters. 

 Animal Wastes. Animal waste includes the fecal and urinary wastes of livestock and 

poultry; process water (such as from a milking parlor); and the feed, bedding, litter, and soil 

with which fecal and urinary matter and process water become intermixed. Manure and 

wastewater from animal feeding operations have the potential to contribute pollutants such 

as nutrients (e.g., nitrogen and phosphorus), organic matter, sediments, pathogens, heavy 

metals, hormones, antibiotics, and ammonia to the environment. Decomposing organic 

matter (i.e., animal waste) can reduce oxygen levels and cause fish kills. 

 Salts. Salts are a product of the natural weathering process of soil and geologic material. 

In soils that have poor subsurface drainage, high salt concentrations are created within the 

root zone where most water extraction occurs. The accumulation of soluble and 

exchangeable salts (i.e., metal compounds in the soil that can chemically change) leads to 

soil dispersion (i.e., movement of soil in air and water), structure breakdown, decreased 

infiltration, and possible toxicity; thus, salts often become a serious problem on irrigated 

land, both for continued agricultural production and for water quality considerations. High 

salt concentrations in streams can harm freshwater aquatic plants just as excess soil salinity 

damages agricultural crops. 

 Pesticides. The primary pollutants from pesticides are the active and inert ingredients, 

diluents, and any persistent degradation products. Pesticides and their degradation products 

may enter groundwater and surface water in solution, in emulsion, or bound to soils. 

Pesticides may, in some instances, cause impairments to the uses of surface waters and 

groundwater. Some types of pesticides are resistant to degradation and may persist and/or 

accumulate in aquatic ecosystems. Pesticides may harm the environment by eliminating or 

reducing populations of desirable organisms, including endangered species. See Section 

3.10 (Pesticides) for more information. 

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3.5.4 TOURISM

Tribes often provide the public the opportunity to visit Indian reservations. Tourist enterprises 

include indoor recreation facilities – casinos, hotels, spas – and outdoor recreation facilities and 

activities – ski resorts, golf courses, and expeditions. While there are no potential environmental 

impacts or regulations that are unique to tourist enterprises, these activities have the potential to 

impact the environment in similar ways to corresponding non-tourist enterprises. See Section 

3.6 (specifically, the subsections on buildings (3.6.3) and outdoor recreation facilities (3.6.5)) for 

typical environmental impacts and applicable regulations of building construction and property 

management. 

Tribes may want to use EPA’s Environmental Enrichment for the Lodging Industry: A Toolkit 

Web site [http://www.epa.gov/seahome/hotelsnew.html] to improve the day-to-day operation and 

maintenance of hospitality and food service facilities. The toolkit includes approaches that can 

save money, improve the quality of guest experiences, and ensure the site’s sustainability as an 

attraction and environmental asset. 

3.5.5 FISHERIES AND SHELLFISH 

Tribal governments manage fisheries and shellfish resources for economic development, and to 

support cultural, subsistence, and religious activities. Tribes regulate and coordinate fishery and 

shellfish management programs within the exterior boundaries of their reservation and within 

specific adjudicated usual and accustomed fishing and shellfish grounds. In addition to federal 

and tribal law, tribes with treaties maintain guaranteed rights to harvest fish and shellfish in the 

places they had traditionally utilized. Some tribes also co-manage fisheries and other natural 

resources with states. In many instances tribes cooperate with federal, state, private, and public 

parties to protect, restore, and enhance the productivity and diversity of the ecosystems 

supporting fisheries and shellfish. 

Compliance with applicable federal and tribal environmental laws, as well as effective land, 

water, fish and shellfish management, is important to species survival and the maintenance of 

sustainable fisheries and shellfish beds and productive hatchery operations. 

3.5.5.1 OPERATIONAL ASPECTS

Tribes often have two types of fishery activities: (1) commercial, and (2) ceremonial and 

subsistence. Commercial operations are for profit – fish and shellfish are sold to buyers, who in 

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turn either sell directly to the public or to other commercial entities (i.e., wholesalers, restaurants, 

other distributors). Tribes collect taxes from tribal members who sell the fish or shellfish and 

those taxes are returned to the tribal programs to help pay for natural resource management. 

Ceremonial and subsistence fishing are intended for tribal use only. For many tribes, fish and 

shellfish have a central role in tribal gatherings (e.g., naming ceremonies, funerals, honoring 

elders). 

Fish hatcheries produce fish for stocking in tribal and non-tribal waters. The stocks are used to 

rehabilitate declining populations and to provide additional fish for commercial and ceremonial 

and subsistence uses. Fish hatcheries need a steady source of water to sustain the operation and 

typically consist of ponds and tanks and tanks and cages of various capacities for hatching and 

rearing aquatic species. Of course, the design of each hatchery reflects a tribe’s priorities, the 

type of fish being raised, and the fish’s life cycles. 

The water used to raise fish in hatcheries is returned into the stream or river from which it 

originated. This “wastewater” discharge, that has been in contact with cultured fish and contains 

hatchery fish wastes, can create a number of environmental problems. As a discharge to 

navigable waters of the United States, CWA NPDES permits are required generally with EPA or 

tribes issuing permits for discharges in Indian country and states generally issuing permits for 

discharges outside Indian country. EPA’s NPDES program Web site [http://cfpub.epa.gov/npdes/] 

provides information concerning NPDES permits. 

Hatchery waste products can include: uneaten food, fish carcasses, fish feces, nutrients 

(especially phosphorus), algae and benthic macrophytes, parasites, disease organisms, drugs and 

other chemicals. Solid and liquid pollutants are byproducts of raising fish in high densities 

within a confined facility. Although both fish and their wastes occur naturally in free-flowing 

systems, the unnaturally high concentrations of such wastes from fish raised in a concentrated 

setting can pose environmental problems. When flushed into waterways, the solids can settle 

beneath or downstream of the facility. These solids increase the turbidity and nutrient 

concentrations in streams and may decrease dissolved oxygen. The rich nutrient concentrations 

of phosphates and nitrates encourage the explosive growth of algae and benthic macrophytes. 

The growth of algae and benthic macrophytes changes the habitat and consumes oxygen in the 

water that other fish and plants need to survive. 

Chemicals and pharmaceutical drugs used to treat fish for parasites, as well as other drugs and 

chemicals used in aquaculture, also flow into downstream waters. The use of settling ponds 

greatly reduces or eliminates water quality concerns, and is an integral part of any tribal hatchery 

operation. Settling ponds are vacuumed before the water is released back into the water body; 

vacuumed waste is then disposed of in a landfill. 

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3.5.6 FUEL MANAGEMENT AND GASOLINE STATIONS

Tribes are often responsible for fuel management. Fuels managed include: gasoline, diesel fuel, 

fuel oil, and, in some cases heavier grades of oils. Fuel management operations include tank and 

pipeline management, management of runoff and environmental controls, and management of 

tank filling and refueling operations. Some of the wastes commonly generated in fueling 

operations, include tank bottom water, tank bottom sludges, spent solvents, and waste petroleum 

products. 

Both aboveground and underground storage tanks (AST and UST) are found at tank farms. 

Tanks typically are constructed of steel or fiberglass-reinforced plastic. 

One of the major concerns of fuel management is associated with runoff from rainwater and 

other environmental controls. Care should be taken in the design of fuel management areas to 

minimize the potential that runoff from “dirty” areas (those areas where fuel is managed) will 

make its way to areas where fuel is not managed. Clean runoff is discharged directly to 

stormwater systems. Runoff from fuel management areas generally should be discharged to 

treatment units, where fuel and other contaminants can be removed before the runoff is 

discharged to the storm water system. The treatment units may be as simple as gravity-based oilwater separators, or they may be extensive treatment systems designed to salvage the fuel for 

reuse. Increasingly, environmental controls are being installed to treat other wastes generated 

from tank farm operations, such as tank bottoms. 

Detailed information on USTs and ASTs, including the applicable federal regulations and 

pollution prevention opportunities is found at Sections 3.6.5 and 3.6.6. 

3.6 CONSTRUCTION/PROPERTY MANAGEMENT

Tribal governments may be responsible for 

constructing and maintaining roads, buildings, 

bridges, tunnels, treatment plants, and landfills, 

as well as for renovating and demolishing 

buildings. Construction and maintenance 

activities, which typically involve planning, 

coordination, and oversight by the tribal 

government, are essential to the infrastructure for transportation, administration, public services 

and housing. See Exhibit 3-2. Because many roadways, waterways and easements cross from 

EPA’s Compliance Assistance Construction Sector 

Web site 

[http://www.epa.gov/compliance/assistance/sect

ors/construction.html] provides up-to-date 

information on the construction sector. Appendix 

G and H of this Profile provide information on

green building cost savings and successes. 

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reservation land to federal, state, and local land, tribes have also entered into intergovernmental 

agreements that allocate responsibility for construction and maintenance. 

Exhibit 3-2. Construction and Maintenance 

CONSTRUCTION AND MAINTENANCE

Roads, Bridges,

and Tunnels

Traffic

Management

Maintenance

and Renovation

New

Construction

Buildings

New

Construction

Maintenance

and Repair

Renovation

and Demolition

3.6.1 FUNDAMENTAL ENVIRONMENTAL ISSUES OF CONSTRUCTION MANAGEMENT

It is important for tribes to engage in a dialogue with all parties involved in a construction project 

to ensure that the applicable environmental requirements are met. EPA’s Managing Your 

Environmental Responsibilities: A Planning Guide for Construction and Development (MYER 

Guide) [http://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer.html] provides 

a list of questions to help owners and contractors assign who is responsible for ensuring 

compliance with federal environmental regulations. The MYER Guide also contains self-audit 

checklists that will help tribes and construction companies evaluate their compliance status once 

a project is commenced. Finally, the MYER Guide can be used to facilitate compliance at the 

pre-bid, pre-construction, and construction phases of a project. 

Key issues discussed in the MYER Guide are: 

 Stormwater permits; 

 Dredge and fill wetlands (CWA Section 404) permit requirements; 

 Oil spill prevention requirements; 

 Hazardous and non-hazardous solid waste requirements; 

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 Hazardous substances (Superfund liability) requirements; 

 Polychlorinated Biphenyl (PCB) waste requirements; 

 Air quality requirements; 

 Asbestos requirements; and 

 Endangered Species Act (ESA) requirements. 

When planning and designing a construction project, tribes should consider applying “green 

design” principles and apply an environmental management system (EMS). That is, the tribal 

government should evaluate the environmental aspects and impacts of the project and establish 

procedures to minimize the impacts. EPA’s EMS Web site [http://www.epa.gov/ems/index.htm] 

provides comprehensive information about processes and practices. Green design resources are 

available at EPA’s Green Building Web site [http://www.epa.gov/greenbuilding/], the Homes Across 

America Web site [http://www.homes-across-america.org/], and the U.S. Green Building Council Web 

site [http://www.usgbc.org/]. 

In many cases, tribal governments hire contractors to assist or manage some operations, such as 

construction operations, tank monitoring or well sampling, solid waste disposal, or vehicle 

maintenance. Tribal governments should include reporting or monitoring methods directly in 

contract agreements to ensure that contractor operations comply with all federal and tribal 

regulations. 

It is important to note that administrative activities can also affect the severity of environmental 

impacts, as well as the relevant regulatory burdens, related to the construction and maintenance 

of tribal government facilities and housing units. 

3.6.1.1 LAND USE PLANNING AND ZONING 

Tribal governments use land use planning and community development planning to determine 

the uses of their land. Once a tribe makes a zoning decision the land cannot be used for another 

purpose unless it is first rezoned by the tribal government. 

Land use planning and zoning activities do not themselves create environmental effects. Rather, 

it is the results of these activities - the actual land use - that cause environmental impacts. Land 

use choices often determine whether natural resources are enhanced, conserved or depleted. 

Land used for residential, commercial, or industrial purposes can affect air, land, and water 

resources. Of course, abandoned sites that are restored can revitalize an area and reduce 

environmental risks as the site is cleaned up. By carefully considering the environmental 

impacts prior to making zoning decisions, the tribal government can either prepare for the impact 

of those decisions (i.e., concurrently construct stormwater catch basins while allowing 

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construction of a new parking lot) or make adjustments to ensure adequate protections are in 

place. 

3.6.1.2 NATIONAL ENVIRONMENTAL PLANNING ACT PROCESS AND INTER-GOVERNMENTAL 

 COORDINATION 

Tribal governments may also directly 

coordinate their efforts with EPA and other 

federal agencies in order to comply with 

federal statutes and regulations. When 

federal dollars are used to build on tribal trust 

lands or a federal permit is required for the 

project, the federal agency providing the funds or permit may need to assess the potential 

environmental impacts of the proposed project under the National Environmental Policy Act 

(NEPA). Using the agency’s NEPA implementing regulations, the responsible federal agency 

generally may ask the tribe to cooperate in this process and, if more than one agency is providing 

the funds or another agency needs to issue a permit, the other agencies may also be asked to 

cooperate with the NEPA assessment process. An environmental impact statement may be 

required in order to assess project impacts that significantly affect the quality of the human 

environment. 

EPA’s National Environmental Policy Act Web site 

[http://www.epa.gov/Compliance/nepa/index.html] 

has information on NEPA, including definitions,

information on impact statements, and details on how 

the EPA complies with NEPA. 

The NEPA assessment, which may be necessary when a tribal government’s construction project 

uses federal funds or requires a federal permit, may involve such issues as water quality or 

quantity, wetlands, air quality, land use, threatened or endangered species, potential impacts to 

sacred sites and items of cultural patrimony, and traditional hunting, fishing, and gathering 

rights. The NEPA process includes consideration of the applicability of other environmental 

laws and federal executive orders so that, as appropriate, they are incorporated into the NEPA 

review process as early as possible. Examples of applicable laws may include the ESA, the 

National Historic Preservation Act (NHPA), and the National Native American Graves 

Protection and Repatriation Act (NGPRA). 

For certain construction projects, impacts on receiving waters may be regulated under the CWA 

and may require the tribal government to obtain a permit for certain discharges which may 

include controls on discharge quantities or other control measures, including stormwater runoff 

controls. Air and noise impacts may be regulated under the CAA. The above impacts may also 

be regulated by tribal laws. 

In the case of land use, tribes are generally exempt from state and local regulatory authority for 

lands owned in trust. However, tribes often make efforts to meet with the planning and zoning 

boards of surrounding state and local jurisdictions. This enables tribal planners to ensure that the 

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tribe will meet its needs, while simultaneously taking into account the objectives of the 

surrounding jurisdictions. Tribal government coordination with state and local governments may 

also be necessary if construction and maintenance activities affect their respective interests and 

responsibilities. 

3.6.2 STORMWATER – APPLICATION TO CONSTRUCTION ACTIVITIES

Stormwater runoff from construction activities can significantly 

impact water quality. As stormwater flows over a construction 

site, it picks up sediment, debris, chemicals, and other 

pollutants. Polluted stormwater runoff can harm or kill fish and 

other wildlife and impact drinking water sources. 

Sedimentation can destroy aquatic habitat and high volumes of 

runoff can cause stream bank erosion. 

The NPDES Stormwater program requires 

operators of construction sites one acre or larger 

(including smaller sites that are part of a larger 

common plan of development) to obtain 

authorization to discharge stormwater under a 

NPDES construction stormwater permit. Tribal governments must apply for a construction 

stormwater permit if they meet either of the two parts of the stormwater regulation definition of 

“operator.” This means a tribal government should apply for permit coverage if the tribal 

government has operational control over either: 

EPA’s Stormwater Discharge for Construction

Activities Web site 

http://Epa.gov/npdes/stormwater/const

has more information to address construction 

issues.

 The construction plans and specifications, including the ability to make modifications to 

those plans and specifications (e.g., owner or developer of project); or 

 Day-to-day operational control of those activities at a project which are necessary to ensure 

compliance with a stormwater pollution prevention plan for the site or other permit 

conditions (e.g., general contractor). 

The development and implementation of stormwater pollution prevention plans is the focus of 

NPDES stormwater permits for regulated construction activities. 

EPA remains the permitting authority for most land in Indian country. For construction (and 

other land disturbing activities) in areas where EPA is the permitting authority, operators must 

meet the applicable requirements of the national EPA Construction General Permit (CGP); tribes 

in EPA Region 4 are covered by a region-specific construction permit. The CGP outlines a set of

provisions construction operators must follow in order to comply with the applicable 

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requirements of the NPDES stormwater regulations. The CGP covers any site one acre and 

above, including smaller sites that are part of a larger common plan of development or sale, and 

replaces and updates previous EPA permits. Tribes with questions about stormwater 

requirements or permits may contact the Notice of Intent Processing Center at (866) 352-7755 

for questions about filing by mail. Easy and fast online filing is available at the NPDES 

Electronic Stormwater Notice of Intent (eNOI) Web site 

[http://cfpub.epa.gov/npdes/stormwater/enoi.cfm]. 

3.6.3 BUILDINGS AND CONSTRUCTION 

Tribal government activities related to buildings 

include constructing new schools, public 

housing, administrative facilities, and other 

government buildings, maintaining and repairing 

those buildings, renovating old buildings, and 

demolishing unusable buildings. Because these 

activities could affect the environment, they may be subject to environmental laws and 

regulations, as indicated in the following list: 

The Construction Industry Compliance 

Assistance Center Web site

[http://www.cicacenter.org/] provides plain 

language explanations of environmental rules for 

the construction industry. 

 New construction – CWA, ESA, Rivers and Harbors Act, CAA, and NEPA 

 Maintenance and repair – CWA, RCRA, CAA, EPCRA, CERCLA, TSCA, FIFRA, and the 

Safe Drinking Water Act (SDWA) 

 Renovation and demolition – RCRA, CAA, and TSCA 

See, Appendix H for information on the Economic Benefits of Building Green and Appendix G

for Pollution Prevention Success Stories. 

3.6.3.1 NEW CONSTRUCTION

The construction of new buildings involves several 

activities, including clearing land, building the 

structure, and disposing of construction materials. 

Clearing Land for Construction. Clearing land entails 

the removal of vegetation and existing structures to 

prepare a site for construction. Clearing land can 

impact the environment by: 

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 Making it more susceptible to erosion, landslides, or floods; 

 Harming aquatic resources (particularly wetlands) and endangered species; and 

 Increasing the flow to storm sewer systems, leading to increased potential for downstream 

flooding and increased stream bank erosion in receiving waters. 

Stormwater runoff (which may contain sediment and construction waste) from new building 

construction has the potential to contaminate surface waters and must be controlled under the 

requirements of the NPDES stormwater program. Generally, most of the waste generated 

through building construction activities is non-hazardous solid waste. The disposal of these 

wastes may be regulated under a variety of federal and tribal laws. Hazardous construction 

wastes are regulated under the federal RCRA hazardous waste regulations. 

Additional impacts of construction activities include dust and odors from construction traffic, air 

emissions, noise, and vibrations from construction equipment.

New construction may directly affect wetlands if 

fill material is dumped in them. Sediment from 

construction sites may also negatively affect the 

hydrologic capacity of wetlands. Wetland losses 

may increase downstream flooding and may 

impact a wide variety of aquatic and upland species. If new construction could potentially 

impact aquatic areas, such as wetlands, tribal governments may need to obtain a permit before 

beginning a construction project. The U.S. Army Corps of Engineers (Corps) regulates any 

dredging and general construction in, over, and under navigable waters of the United States, 

under Section 10 of the Rivers and Harbors Act. The Corps also regulates the discharge of 

dredged and fill material into waters of the United States, which include wetlands. The 

discharge of dredge and fill material into wetlands is regulated under Section 404 of the CWA 

and may require a permit. In addition, controlling construction site discharges (particularly 

stormwater runoff) is regulated under the stormwater provisions of EPA’s NPDES permitting 

program, as well as local erosion and sediment control programs. 

EPA’s Wetlands Web site 

[http://epa.gov/wetlands] contains information 

to protect wetlands and ensure compliance with 

federal laws. 

Endangered species are plants and animals 

that, without special protection and 

management, are in danger of becoming 

extinct. Threatened species are likely to 

become endangered in the foreseeable future. 

Additional information on endangered species 

is available from the U.S. Fish and Wildlife

Service Endangered Species Web site 

[http://www.fws.gov/endangered/]. 

Endangered Species Act 

The ESA provides protection for federally listed, 

threatened, and endangered species of plants, 

animals, and their habitats. 

Tribal governments may need to directly coordinate 

construction issues with EPA and other federal 

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agencies in order to comply with federal statutes and regulations, including ESA and NEPA. 

Section 3.6.1.2 contains information on inter-governmental coordination issues. 

Construction Waste Disposal 

Most of the waste generated through construction activities is non-hazardous solid waste. 

Typical wastes generated at construction sites include concrete, steel, wood, rubber, asphalt, soil, 

and organic matter (i.e., tree stumps). The disposal of these wastes may be regulated under a 

variety of federal and tribal laws. Hazardous construction wastes are regulated under the federal 

RCRA hazardous waste regulations. Some tribal governments have regulations regarding the 

disposal of non-hazardous construction and demolition debris at special construction waste 

landfills. These tribes may allow debris, such as uncontaminated concrete and asphalt, to be 

used as fill material. 

Much non-hazardous construction and demolition materials from new construction (as well as 

renovation of roads, bridges, and buildings) can be recovered and recycled. EPA’s Construction 

and Demolition (C&D) Debris Web site [http://www.epa.gov/epaoswer/non-hw/debris-new/index.htm] 

provides more information. Also see Appendix E for additional resources. 

3.6.3.2 OPERATIONS, MAINTENANCE AND REPAIR

Tribal governments may be responsible for activities related to the operation, maintenance, and 

repair of buildings, including addressing indoor air quality issues, operating boilers and cooling 

systems, applying pesticides.

Indoor Air Quality–Lead Paint 

The use of lead-based paint was banned in 

1978; however, lead-based paint is still found 

in many older buildings and homes. When 

doors and windows are opened and closed, or 

painted stairs are walked upon, small 

amounts of lead paint dust can be released 

and then settle on room surfaces. Young children are particurly susceptible to the health effects 

of lead poisioning and pregnant women poisoned by lead can transfer lead to a developing fetus, 

resulting in adverse developmental effects. Since dust is continually released, damp mopping 

and dusting can help reduce dust accumulation and facilitate removal. Doors, windows, stairs, 

and other surfaces with lead-based paint that chip create more obvious problems. Vacuuming an 

area can remove lead-based paint chips but can also distribute lead dust unless a high efficiency 

EPA’s Lead Awareness Program Web site

[http://www.epa.gov/lead/] is a comprehensive 

source of information on EPA’s Lead in Paint, 

Dust, and Soil Program. It includes educational 

materials and a toll-free hotline. 

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particle accumulator (HEPA) vacuum is used. Lead dust may also be present in the soil around 

buildings or houses. Routine maintenance of buildings and homes – painting, plumbing or 

electrical work, or heating duct work, and carpet removal – can also disrupt surfaces painted with 

lead-based paint. While ground covering can minimize the disruption of the dust, doormats 

should be provided to wipe the dust in soil from shoes. These are “interim controls” that tribal 

governments can use to help reduce exposures to lead dust. 

A number of options exist for tribal governments to address lead-based paint issues. Tribal 

governments can replace windows, doors, or other surfaces painted with lead-based paint. 

During maintenance, fugitive dust can be reduced and contained by covering the area with 

polyethylene plastic sheeting and properly disposing of the sheeting after the work is completed. 

In addition, the work area should be kept wet or moist to reduce dust. Of course, workers and 

residents should be notified prior to any work in lead paint areas. Notification will allow 

residents to stay away from the building while work is conducted. Workers should wear proper 

personal protective equipment while conducting the work. Lead paint abatement must be 

conducted by persons trained and certified, and they must follow the specific work practice 

standards specified in TSCA 402 rules (40 CFR Section 745.227). 

Prior to conducting remodeling or renovation in a building with lead paint, tribal governments 

should review the EPA brochure entitled Reducing Lead Hazards When Remodeling Your Home

(EPA-747-K-91-007), available through the National Lead Information Center ((800) 424-

LEAD/5323) and also online from EPA’s Office of Pollution Prevention and Toxics 

[http://www.epa.gov/lead/pubs/rrpamph.pdf]. See section 3.6.3.3 for additional information on lead 

paint.

Indoor Air Quality – Mold 

Exposure to mold can cause a variety of health effects and symptoms, including allergies. The 

key to mold control is moisture control. Fix sources of moisture problems and maintain indoor 

humidity below 60% relative humidity, ideally 30 to 50%. Mold problems can be hidden behind 

walls or in air ducts. Mold may require remediation. EPA’s Indoor Air Mold Web site 

[http://www.epa.gov/mold] provides useful information on mold growth and cleanup options. 

Indoor Air Quality – Radon 

EPA’s A Citizen’s Guide to Radon Web site 

[http://www.epa.gov/iaq/radon/pubs/citgui

de.html] contains information on testing, 

effects, and links to more sources. 

Over the past 40 to 50 years, exposure to indoor air 

pollutants (i.e., radon) has increased, in part 

because of the construction of more tightly sealed 

buildings, the reduction in ventilation rates 

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(intended to save energy), the use of synthetic building materials and furnishings, and the use of 

chemically formulated personal care products, pesticides, and housekeeping supplies. Common 

effects of indoor air quality problems on occupants include headache, fatigue, shortness of 

breath, sinus congestion, coughing and sneezing, eye, nose, throat, and skin irritation, dizziness, 

and nausea. 

Radon is one particular indoor air pollutant of concern associated with this issue. Radon levels 

can vary from structure to structure. The average indoor radon level is estimated to be about 1.3 

picocuries per liter (pCi/L), and about 0.4 pCi/L of radon is normally detected in the outside air. 

The United States Congress has set a long-term goal for indoor radon levels to be no more than 

outdoor levels. While this goal is not yet technologically achievable in all cases, levels in most 

structures today can be reduced to no more than 2 pCi/L. EPA recommends followup radon 

testing or mitigation in buildings with levels of 4 or more pCi/L. 

The federal government, as well as most tribal governments, do not have regulations or 

established enforcement capabilities regarding indoor air quality in buildings, including schools. 

Accordingly, at this time, tribal governments are not required to enforce any federal standards for 

acceptable radon levels in commercial or residential buildings, including schools. However, 

tribes may pass regulations recommending radon mitigation to owners of buildings. 

Additionally, for some schools, financial or technical assistance may be available from EPA, 

BIA, and OSHA. 

Boiler Operations 

Tribal governments operate boilers to produce steam or electricity to heat government buildings 

or other buildings on the reservation, including casinos. Boiler operations include storing fuels 

and boiler chemicals, operating the boiler, maintaining the boiler, and disposing of residuals 

from fuel burning. Storing fuels and chemicals can affect the environment through spills that 

have the potential to reach groundwater or surface waters. Operating boilers may impact the 

environment through air emissions from fuel burning. Coal ash from fuel burning can 

contaminate waterways if it contains heavy metals or other toxics and is not disposed of in a 

manner that prevents it from coming in contact with waterways or rain water. 

The storage of liquid boiler fuel (e.g., heating oil) may be regulated under the Spill Prevention, 

Control, and Countermeasures (SPCC) program of the CWA, which requires the preparation and 

implementation of SPCC Plans to ensure that containment and other countermeasures are in 

place to prevent oil spills that could reach navigable waters. In this context, SPPC Plans are 

required for facilities with an aggregate aboveground storage capacity greater than 1,320 gallons 

or a completely buried storage capacity greater than 42,000 gallons. The storage of chemicals 

may be regulated under EPCRA or Section 112(r) of the CAA (risk management plans), which 

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requires the development of emergency plans and reporting based on the quantity of chemicals 

stored. See Section 3.10.3.1. 

Coal combustion byproducts (CCBs) may be either disposed of or put to beneficial use. When 

considered as a waste, CCBs are exempt from federal regulation as hazardous waste. For more 

information, see EPA’s Fossil Fuels Combustion Waste page of the Special Wastes site 

[http://epa.gov/epaoswer/other/fossil/index.htm]. Significant environmental benefits may be derived 

from the beneficial use of CCBs, particularly in the use of coal fly ash as a substitute for cement 

in the manufacture of concrere. There are many other beneficial uses for coal combustion 

products, including wallboard, road base, embankments, flowable fill, structural fill, snow and 

ice removal, and paint. EPA’s Coal Combustion Products Partnership Web site 

[http://www.epa.gov/c2p2/] provides more information. Air emissions from the boiler may be 

regulated under the CAA, which may require the tribal government to obtain a permit and meet 

emissions standards depending on the heat output of the boiler and date of boiler construction.

Cooling Systems 

Tribal governments operate cooling systems to maintain temperature and to store food in 

government buildings. Cooling systems contain refrigerants, such as chlorofluorocarbons 

(CFCs) or ammonia. If released, CFCs harm the environment by depleting the stratospheric 

ozone layer. The CAA requires maintenance of cooling systems to be conducted by certified 

personnel who are using certified equipment and following specified guidelines for reclaiming 

CFCs. The storage and use of ammonia may require reporting under EPCRA or CAA Section 

112(r). 

Landscaping 

With proper design, landscapes can add value to the local environment. During the design phase, 

careful consideration should be given to plant selection. For example, native plants can reduce 

the need for extensive pesticides and watering because they are locally adjusted to the pests and 

climactic conditions of the region. Landscaping during construction can reduce polluted runoff 

from construction sites. By installing vegetative buffers along water bodies and seeding dirt 

piles, construction runoff into lakes and streams is greatly reduced. Proper maintenance calls for 

reduced levels of pesticides and fertilizers and appropriate irrigation. Toxic quantities of 

chemicals from pesticides and fertilizers can seep into groundwater and leaching into waterways. 

Overuse of these chemicals is often complicated by over watering. Best management practices 

should be consulted for proper application of pesticides and fertilizers and strategies for efficient 

water use. EPA’s GreenScapes Web site [http://www.epa.gov/epaoswer/non-hw/green/] provides more 

information. 

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Pesticide Applications 

Building maintenance may entail the application of pesticides to eliminate unwanted pests, such 

as insects, rodents, and weeds. Frequently used pesticides include 

herbicides, insecticides, fungicides, and rodenticides. Pesticides are 

also used in landscaping for aesthetic purposes. Improper pesticide 

application can harm human health, causing respiratory and skin 

infections, and even death. In addition, improper pesticide 

application can destroy flora and fauna, and contaminate 

groundwater and surface water supplies through infiltration and 

runoff. Section 3.10 describes pesticide management activities. 

3.6.3.3 RENOVATION AND DEMOLITION

The renovation and demolition of buildings can impact the environment as materials trapped 

within the building structure are released to the environment. For example, the removal and 

disposal of asbestos and lead paint can significantly affect both human health and the 

environment. Renovation and demolition can also produce a large and varied waste stream – 

Construction and Demolition (C&D) debris – that includes concrete, asphalt, wood, drywall 

(sheetrock, gypsum, or plaster), and asphalt shingles. C&D debris is also generated during 

construction of roads and other public works projects. 

Asbestos 

Buildings owned by tribal governments may 

contain asbestos or asbestos-containing materials 

(ACM). Buildings constructed in the 1960s are 

more likely to have asbestos-containing sprayedor troweled-on friable (asbestos that can be 

reduced to dust by hand pressure) materials than other buildings. EPA banned the use of 

asbestos-containing materials in the 1970s. 

Go to the EPA’s asbestos Web site 

[http://www.epa.gov/asbestos/] provides 

more information and links to other useful 

sites.

Used for insulation and as a fire retardant, asbestos and ACMs are still found in a variety of 

building construction materials, including pipe and furnace insulation materials, asbestos 

shingles, millboard, textured painted and other coating materials, and floor tiles. When 

undamaged asbestos is encapsulated (sealed with coating materials), asbestos fibers do not 

adversely affect impact human health or the environment. During renovation or demolition, 

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however, asbestos fibers may be released. If inhaled or ingested, these fibers can cause 

respiratory damage. 

Asbestos is recognized as a major environmental/public health concern to schools. If a tribal 

government owns or operates a school building constructed or insulated with asbestos, 

particularly if renovations or demolitions occur that release fibers, then indoor air quality can be 

impaired and people can suffer severe respiratory and other health problems. 

Under the Asbestos Hazard Emergency Response Act (AHERA), EPA established a 

comprehensive regulatory framework, within which tribal governments would inspect, manage, 

plan, and conduct operations and maintenance (O&M) activities and appropriate abatement 

responses, in order to control ACM in schools. This framework also applies to BIA and other 

school operators. 

Some tribal governments are in the process of developing comprehensive asbestos management/ 

control programs and/or abatement contractor certification programs. In addition, EPA’s 

National Emission Standard for Hazardous Air Pollutants (NESHAP) for asbestos regulates 

asbestos emissions during building demolition or renovation and the transport and disposal of 

asbestos waste. School building owners – tribes, BIA, and others – are supposed to inspect 

school buildings for friable and nonfriable asbestos materials. Inspection activities include 

reviewing building records, inspecting and sampling materials, and mapping the locations of 

confirmed or suspected asbestos. 

Lead-Based Paint 

Lead-based paint is typically found on the interiors and exteriors of buildings constructed prior to 

1978. During renovation and demolition, paint removal has the potential to impact human health 

and the environment as fibers, dust, and paint chips are released. Paint chips and dust can cause 

indoor air contamination during renovation, and soil contamination from demolition or improper 

disposal. Assessment of lead-based paint hazards and removal of lead-based paint is regulated 

under TSCA. Disposal of building materials contaminated by lead-based paint is regulated under 

RCRA. 

Demolition of buildings can cause significant levels of fugitive lead dust emissions. It is 

therefore very important to control and minimize airborne lead dust during building demolition. 

Suggestions on reducing lead hazards from demolition activities can be found in the EPA 

brochure entitled Reducing Lead Hazards When Remodeling Your Home, available through the 

National Lead Information Center at (800) 424-LEAD/5323. Tribal governments should contact 

EPA to discuss how to dispose of lead wastes, such as painted wallboard, doors and doorframes, 

windows, and similar materials. 

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Tribal governments that are uncertain about lead hazards in tribal houses or buildings, including 

decommissioned military housing, should contact the Office of Lead Hazard Control in the 

Department of Housing and Urban Development (HUD) at 888-LEADLIST ((888) 532-3547). 

HUD can provide tribal governments with a list of trained lead inspectors who can help 

determine the presence and extent of lead. 

Construction and Demolition Debris 

Municipal solid waste landfills are 

subject to EPA landfill criteria, while 

tribal governments mostly regulate 

C&D landfills. EPA’s RCRA 

regulations (i.e., the Conditionally 

Exempt Small Quantity Generators 

Rule (CESQGs), June 1996), 

however, do prohibit hazardous waste 

from being dumped in C&D landfills 

unless those landfills meet certain standards. As indicated above, building materials containing 

lead and asbestos are also regulated by EPA. 

The Construction Industry Compliance Assistance Center Web 

site [http://www.cicacenter.org/] provides plain language 

explanations of environmental rules for the construction 

industry. EPA’s RCRA in Focus: Construction, Demolition, and 

Renovation 

[http://www.epa.gov/epaoswer/hazwaste/id/infocus/rifc&d.pdf] provides information on RCRA and construction, 

demolition, renovation and the solid and hazardous waste 

regulations that may apply.

C&D debris is not federally regulated, except to the 

extent that solid waste landfills must follow a few 

basic standards outlined in RCRA Subtitle D and 40 

CFR Part 257. Tribes, therefore, have the primary role 

in defining and regulating the management of C&D 

debris in Indian country. Depending on a tribe’s 

specific definition, C&D debris can include the 

following discarded materials: 

 Concrete, cinder blocks, drywall (sheetrock gypsum, or plaster), masonry, asphalt and 

wood shingles, slate, and plaster; 

 Forming and framing lumber; 

 Steel, stainless steel, pipes, rebar, flashing, aluminum, 

copper, and brass, residential and commercial steel 

framing, structural steel, steel utility poles; 

 Brick and decorative blocks; 

 Siding; 

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 Doors and windows; 

 Plumbing fixtures; 

 Electrical wiring; 

 Non-asbestos insulation; and 

 Wood, sawdust, brush, trees, stumps, earth, fill, and rock and granular materials. 

Much non-hazardous construction and demolition materials can be recovered and recycled. 

EPA’s C&D Debris Web site [http://www.epa.gov/epaoswer/non-hw/debris-new/index.htm] provides more 

information. Also see Appendix E for additional resources. 

C&D debris that meets the legal definition of hazardous waste is required to be treated and/or 

disposed of in a manner consistent with the federal requirements for hazardous waste and any 

other tribal waste requirements. Examples of hazardous waste in C&D debris wastes can 

include: 

 Waste paints, varnish, solvents, sealers, thinners, resins, roofing cement, adhesives, 

machinery lubricants, and caulk; 

 Drums and containers that once contained the items listed above; 

 Treated wood, including lumber, posts, ties, or decks, and utility poles; 

 Asbestos-containing items, such as certain older types of floor tile, insulation, or other 

materials containing asbestos; 

 Lead-based paint, or lead flashing or solder; 

 Products containing mercury; and 

 Other items that have inseparable hazardous constituents. 

Most construction, demolition, and renovation companies – regardless of ownership – are 

considered CESQGs. CESQGs must comply with three basic federal waste management 

requirements to remain exempt from the full hazardous waste regulations that apply to generators 

of larger quantities of hazardous waste (Small Quantity Generators (SQGs) and LQGs)): 

 Identify all hazardous waste generated on site. The relevant test procedures are described 

in an EPA document, Test Methods for the Evaluation of Solid Waste, Physical/Chemical 

Methods, SW-846 [http://www.epa.gov/sw-846/sw846.htm]. Tribal environmental departments 

can also use their knowledge of the waste to identify hazardous waste; for example, you 

might know that the spent solvent you are disposing of is an ignitable hazardous waste, and 

therefore, you would not have to test for the solvent’s flashpoint. 

 Do not store more than 2,200 lbs (1,000 kg) of hazardous waste on site at any time. 

 Ensure delivery of your hazardous waste to an offsite treatment or disposal facility that is: 

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• A federally regulated hazardous waste management treatment, storage, or disposal facility. 

• A facility permitted, licensed, or registered by EPA or a state to manage municipal or 

industrial solid waste. 

• A facility that uses, reuses, or legitimately recycles the waste (or treats the waste prior to use, 

reuse, or recycling). A “universal waste” handler or destination facility is subject to the 

universal waste requirements of 40 CFR Part 273. (Universal wastes include certain batteries, 

recalled and collected pesticides, mercury-containing thermostats, and mercury-containing 

fluorescent bulbs). 

Note that tribes can seek to require CESQGs to obtain an EPA identification number and comply 

with certain storage standards. For more information refer to EPA’s 40 CFR Parts 260 to 279 

Web site [http://www.epa.gov/epaoswer/hazwaste/sqg/cesqg.htm]. 

3.6.4 ROADS/BRIDGES/TUNNELS

Tribal government activities related to roads, bridges, and tunnels include planning new 

construction, maintenance of existing infrastructure, and traffic management. Because these 

activities could affect the environment, they may be subject to federal environmental laws and 

regulations, as indicated in the following non-exhaustive list: 

 New construction – CWA, ESA, Rivers and Harbors Act, CAA, NEPA, RCRA, NAGPRA, 

NHPA, Marine Mammals Protection Act (MMPA), and the Migratory Bird Treaty Act 

(MBTA), among other statutes; 

 Maintenance and renovation – RCRA, CAA, and CWA; and 

 Traffic maintenance and roads – CAA and CWA, including the general nonpoint 

stormwater runoff provisions. 

Tribal governments should also be aware of the potentially applicable federal laws designed to 

protect worker health and safety, including the Occupational Safety and Health Act. These laws, 

including the Occupational Safety and Health Act, are implemented by the Occupational Safety 

and Health Administration (OSHA), within the Department of Health and Human Services. See 

www.OSHA.gov. 

3.6.4.1 NEW CONSTRUCTION

Construction of new roads, bridges, or tunnels generally involves clearing land, constructing the 

new structure, and disposing of construction waste. The impacts and regulations of these 

activities are similar to those discussed previously in Section 3.6.3 for buildings. 

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3.6.4.2 MAINTENANCE AND RENOVATION

Maintenance and renovation of roads, bridges, or tunnels may include street sweeping, snow 

removal, removal and disposal of lead-based paint, and maintenance of storm sewers. Aspects of 

these activities may be regulated under the CAA, CWA, RCRA, and tribal solid waste disposal 

requirements. 

Street Sweeping 

Tribal governments may sweep streets or require others to do so as a condition of a contract, 

permit, or intergovernmental agreement. Street sweeping involves using mechanical sweepers to 

remove dirt, grit, and solids from road surfaces. Street sweeping reduces the concentration of 

pollutants in stormwater runoff and improves street appearance.

Maintenance of Storm Sewers 

Tribal governments may be required to maintain storm sewers as a condition in a contract, permit 

or intergovernmental agreement. Maintenance of storm sewers may include catch basin 

cleaning, litter removal from storm channels, and maintenance of stormwater detention facilities. 

Catch basin cleaning and litter removal from channels protect against street flooding and remove 

potential pollutants from stormwater. Stormwater detention facilities and other pollutant 

removal structures, such as sand filters and oil and grit separators, also require frequent 

maintenance. Disposal of materials generated during cleaning may be regulated under tribal 

solid waste disposal requirements.

Snow Removal 

To maintain road safety in the winter, tribal governments may apply salt and abrasives (e.g., 

sand) and remove snow. Heavy applications of salts and abrasives may be necessary at busy 

intersections and steep hills. These activities can degrade water quality by increasing 

sedimentation and salinity in surrounding water bodies. If applied frequently or improperly, salt 

may leach into the groundwater and contaminate drinking water supplies. 

To prevent such contamination, snow removal activities may be regulated under a tribal law. 

The code may require designation of sensitive areas (i.e., near public water supply facilities or 

locations with high levels of groundwater recharge) where pollution prevention practices must be 

followed. Some of these practices include prohibiting the dumping of heavily treated snow 

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directly into water bodies or in or around drinking water supplies or landfills, proper operation of 

salt storage facilities to reduce potential salt-contaminated runoff, and use of alternative de-icing 

materials (i.e., calcium magnesium acetate). 

Removal and Disposal of Lead-Based Paint 

Lead-based paint is typically removed from bridges by sandblasting or abrasive blasting prior to 

refurbishing and repainting. Sandblasting/abrasive blasting removes the existing paint with high 

velocity sand or synthetic particles. This process could contaminate the air with lead dust, and 

soil and water during disposal or spills of lead-contaminated sand/abrasive and paint chips. 

Where possible, blasting should take place in such a way as to contain and or prevent releases of 

lead-contaminated materials to the environment. RCRA and TSCA regulate the disposal of 

materials contaminated with lead-based paint. Prevention of lead dust releases may be regulated 

by the CAA. Lead-based paint is also discussed in the context of building operations and repair, 

Sections 3.6.3 and 3.6.4, respectively. 

3.6.4.3 TRAFFIC MANAGEMENT

Traffic management includes designing roads and bridges, access points, and traffic signals, and 

it affects the environment by impacting motor vehicle 

emissions. Increased access points to major roads generally 

lead to more traffic, while new traffic signals often lead to 

increase emissions from engine idling. 

The Federal Highways Administration (FHWA) within the 

Department of Transportation and the BIA provide 

information to tribes developing traffic management plans. 

When developed, each traffic management plan would 

conform to a CAA Tribal Implementation Plan (TIP) or 

Federal Implementation Plan (FIP) applicable to the tribe’s 

reservation. The TIP or FIP will account for the air pollution associated with the tribe’s traffic 

management actions. 

FHWA’s Transportation Planning Procedures and Guidelines Web site 

[http://www.fhwa.dot.gov/flh/reports/indian/intro.htm - toc] provides guidance for tribes and BIA to use 

when addressing transportation issues and this document meets the intent of the Federal Lands 

Highways Program (23 USC 204), the Indian Self-Determination and Education Assistance Act, 

(25 USC. 450), the Roads of the BIA (25 CFR Part 170, and the Indian Reservation Roads 

Program Stewardship Plan. The document, rather than utilizing predetermined criteria that may 

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not be applicable to tribal needs, provides a basis for developing goals and strategies that will 

lead to good decisionmaking. 

3.6.5 UNDERGROUND STORAGE TANKS

The EPA’s Underground Storage 

Tank (UST) Web site 

[http://www.epa.gov/oust] 

provides additional material on 

USTs. 

An underground storage tank (UST) system is a tank, and 

any underground piping connected to the tank, that has at 

least 10 percent of its combined volume underground. The 

federal UST regulations apply only to UST systems storing 

either petroleum or certain hazardous substances. 

Until the mid-1980s, most USTs were made of bare steel, which is likely to corrode over time 

and allow UST contents to leak into the environment. Faulty installation or inadequate operating 

and maintenance procedures also can cause USTs to release their contents into the environment. 

The greatest potential hazard from a leaking UST is that petroleum or another hazardous 

substance can seep into the soil and contaminate groundwater, the source of drinking water for 

nearly half of all Americans. A leaking UST can present other health and environmental risks, 

including the potential for fire and explosion. 

Subtitle I of RCRA contains technical and financial 

requirements for USTs storing petroleum or certain 

hazardous substances. The technical requirements are 

designed to reduce the chance of releases from USTs, 

quickly detect releases when they do occur, and 

cleanup releases promptly. Tribal governments with USTs are required to have: 

EPA’s Detecting Releases Web site is found 

at http://epa.gov/ustsystm/leakdet.htm

And SPCC program found at 

http://epa.gov/oil/spcc.htm.

 Upgraded all USTs to protect against corrosion, spills and overfills; 

 Replaced outdated USTs with new USTs that have corrosion, spill and overfill protection; 

or 

 Properly close all USTs by notifying EPA at least 30 days before closure, conducting any 

necessary site assessment and remedial action, having the tank emptied and cleaned safely, 

and either removing the tank or leaving it buried but filled with an inactive solid (i.e., sand). 

In addition, tribal governments with USTs must demonstrate they are financially capable of 

cleaning up releases and compensating third parties for resulting damages. See 

http://epa.gov/swerust1/ustsystm/fineresp.htm

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A tribe with a leaking UST is responsible for ensuring that the release is cleaned up, to restore 

and protect groundwater resources, and to create a safe environment for those who live or work 

near the site. Cleanup is essential because petroleum releases can contain contaminants like 

methyl tertiary butyl ether (MTBE) that can make water unsafe or unpleasant to drink. Releases 

can also result in fire and explosion hazards, as well as cause long-term health effects. Often the 

specific characteristics of the site (its type of soil, proximity to groundwater) make it a better 

candidate for a particular type of cleanup method. A contaminated site will need a site 

characterization (also referred to as a “site assessment”) that can help professionals choose the 

best cleanup method. Professional cleanup contractors base their decisions on site-specific 

investigations and with local environmental agency approval. In some cases, state or federal 

regulators take the lead at a contaminated UST site and will make all the cleanup decisions. 

For leaking USTs on tribal lands that are not owned by a tribe or that the tribe involuntarily came 

into possession of, the tribe may be able to receive federal cleanup assistance from EPA. In 

certain specific cases, EPA may be able to utilize the Leaking Underground Storage Tank Trust 

Fund for tanks that present a threat to human health and/or the environment. To determine if it is 

eligible for such assistance, the tribe should contact the EPA Regional underground storage tank 

people listed in Appendix A. 

3.6.6 ABOVEGROUND STORAGE TANKS

Aboveground storage tanks (AST) are tanks or other 

containers that are above ground, partially buried, 

bunkered, or in a subterranean vault. Certain oilcontaining ASTs need to meet EPA’s Spill Prevention, Control, and Countermeasure (SPCC) 

requirements (40 CFR Part 112). The SPCC rule applies to non-transportation-related onshore 

and offshore facilities that could reasonably be expected to discharge oil into navigable waters of 

the United States or adjoining shorelines. It applies to facilities that have an aboveground oil 

storage capacity of more than 1,320 gallons. At regulated facilities, SPCC applies to all oil 

containers with a capacity of 55 gallons or greater. The SPCC rule regulates all types of oil, 

including petroleum oil, animal fats and vegetable oils, and other non-petroleoum oils. 

EPA’s SPCC Web site http://epa.gov/oil/spcc.htm

provides comprehensive information on ASTs 

The SPCC rule sets forth requirements for prevention of, preparedness for, and response to oil 

discharges. To prevent oil from reaching navigable waters of the United States and adjoining 

shorelines, and to contain discharges of oil, the regulation requires facilities to develop and 

implement SPCC Plans and establishes procedures, methods, and equipment requirements. A 

spill contingency plan is required as part of the SPCC Plan if a facility is unable to provide 

secondary containment (e.g., berms surrounding the oil storage tank). A copy of the entire SPCC 

Plan must be maintained at the facility if the facility is normally attended for at least four hours 

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per day. Otherwise, the SPCC Plan must be kept at the nearest field office. The SPCC Plan must 

be available to EPA for on-site review and inspection during normal working hours. 

Each SPCC Plan, while unique to the facility it covers, must include certain elements, as outlined 

in the rule. To ensure that facilities comply with the spill prevention regulations, EPA regional 

staff may conduct on-site facility inspections. During an inspection, inspectors may ask to 

review the SPCC Plan and conduct a walk-through inspection of the facility to ensure that the 

facility has implemented spill prevention and response measures. In addition, EPA may 

interview facility personnel on the SPCC Plans and their role in implementing it. Additionally, 

regulated facilities are required to submit certain information to EPA after experiencing two or 

more discharges (over 42 gallons) of oil in any 12-month period or a single oil discharge of more 

than 1,000 gallons. These requirements are in addition to discharge notifications required under 

other regulations. 

Tribes with ASTs should keep in mind that oil-containing ASTs can increase the risk of fire and 

hazards resulting from damage caused by vehicles or vandals. The SPCC rule contains 

provisions requiring certain security and safety features to avoid vandalism, accidents involving 

vehicles, and tank overfills. Tribes may additionally seek to regulate ASTs through a 

combination of construction, installation, operation, and maintenance requirements that are 

intended to prevent fires and other hazards that stem from mismanaged or substandard ASTs. 

3.6.7 OUTDOOR RECREATION FACILITIES (INCLUDING STADIUMS AND GOLF COURSES) 

Tribal governments construct and maintain outdoor recreation facilities, including swimming 

pools, playing fields, and stadiums. Because these activities could 

affect the environment, they may be subject to environmental laws and 

regulations, as indicated in the following list: 

 New construction – CWA, RCRA, ESA, Rivers and Harbors 

Act, CAA, NEPA, and NAGPRA, NHPA, MMPA, and the 

MBTA among other statutes; 

 Maintenance and renovation – CWA, RCRA, EPCRA, 

CERCLA, CAA, TSCA, and FIFRA. 

3.6.7.1 NEW CONSTRUCTION

New construction of swimming pools, playing fields, golf courses, and stadiums has many of the 

same impacts as constructing buildings, roads, bridges, and tunnels. New construction involves 

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clearing and grading land, landscaping, and building the structure. Section 3.6.4.1 describes 

these impacts and the associated regulations. 

3.6.7.2 FACILITY MAINTENANCE AND RENOVATION 

Facility maintenance and renovation are performed on playing fields and golf courses, stadium 

buildings (including wastewater treatment plants), and swimming pools. 

Playing Field and Golf Course Maintenance 

Playing field and golf course maintenance may involve numerous 

activities, including mowing, irrigating (watering), fertilizing, 

resodding, applying pesticides, applying biosolids, spreading 

lime, and maintaining vehicles. 

Tribal governments may conduct each of these activities to keep 

their playing fields in good condition for their designated use. 

Mowing is typically done by gasoline-powered mowers that can pollute the air with particulates, 

volatile organic compounds (VOCs), and noise. While mowing activities are generally exempt 

from EPA regulations, the engines of the mowers themselves are required to meet federal 

specifications designed to reduce emissions. EPA’s first set of emission standards for small 

engines typically used in lawn and garden applications took effect in 1997. A second set of more 

stringent emission standards took effect in 2001 and is currently being phased in through 2007. 

EPA has estimated that these standards will reduce hydrocarbon emissions from these sources by 

over 70 percent from unregulated levels. 

Activities such as irrigating, fertilizing, and applying pesticides and biosolids may affect the 

environment through spray drift, infiltration, or runoff, which may contaminate local waterways 

or cause soil erosion. If playing field irrigation leads to a direct discharge (i.e., water is drained 

to a pipe that leads to a surface water or a stormwater system), the discharge may be regulated 

under the NPDES program in the CWA. If the discharge drains to a municipal sewer system, the 

discharge may be regulated under the pretreatment program in the CWA. Tribes that apply 

biosolids may establish levels of concentration that are acceptable for application. Tribes that 

fertilize their playing fields and golf courses with biosolids from a municipal wastewater 

treatment plant must comply with the biosolids management section of the CWA. Pesticide use, 

including storage and disposal, is regulated under FIFRA. Section 3.9.2.6 provides additional 

information on regulations concerning the application of biosolids while Section 3.10 provides 

additional information on pesticides and fertilizers. 

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Maintaining vehicles and equipment used for playing field and golf course care may be regulated 

under several environmental laws. Section 3.12 describes these activities in detail, and the 

applicable laws and regulations. 

Maintaining Stadium Buildings 

Maintenance of stadium buildings includes many of the activities related to maintenance of other 

buildings that are described in this section. In addition to 

operating boilers and cooling systems, maintenance of stadium 

buildings may include operating a wastewater treatment plant 

during stadium events; operating a large electrical system that 

includes capacitors and transformers; storing and using cleaning 

chemicals; sanding and salting, as well as removing snow from 

stadium parking lots; and managing non-hazardous waste 

streams, including food wastes. 

Stadiums in Indian country are growing in popularity and may accommodate horse and dog 

racing, concerts, and sports attractions. Larger stadiums may have their own wastewater 

treatment plants to accommodate a relatively large number of users during stadium events. 

Operation of a stadium wastewater treatment plant has the potential to affect the environment (air 

and water) in the same manner as a municipal wastewater treatment plant, which is described in 

Section 3.9. Discharges from wastewater treatment plants are regulated under the CWA. 

Stadiums that hold evening events often have extensive lighting and public address systems that 

require capacitors and transformers to assure the necessary electrical current. Stadiums may also 

have diesel fuel-fired generators for auxiliary power. Capacitors and transformers that contain 

PCB oils are regulated under TSCA, which may require the labeling of PCB-containing 

equipment. The storage of oils, as well as spills of PCB oils and oils without PCBs, including 

diesel fuel, may be regulated under the SPCC provisions of the CWA, depending on the total 

volume of oil stored at the stadium. 

Maintaining stadium parking lots may involve applying salt or sand to lots or removing snow. 

Each of these activities may be regulated under the CWA. Stadiums use chemicals for cleaning 

all aspects of the stadium, including restrooms, food service areas, and seating areas. The 

storage and use of these chemicals may be regulated under the CAA, EPCRA and CERCLA. 

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Maintaining Swimming Pools 

Tribal governments may operate outdoor recreation facilities that include swimming pools. 

Swimming pool maintenance involves treating pool water through filtration and the addition of 

chemicals. The use and storage of pool chemicals may be regulated under EPCRA, and the 

disposal of unused or spilled pool chemicals may be regulated under RCRA. The drainage and 

disposal of pool water by subsurface infiltration may be regulated under SDWA. 

3.6.8 VEHICLE AND EQUIPMENT MAINTENANCE

Tribal governments with vehicles associated with property construction and property 

management activities should review Section 3.12. 

3.6.9 POLLUTION PREVENTION IN CONSTRUCTION AND MAINTENANCE

Tribal governments may be responsible for 

construction and maintenance activities. 

Included in this category is the construction and 

maintenance of roads, bridges and tunnels, the 

construction, maintenance, renovation and demolition of structures. In some cases, these 

activities are conducted through contractual arrangements. A simple building/construction cycle 

includes the following activities: 

The Construction Industry Compliance Assistance

Web site [http://www.cicacenter.org/] provides

information on pollution prevention in 

construction and maintenance. 

 Pre-construction; 

 Construction; and 

 Maintenance and repair. 

3.6.9.1 TYPICAL WASTES GENERATED

Pollution prevention begins long before the first nail is driven. Tribal governments can conduct 

a baseline analysis of institutional issues that may affect pollution prevention/green building 

construction and maintenance policy implementation. Areas to examine include procurement 

policies, zoning, building codes and standards, operations and maintenance policies, and 

recycling policies. Throughout the construction and maintenance process, opportunities exist for 

implementing pollution prevention. 

Pre-construction activities involve the preparation of a site for future development. During this 

phase existing vegetation and structures may be removed, creating demolition waste including 

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asbestos, mercury, PCB, lead based paints, and dust. Other pre-construction impacts include 

increased potential for storm water runoff and possible negative impacts on aquatic resources 

and habitat. 

Construction activities may involve grading, drilling, and filling. These activities generally do 

not generate substantial hazardous waste but may result in habitat loss through erosion, 

sedimentation, and disruption of the natural environment. Building construction and 

maintenance activities generate wastes from paints, thinners, grease, resins and sealers, glues, 

cleaners, hydraulic oils, paint remover/stripper, soiled rags, and solder, as well as a host of solid 

wastes including paper, plastic, scrap lumber, insulation, metals, gypsum, and roofing materials. 

Maintenance and repair activities involve the removal and replacement of worn or damaged 

surfaces, structural members and lubricating or cooling fluids. This could result in the 

generation of hazardous wastes such as lead based paint or asbestos, cleaning fluids, used 

lubricating oil, and cooling system fluids. 

Construction and Demolition (C&D) 

A major opportunity in the C&D industry is the recovery and reuse of materials. C&D recovery 

and reuse is important because a large fraction of the debris ends up in municipal solid waste 

landfills or in special C&D landfills, which may have the potential to contaminate groundwater. 

Also, each year, there is less land available for waste disposal. 

Areas to examine include the type of demolition process selected, labor costs, reuse, recycling, 

contracting constraints, project schedules, material storage space, and marketability of materials. 

By reducing the amount of C&D debris that is thrown away, tribes also reduce their regulatory 

burden by avoiding the disposal of items that could be considered hazardous waste. 

The key to reducing the amount of C&D debris is to make material recovery a part of the 

planning and contracting process, and make waste management and recovery plans part of the 

contractual scope-of-work. Recovery levels could be made an explicit criteria in the awarding of 

contracts. Prevailing labor rates and local market conditions will need to be considered since 

labor costs are viewed as the single most important barrier to increasing C&D materials 

recovery. 

A tribe’s permit department could consider connecting permit authorization with material 

recovery efforts. Educational outreach programs, including workshops, Web sites and 

informational packets, represent another method for encouraging greater participation in C&D 

material recovery programs. 

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3.6.9.2 TOP POLLUTION PREVENTION OPPORTUNITIES 

 Adopt and implement a policy to encourage the use of green practices in building design, 

construction, and operation. 

 Use “first-in, first-out” materials management. 

 Segregate waste streams. 

 Reduce risks of spills by controlling access to storage 

areas and routinely inspecting containers. 

 Recycle used cleaning, lubricating, or cooling fluid. 

 Use water-based paints and coatings to minimize the use of petroleum-based solvents and 

the hazardous air emissions associated with such solvents. 

 Avoid unnecessary grading and removal of vegetative cover to minimize road runoff into 

surface water. 

 Use waterborne or thermoplastic traffic paint. 

 Consider deconstruction and reuse of existing buildings rather than demolition. 

 Utilize deconstruction, or the selective disassembly of buildings, to facilitate the re-use or 

recycling of valuable materials. 

 Use high efficiency lighting and electronic ballasts to illuminate roadways and tunnels, and 

install occupancy sensors to control lighting fixtures. 

 Design for water conservation. Group plants with similar water needs together so they can 

be irrigated together and water will not be wasted on plants that do not need it. Proper 

watering reduces stress on plants and allow their natural resistance to withstand pest attacks 

without the need for pesticides. 

 Employ Environmental Landscape Management (ELM). ELM is a common-sense 

approach that starts with healthy growing space. Select pest resistant plants, use sound 

planning techniques, and correctly manage the established landscape. Choose plants 

according to soil characteristics (pH level, moisture retention), rainfall, and sunlight 

conditions. Use more native plant species and reduce the use of exotics. 

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3.7 WATER RESOURCES MANAGEMENT

Water resources include surface waters 

(i.e., coastal bays, lakes, rivers, and 

streams) and groundwater. These water 

resources may be used for drinking water, 

industrial processes, agriculture, and 

irrigation. Water resources also provide 

opportunities for recreation, such as fishing, boating and swimming. Tribes also use water 

resources to support and maintain traditional cultural practices and ceremonies. 

EPA’s Water Web site 

[http://www.epa.gov/OW/index.html] provides

access to all EPA’s water quality issues including 

groundwater, drinking water, water science, 

wastewater management, wetlands, oceans, and 

watersheds.

For each of these uses, tribal governments are one of many governmental entities – tribal, state, 

and federal – that may be responsible for ensuring that the water is safe and available in 

sufficient quantities for its intended purpose. Activities related to water resources management 

include protecting and managing surface waters (including reservoirs) and protecting 

groundwater. Water resources management programs protect these waters from direct 

wastewater discharges and problems caused by urban and agricultural runoff. Among the most 

important ecosystems in terms of watershed protection are wetlands, which filter pollutants, 

afford protection from floods, and are home to a wide diversity of plants and animals. Also 

important are estuaries, which serve as both birthplace and nursery for many species of fish and 

shellfish. Today, the majority of watersheds in the United States have water quality problems, 

including excess nutrient loading and the presence of pathogens and toxic chemicals; these 

problems have led to habitat loss, invasive species incursion, fish kills, and can present public 

health threats. 

Tribes have a dual role in the area of water resources management. They may develop separate 

water quality programs and/or seek to implement federal programs like the CWA. To date, 

however, most tribes do not exercise federal program authority under the CWA. Where tribes 

have not received authorization to implement federal programs under the CWA, EPA directly 

implements programs in Indian country. 

In their other role, some tribal governments may be responsible for managing the water resources 

within their borders as part of their efforts to meet requirements in their NPDES permits for 

municipal wastewater treatment plants, municipal stormwater runoff, or combined sewer 

overflow (CSO) controls. While many water resource management activities will overlap these 

permit requirements, tribal governments may elect to develop water resources management 

programs whether or not they are required by regulation. 

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3.7.1 SURFACE WATER PROTECTION

Surface water problems are complex and may vary 

from region to region. Tribes are beginning 

to protect and restore watersheds using a variety of 

methods, including: establishing tribal water 

quality standards; monitoring on-reservation 

waters, and in some cases up-stream or other off-reservation waters, to assess water quality; 

identifying water quality impairment; determining necessary pollution reductions; and taking 

steps to protect and restore water quality through tribal authorities. 

The EPA’s Watershed Web site

[http://www.epa.gov/owow/watershed/] 

provides for information on protecting surface

waters and watersheds. 

The CWA provides the basis of federal programs

to protect surface water quality, which tribes are 

also eligible to seek to implement. Tribes may use 

a watershed approach, which is a management 

framework that focuses public and private efforts 

on addressing high priority problems within 

hydrologically defined geographic areas and 

considers both ground and surface water flow. 

3.7.1.1 WATER QUALITY STANDARDS

The EPA’s Water Quality Standards Web site

[http://www.epa.gov/waterscience/standards/tribal/] 

provides material on water quality standards. View “Our

Water Our Future: Saving Our Tribal Life Forces Together,”

[http://www.epa.gov/waterscience/tribes/videoreal.htm], 

which documents the Pueblo of Acoma and the 

Confederated Tribes of the Chehalis Reservation efforts to 

develop water quality standards. 

Water quality standards are the 

cornerstone of the nation’s surface water 

protection program and are integral to 

implementing the water quality 

framework of the CWA. The water 

quality standards program is authorized 

under Section 303(c) of the CWA (33 

USC 1313(c)), and implemented through 

40 CFR Part 131. 

Under the CWA, water quality standards serve two primary purposes. First, they define the 

water quality goals for a water body. Second, they serve as the regulatory basis for controls 

beyond technology-based levels of treatment required by Sections 301 and 306 of the CWA. 

Generally, water quality standards provide a means to attain the goals of the CWA.

Water quality standards consist of three components: 

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 Uses of the water body (such as boating, swimming, fishing, cultural, or traditional); 

 Water quality criteria (limits on pollutants and conditions that will protect the designated 

use); and 

 An antidegradation policy (governing changes in water quality). 

EPA-approved water quality standards may be adopted for all surface waters of the United 

States, including lakes, rivers, streams, intermittent streams, natural ponds, estuaries, near-shore 

coastal waters and wetlands. For tribes, two of the requirements for applying to administer the 

water quality standards warrant particular emphasis. First, tribes must demonstrate that they 

have the technical capability to administer the program or provide a plan showing how the tribe 

will get such capability. Second, tribes must demonstrate that they have jurisdiction over the 

affected water resources; this demonstration, among other things, involves delineating tribal 

authority for areas inside of a reservation’s boundary. 

Information on water quality standards and criteria for waters in Indian country is available at 

EPA’s Web site Tribes: Water Quality Standards and Criteria 

[http://www.epa.gov/waterscience/tribes/]. This Web site provides information on the development of 

sound, scientifically defensible standards, criteria, advisories, limitations and standards 

guidelines under the CWA and SDWA. 

3.7.1.2 WATER QUALITY MONITORING

Ambient monitoring means observing or 

measuring selected features of an aquatic 

ecosystem and is essential to surface water 

protection. It is performed in order to assess the 

health of an aquatic ecosystem and its ability to 

support human uses. Ambient monitoring is also 

used to identify problems or changes early on, provide insight into the causes of problems, and 

determine whether water quality goals have been achieved. Designing an effective ambient 

monitoring program involves four elements: 

EPA’s Monitoring and Assessing Water 

Quality Web site 

[http://www.epa.gov/owow/monitoring/] 

provides material on EPA’s water quality and 

monitoring activities. 

 Determining what information is needed; 

 Choosing the appropriate indicators, methods, and sites for monitoring; 

 Determining the time of year, day, and frequency of the monitoring to be done; and 

 Assuring the quality of the results. 

There are several methos to monitor water conditions: 

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 Chemical measurements monitor the chemical concentrations in water, sediments, and fish 

tissue. 

 Physical measurements of general conditions, such as temperature, potential of hydrogen 

(pH), flow, watercolor, and the condition of stream banks and lakeshores; and 

 Biological measurements of the abundance and variety of aquatic plant and animal life, and 

the ability of test organisms to survive in sample water. 

 

Monitoring can be conducted in several ways – at regular sites on a continuous basis, at selected 

sites on an as-needed basis to answer specific questions, on a temporary or seasonal basis, or on 

an emergency basis. Increasingly, monitoring efforts are aimed at determining the condition of 

entire watersheds. This is because of increased understanding of the importance of watershedbased management, which itself reflects the interconnectedness of all types of waterbodies and a 

recognition of the impacts of land-based activities on the waters that drain the land, including 

those beneath the ground. 

Tribal governments have key monitoring responsibilities and may implement monitoring 

programs. Pollution control decisions are based on data collected by tribes, as well as federal 

and state governments and private entities. EPA provides technical assistance on how to 

monitor, as well as how to report water quality monitoring findings to the federal government. 

EPA also provides grants for pollution control activities, which tribes (and states) may use to 

support monitoring programs. 

Tribes may seek to obtain grants under Section 104 and 106 of the CWA to carry out effective 

water pollution control programs. Section 106 grants may be used to fund a wide range of water 

quality activities, including: water quality planning and assessments; development of water 

quality standards; ambient monitoring; development of total maximum daily loads (TMDLs); 

issuing permits; groundwater and wetland protection; nonpoint source control activities 

(including nonpoint source assessment and management plans); and watershed assessments. 

Section 104 grants may be used to focus on innovative demonstration and special projects. 

Among the efforts eligible for funding are research, investigations, experiments, training, 

environmental technology demonstrations, surveys, and studies related to the causes, effects, 

extent and prevention of pollution. See Appendix F, Funding Resources. 

3.7.2 LISTING OF IMPAIRED WATERS

US Watershed Assesment Tracking and Environmental 

Results Tool, use to find impaired waters at 

http://epa.gov/waters/tmdl/expert_query.html.

The CWA requires the listing of each 

currently impaired and threatened water 

body, and the setting of priorities for their 

cleanup; the impaired waters list is also 

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called the 303(d) list, named after the section of the CWA that requires it. Generally, any water 

body that does not meet, or is not expected to meet, its water quality standards after application 

of technology-based pollution controls is considered an impaired water body. Any water body 

that is not impaired but which, based on expected changes in loadings or conditions, is 

considered a threatened water body. 

Tribes may be involved in listing of impaired waters in one of two ways: 

 As the entity responsible for the initial listing and biannual listing update, through 

authorization by EPA under the CWA. 

 As a reviewer of listing decisions made by bordering tribes or states on shared water 

bodies. 

Tribes may apply to EPA for authority for assigning priorities and developing plans to clean up 

the listed waterbodies. To date, however, no tribes have authority under the CWA to list 

impaired waterbodies. Both the initial listing and the updated listing are sent to EPA. These 

plans are known as TMDLs, and are discussed in Section 3.7.3. The priorities for establishing 

TMDLs are based upon the severity of the pollution and the designated uses of the particular 

waters. EPA recommends that the criteria for making priority decisions include the level of risk 

to human health and the environment; the degree of public interest and support; the aquatic 

habitat’s vulnerability to pollution; and the importance of recreational, aesthetic, or economic 

uses. 

Tribes can influence listing decisions of neighboring states by providing information about the 

health of a water body to the neighboring states and/or directly to EPA. The list of impaired 

waterbodies may include waters for which water quality problems are reported by governmental 

agencies, the general public, or academic institutions. 

3.7.3 TOTAL MAXIMUM DAILY LOADS 

A TMDL specifies the maximum amount of a pollutant 

that a water body can receive and still meet water quality 

standards, and allocates pollutant loadings among point 

and nonpoint pollutant sources. Tribes can become 

involved in establishing TMDLs in three ways. First, 

tribes can develop EPA-approved water quality standards and develop their own TMDLs 

affecting the listed waterbodies on the reservation. Second, tribes may provide information and 

become involved in the TMDL processes and decisions with states affecting shared water bodies. 

Third, tribes may assist EPA in developing TMDLs for Indian country. The second and third 

EPA’s Total Maximum Daily Loads 

(TMDLs) Web site 

[http://www.epa.gov/owow/tmdl/] 

provides useful guidance information. 

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ways are effective options for tribes to become familiar with the TMDL process and help ensure 

their interests are represented. TMDLs are submitted to EPA for review and approval. If EPA 

disapproves a TMDL, the Agency must establish TMDL within 30 days of the disapproval. The 

TMDL program is found in section 303(d) of the CWA and 40 CFR Part 131. 

A TMDL is the sum of the allocated pollutant loads and is set at a level necessary to implement 

the applicable water quality standards; a TMDL includes: 

 Wasteload allocations from point sources; and 

 Load allocations from nonpoint sources and natural background conditions. 

A TMDL must contain a margin of safety and a consideration of seasonal variations. In addition, 

EPA encourages authorized tribes and states to identify a monitoring plan and schedule for 

considering revisions to TMDLs that will be implemented over time.

3.7.4 IMPLEMENTATION OF WATERSHED (SURFACE WATER) PROTECTION PROGRAMS

The CWA requires that any point source discharger 

into surface waters obtain an NPDES permit, 

including any facility discharging into waters in 

Indian country. As discussed in Chapter 3.9, publicly 

owned treatment plants are required to provide at 

least secondary treatment for their discharged wastewater. When this level of treatment does not 

protect receiving waters, additional treatment must be applied in order to meet water quality 

standards. 

EPA’s Watershed Web site 

[http://www.epa.gov/owow/watershed/] 

provides material on EPA’s watershed 

protection issues. 

Wastewater discharges from commercial/industrial sources may contain pollutants at levels that 

could effect the quality of receiving waters. The NPDES permit program establishes specific 

requirements for discharges from these sources. Depending upon the type of industrial or 

commercial facility operated, more than one NPDES program may apply. For example, 

stormwater run off from an industrial facility or from a construction site may require an NPDES 

permit under the stormwater program. An industrial facility may also discharge wastewater to a 

sewer system and be covered by the NPDES pretreatment program. Alternatively, an industrial 

facility may discharge wastewater directly to a surface water and need an NPDES permit issued 

by EPA. 

Tribes may seek authorization from EPA to administer NPDES programs. To date, no tribes 

have been authorized. However, tribes can have a role in the permitting process through the 

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public participation provisions of the NPDES regulations (40 CFR Part 122). These participation 

provisions enable tribes to comment during the public hearings or notice and commit 

opportunities and appeal permit decisions. Many point source discharges remain undetected and 

unpermitted. Tribes can visually survey the rivers and streams of their watersheds to identify 

sources of pollution that are affecting their water resources. These unpermitted discharges can 

be brought to EPA’s and the permitting authorities attention in order to stop the discharge, or to 

force the polluting facility to obtain a discharge permit and undergo a public comment period.

3.7.4.1 BEST MANAGEMENT PRACTICES

Best Management Practices (BMPs) may be structural 

(e.g., stormwater detention/retention ponds) or 

nonstructural (e.g., street sweeping) and may include 

managing existing sources or conduits of contamination, such as roads, bridges, and stormwater 

systems. These activities help tribal governments protect their water supplies, comply with 

stormwater permits, prevent soil erosion into water, and prevent problems associated with 

agricultural runoff. 

EPA’s National Stormwater BMPs found at 

http://epa.gov/npdes/stormwater/ . 

Structural BMPs are designed to prevent, inhibit, or slow the rate at which stormwater runoff or 

spilled contaminants reach a body of water. BMPs, including extended retention ponds, wet 

ponds, and constructed wetlands, prevent contaminants from reaching surface waters by 

capturing runoff and allowing it to filter through the soil or evaporate, rather than directly 

flowing to a water body. Additional filtering structures include sand filters, oil and grit 

separators, and infiltration basins. Containment structures may require periodic maintenance to 

remove accumulated sediment, while filtering structures may require maintenance to remove 

debris and ensure efficient operation. Each of these structures helps remove contaminants 

(sediments, oils and greases, pesticides, fertilizers, debris) from rainwater and helps to protect 

the surface water for its intended use. Some structural BMPs that rely on stormwater infiltration 

may be subject to federal Underground Injection Control (UIC) regulations. 

Nonstructural BMPs include various operational activities such as sweeping streets and 

maintaining or preserving grassed swales, vegetative buffer areas, and wetlands. Street sweeping 

protects surface waters by removing such solids as sand, debris, and litter that would otherwise 

be transported to the surface water during a rain event. Street sweeping also prevents 

contaminants that may be absorbed by sand and debris from reaching surface water. 

Vegetative buffer areas are physically active controls designed and maintained to filter pollutants 

and thereby prevent them from reaching surface waters; vegetative buffer areas are essential to 

maintaining surface water quality. These areas complement passive control, such as land use or 

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zoning laws, which prevent activities (e.g., paving, pesticide use) that could increase surface 

water contamination. 

Wetlands are also used to help break down contaminants before they reach open bodies of water. 

Tribal governments may actively manage marsh areas by adding new plants and removing 

accumulated sediment. 

Tribes may seek financial assistance from EPA and other federal agencies to assist them in 

protecting their water resources. EPA provides grants to tribes for the construction of 

wastewater and drinking water treatment facilities to develop a surface water protection program 

targeted at controlling pollution from nonpoint sources. See Appendix F, Financial Resources. 

3.7.5 RESERVOIR MANAGEMENT

Protecting reservoirs is a key component of a tribal government’s surface water protection 

program. Keeping reservoirs clean and free from contamination helps ensure a safe supply of 

drinking water. In addition, preventing debris, sedimentation, litter, chemicals, or other 

pollutants from entering a reservoir reduces the amount of treatment necessary for the water to 

meet drinking water standards. While managing reservoirs includes many of the BMPs 

described in Section 3.7.4.1, it also includes establishing security around the reservoir and 

creating buffer zones. 

Reservoir security involves controls to prevent direct litter, dumping, or inappropriate use. 

Security measures may include fencing at the water line or fencing of a larger surrounding area. 

Providing limited access roads or trails in the vicinity of the reservoir is another way to protect 

reservoirs. While not preventing contamination, limiting access roads and trails can prevent 

large-scale dumping, limiting pollution to litter or human waste. Such efforts can also enhance 

the protection of cultural resources and hunting, fishing, and gathering sites. 

3.7.6 SOURCE WATER (GROUNDWATER) PROTECTION

Tribal governments that provide or maintain 

drinking water supplies within their boundaries 

are encouraged to develop Source Water 

Assessment and Protection Programs. Source 

Water Assessment and Protection Programs help 

enable tribes to assess possible threats to their 

EPA’s Source Water Protection Web site

[http://www.epa.gov/safewater/protect.html] 

contains a variety of information on groundwater 

and sourcewater protection to prevent drinking 

water contamination. 

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public drinking water supply sources and to develop protection measures to protect these sources 

against those threats. 

The program begins with the assessment phase: 

 Mapping of source water areas around the drinking water source; 

 Identifying potential contaminant sources in the mapped protection area that may impact 

the drinking water supply; 

 Determining the magnitude of the threat posed by the potential sources of contamination; 

and 

 Notifying the public of the results of the assessment. 

Source water protection elements are developed and implemented based on the results of the 

assessment. Typical Source Water protection elements may include: 

 Sole source aquifer designation; 

 Zoning ordinances; 

 Site plan reviews; 

 Design standards for new construction and operating standards for ongoing land use 

activities; 

 Property or easement purchases; 

 Public education; 

 Groundwater monitoring; 

 Household hazardous waste collection; and 

 Integrated pest management. 

Tribal governments may develop an array of regulations to enhance groundwater protection. 

Tribes may also want to partner with state, local, and regional planning bodies or water 

commissions to ensure their views are incorporated into regional watershed decisionmaking. 

3.7.6.1 ELEMENTS OF A SOURCE WATER PROTECTION PLAN 

Sole Source Aquifer Designation 

Tribes may seek sole source aquifer designations to protect drinking water supplies in areas with 

few or no alternative sources and where available alternatives sources would be extremely 

expensive. The designation protects an area’s groundwater resource by requiring EPA review of 

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any proposed projects within the designated area that receive federal financial assistance. The 

program typically reviews projects such as highway construction, airports and wastewater 

treatment facilities, but all proposed projects receiving federal funds are subject to review to 

ensure they do not endanger the water source. 

The program also provides for EPA review of federal financially assisted projects planned for the 

area to determine the projects’ potential for contaminating the aquifer. Based on this review, no 

commitment of federal financial assistance may be made for projects “which the EPA 

Administrator determines may contaminate such aquifer,” although federal funds may be used to 

modify projects to ensure that they will not contaminate the aquifer. Section 1424(e) of the 

SDWA addresses sole source aquifer designations. 

Zoning Ordinances 

Zoning and subdivision ordinances are used to direct or limit development in a wellhead 

protection area to can limit the number of potential sources of contamination. Zoning ordinances 

may restrict or regulate land uses within the protected area while subdivision ordinances are 

designed to limit the division of land for sale or development. See Section 3.6.1. 

Site Plan Reviews 

Site plan reviews require developers to submit plans for approval for development occurring 

within a given area. Site plan reviews help minimize the impact on a protected area by requiring 

compliance with protection ordinances and giving the tribal government an opportunity to review 

and approve development activities prior to implementation. 

Design and Operating Standards 

Tribal governments can establish design standards for new construction and operating standards 

for ongoing land use activities. Design standards can ensure that new buildings or structures 

placed within a wellhead protection area do not pose a threat to the water supply. For example, a 

tribe could develop design standards for gas stations in order to reduce runoff that could 

contaminate the water supply. Operating standards minimize threats from ongoing activities, 

such as application of fertilizers and pesticides or storage and use of hazardous materials. These 

standards may also include prohibition of potential pollutant sources within protected areas. 

Property or Easement Purchases 

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Tribal governments can purchase property or property easements on land within the protected 

areas. These purchases can prevent future development and give the tribal government land on 

which to maintain vegetative buffers to help prevent contaminants from reaching the protected 

area. 

Household Hazardous Waste Collection 

As part of their wellhead protection programs, tribal 

governments may establish household hazardous waste 

(HHW) collection programs. HHW collection 

programs provide an opportunity for the safe disposal 

of oils, fertilizers, gasoline, or other household 

chemicals that residents might otherwise dispose of on 

the ground or in a landfill designed to accept only nonhazardous solid waste. By collecting and safely 

disposing of these materials, tribal governments 

prevent them from potentially reaching underground drinking water supplies. See Section 

3.11.5. 

Groundwater Monitoring 

As part of wellhead protection programs, tribal governments may monitor the groundwater 

within and leading to a drinking water aquifer. In addition, a tribe with appropriate regulatory 

authority could require owners of businesses that have the potential to contaminate groundwater 

to monitor groundwater as it leaves their property. EPA regulations may require monitoring in 

particular circumstances (e.g., underground storage tanks) and tribal governments may request 

property owners who participate in particular activities (e.g., agricultural fertilizer/pesticide 

application) to periodically monitor groundwater to determine whether it is becoming 

contaminated. Proper sampling and well drilling techniques are important to prevent aquifer 

contamination. 

Public Education 

Tribal governments may initiate efforts to educate the public on potential threats to groundwater, 

on how the public’s actions impact groundwater, and the need to prevent groundwater 

contamination. Some examples of efforts that tribes may pursue include sponsoring 

advertisements and radio programs, distributing fliers, posting information on community 

bulletin boards, and providing information at tribal meetings. 

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Integrated Pest Management 

Integrated pest management (IPM) is another way to protect reservoirs. IPM is an approach to 

pest management that blends all available management techniques – nonchemical and chemical – 

into one strategy: monitor pest problems, use nonchemical pest control, and resort to pesticides 

only when pest damage exceeds an economic or aesthetic threshold. Using IPM will enable the 

tribal government to determine whether pesticide application is appropriate in and around 

groundwater and, if appropriate, which type of pesticide to apply. Additional information about 

IPM is found in section 3.10.6. 

3.7.6.2 UNDERGROUND INJECTION CONTROL

The UIC program works with tribes and local 

governments to oversee the underground 

injection of waste to prevent the contamination 

of ground water drinking water resources. For 

regulatory purposes, EPA groups wastes into five classes. Classes V wells represent the category 

most commonly found in Indian country. They include shallow disposal systems such as dry 

wells, septic systems, leach fields, and similar types of drainage wells that are used to dispose of 

fluids into or above underground source of drinking water. The UIC regulations were revised in 

1999 and additional provisions for two Class V well types were implemented. The revisions, 

referred to as the Class V Rule, ban the use of large capacity cesspools and motor vehicle waste 

disposal wells. To protect groundwater tribal governments should work with their local EPA 

UIC program representatives to ensure these well types are properly closed. 

EPA’s Underground Injection Control Web site 

[http://www.epa.gov/safewater/uic.html] 

provides material on EPA’s UIC program. 

3.7.7 WETLANDS

Tribal governments, in partnership with EPA 

and other federal agencies, may be 

responsible for protecting, restoring, and 

maintaining the chemical, physical, and 

biological integrity of the waters on tribal lands as part of the waters of the United States. 

EPA’s Wetlands Web site 

[http://www.epa.gov/owow/wetlands/] provides 

material on EPA’s wetlands program. 

Wetlands vary widely because of regional and local differences in soils, topography, climate, 

hydrology, water chemistry, vegetation, and other factors, including human disturbance. Under 

the CWA, the term wetlands means “those areas that are inundated or saturated by surface or 

ground water at a frequency and duration sufficient to support, and that under normal 

circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil 

conditions. Wetlands generally include swamps, marshes, bogs and similar areas.” 

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Wetlands in Indian country are both pristine and degraded and require an adaptive strategy that 

includes protection, restoration, and mitigation. Tribal wetlands programs typically start with 

determining the location, extent, and condition of a tribe’s wetlands. Tribes with wetlands that 

are in a relatively pristine state focus on protecting the resource from potential impacts. Tribes 

with wetlands that have been adversely impacted focus on stopping existing degradation, 

restoring previously degraded wetlands, and mitigating potential future impacts on wetlands. 

Whether planning to address pristine or degraded wetlands, tribal wetlands programs can protect 

economic, ecological, aesthetic, recreational, and medicinal values. 

Although many tribes have wetland programs, most have yet to develop specific wetland 

regulations or amend their environmental laws and regulations to include wetland and other 

water quality issues. 

3.7.8 WATERSHED PROTECTION AND MANAGEMENT

A watershed protection approach is a strategy 

to effectively protect and restore aquatic 

ecosystems and protecting human health. This 

strategy recognizes watersheds as physically 

defined units that are functionally distinct; that requires problem solving at the watershed level, 

rather than at the individual water body or discharger level. 

EPA’s Watershed Academy Web Online Training 

Web site [http://www.epa.gov/watertrain/] 

provides watershed management training courses. 

Major features of a watershed protection approach are: 

 Targeting priority problems; 

 Promoting a high level of stakeholder involvement; 

 Identifying and integrating solutions that make use available expertise and authority; and 

 Measuring success through monitoring and other data gathering. 

To address water resource problems more effectively, tribes both should tailor their program tp 

the watershed of concern and be as comprehensive as possible. Many tribal watershed 

approaches address natural resource issues that cross geographic, jurisdictional, and political

boundaries. These approaches recognize the need for water supply, water quality, flood control, 

navigation, hydropower generation, fisheries, biodiversity, habitat preservation, and recreation. 

In addition, the issues of cultural values and sacred sites are important to tribal watershed 

management.

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Tribes can support and facilitate many of the management activities likely to be taken by 

watershed programs outside of Indian country. Tribes may also want to partner with regional 

planning bodies or water commissions to ensure their views are incorporated into 

regional/watershed decision-making. The following steps provide a comprehensive approach to 

watershed protection: 

 Scoping (identify issues and stakeholders); 

 Assessment (acquire and analyze data); 

 Synthesis (integrate results of the assessment); 

 Management solutions (develop options for improving conditions); 

 Implementation (implement selected option(s)); and 

 Adaptive management (monitor conditions and modify plans). 

3.7.9 POLLUTION PREVENTION AND WATER RESOURCES MANAGEMENT

The best way to protect water quality is to avoid 

polluting water in the first place. When pollution 

reaches surface or underground waterways, it can have 

many adverse effects, including impacts on drinking 

water sources. Water resource management 

approaches vary from community to community 

depending on various factors such as the source of 

water, size and population of the community, needs of 

the population, and the water supply system integrity. 

For example, water conservation may be a very high priority for some tribes, while other tribes 

may enjoy an abundance of source water. But in all cases, there is a need to protect water 

resources and manage them wisely. 

As with other tribal government activities, by incorporating pollution prevention criteria into the 

decisionmaking processes, tribal decision makers and water resource managers can: 

 Help prevent and reduce waste and pollution; 

 Prevent and reduce potentially harmful chemical exposures to employees and members; 

 Reduce risks of accidents and releases; and 

 Prevent or reduce potential liabilities and regulatory compliance burdens, while providing 

service delivery and cost savings to their organizations, customers and communities. 

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Programs that focus on municipal and industrial pollution prevention help prevent or reduce 

water pollution. Development of tribal source-water management programs can help achieve 

CWA and SDWA goals. Tribal education and outreach attempts can extend not only to 

members, but to non-members as well. Extension to non-members provides an opportunity to 

familiarize non-members around a reservation with the tribe’s role in managing and protecting 

resources, and the tribal interest in working with the larger community to conserve natural 

resources. 

3.7.9.1 TYPICAL WASTES GENERATED OR LOSSES CONTRIBUTING TO POLLUTION

Overall (affecting surface and groundwater) 

 Releases into stormwater sewer systems of hazardous substances such as used oil or 

household or yard chemicals; 

 Industrial site releases; 

 Runoff of pesticides, fertilizers, and herbicides (impacts include degradation of stream 

banks); 

 Lack of education, awareness, and participation (public and private sector) in programs for 

collection, recycling, and disposal of household hazardous waste materials; 

 Lack of education, awareness, and participation (public and private sector) in water 

protection and conservation activities; and 

 Combined sewer overflows discharging excess wastewater, including untreated human and 

industrial waste, toxic materials, and debris. 

Additional for Surface Water 

 Lack of residential and commercial development stormwater management controls; 

 Flood control projects that impair water quality; and 

 Soil runoff from construction and other sites. 

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3.7.9.2 TOP POLLUTION PREVENTION OPPORTUNITIES – OUTREACH & PROMOTION

Overall (surface and groundwater) 

 Develop local stormwater management and pollution prevention programs; 

 Develop source water (groundwater) protection programs such as the EPA’s Source Water 

Assessment and Protection Program [http://www.epa.gov/safewater/protect.html]; 

 Develop household hazardous waste collection initiatives; 

 Require pollution prevention BMPs as a permit condition under the CWA. Tribes could 

design BMPs on a case-by-case basis or develop generic BMPs that would be applied to all 

facilities in a given industrial category; 

 Set protective limits for reduction of discharges to wastewater treatment plants; 

 Set protective limits for discharges of hazardous substances and petroleum storage; 

 Adopt landscaping codes (e.g., institute irrigation restrictions); 

 Establish different pricing plans for households and businesses to reduce demand and 

remove unwanted subsidies; 

 Investigate reduced water use projects (i.e., ultra-low flush “toilet voucher programs,” low 

flow shower heads, sprinkler systems that are sensitive to rainfall, etc.); 

 Establish programs to conduct in-home water audits, leak repairs, and subsidized retrofits 

with water conserving fixtures; 

 Limit or exclude industrial discharges to septic systems through design review; and 

 Work with EPA UIC representatives to properly close endangering Class V well types. 

Additional for Surface Water 

 Develop local surface water protection programs; 

 Use local plants and establish sustainable water collection systems; 

 Develop erosion and sediment control programs; and 

 Set protective discharge limits for stormwater controls. 

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3.7.9.3 TOP POLLUTION PREVENTION OPPORTUNITIES – INTERNAL TRIBAL GOVERNMENT 

 OPERATIONS

Overall (surface and groundwater) 

 Conduct leak detection programs and perform plumbing fixture retrofits; 

 Upgrade water meters to ensure accurate readings (use water inventory meter and retrofit 

programs); 

 Develop BMPs for tribal government internal operations, in order to lead by example; 

 Integrate water conservation into new facility design; 

 Set protective limits to reduce of internal discharges to wastewater treatment plants; 

 Set protective limits for internal discharges of hazardous substances and petroleum storage; 

 Limit or exclude internal discharges to septic systems; 

 Use water recycling for golf courses, parks, landscaping, schools, firefighting, fountains, 

street sweeping, vehicle washing, and irrigation; 

 Adopt EPA’s Water Efficiency Program [http://www.epa.gov/owm/water-efficiency/], to reduce 

the need for wastewater treatment facilities, maintain stream flows and health aquatic 

habitats, and reduce the energy used to pump and treat water; and 

 Increase pervious surface areas by integrating low impact development techniques. 

Additional for Surface Water 

 Reconstruct or upgrade wastewater treatment plants; 

 Investigate wetland mitigation banking opportunities; 

 Set protective internal discharge limits for stormwater controls. 

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3.8 WATER SUPPLY 

Many tribal governments are responsible for 

operating public water systems (PWSs). A 

regulated PWS is any water system that makes 

water available for drinking to 15 or more 

connections, or regularly serves an average of 25 

individuals daily at least 60 days out of the year. PWSs are designed to provide and maintain 

reliable, safe, high-quality drinking water to consumers in their homes, at work, at school, at 

restaurants, roadside rest stops, and any other 

place the PWS makes water available to the 

public. 

EPA’s Ground Water and Drinking Water Web site 

[http://www.epa.gov/safewater/tribal.html] 

provides material on EPA’s tribal drinking water 

program. 

There are three types of public water systems:

 A Community Water System (CWS)

supplies water to the same residential 

population year-round. Examples include 

cities, towns, and rural water systems. 

 A Non-Transient Non-Community Water 

System (NTNCWS) regularly supplies water 

to at least 25 of the same people at least six 

months per year – but not to their residences. 

Examples include schools and factories that 

have their own water supply. 

 A Transient Non-Community Water 

System (TNCWS) provides water to at least 25 

different people a day for six months out the 

year (typically in a place where people do not 

remain for long periods of time.) Examples 

include restaurants, rest stops, and 

campgrounds that have their own water 

supplies.

The SDWA, giving EPA the authority to protect 

the public from chemical, physical, radiological, 

and microbiological contaminants in their 

drinking water. EPA has used this authority to 

develop regulations establishing maximum 

contaminant levels (MCLs) for many substances 

that can be harmful in drinking water and 

treatment technique regulations requiring public 

water systems to remove or inactivate other 

substances found in their source water. Other 

SDWA regulations are intended to protect the 

quality of source water and to ensure treated 

drinking water remains safe until it is delivered 

to consumers. 

Tribal PWSs are required to comply with all drinking water regulations that apply to their 

systems. They are also responsible for ensuring that the required water samples are collected and 

tested, and that the results of those tests and other required reports are sent to EPA, or to the 

tribal regulatory office if the tribe has been approved to exercise primary enforcement authority 

(“primacy”) for its drinking water program. To date, only the Navajo Nation has been approved 

for primacy. EPA administers the drinking water program for all other tribes. 

The drinking water requirements can be found at 40 CFR 141. The rules applicable to a 

particular public water system can vary depending on the PWS’s size (number of people it 

serves) and type (community, non-transient non-community, or transient non-community), and 

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the type of source water (groundwater or surface water) the PWS relies upon. Tribal PWS 

operators should contact EPA or its circuit riders to make sure they have correctly identified the 

requirements that their systems must meet. 

The operations necessary to provide and maintain reliable drinking water include water treatment 

and water distribution, and are discussed in detail below. A Typical Water Treatment Plant is 

displayed in Exhibit 3-3 below. 

Exhibit 3-3. Typical Water Treatment Plant 

3.8.1 WATER TREATMENT

The amount and type of treatment applied by a PWS 

varies with the source water type and quality. 

Drinking water can come from either surface water or 

groundwater sources. Water pumped from wells 

drilled into underground aquifers - geological formations containing water - is called 

groundwater. Many, but not all, groundwater systems can satisfy all federal drinking water 

requirements without applying any treatment. Water that is pumped and treated from sources 

open to the atmosphere, such as rivers, lakes, and reservoirs, is known as surface water. 

EPA’s Safe Drinking Water Tools for PWS 

provide “One”-stop knowledge portal to 

improve PWS operation. 

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Surface water sources, which are more exposed to contaminants in stormwater runoff and to 

microbiological contaminants, typically require more rigorous treatment. More than 90 percent 

of tribal PWSs use groundwater sources, but the approximately 75 tribal PWSs that use a surface 

water source are often the tribal systems serving the largest populations. Improper operation of 

these large systems could put thousands of people at risk of illness or death. 

Because water from both surface water and groundwater sources can become contaminated if it 

is not protected, a PWS must shelter its water source from chemical spills, human activities that 

can degrade water quality, and careless sanitary procedures. It is easier and more cost-effective 

for a PWS to start with relatively clean water. Cleaning up contaminated source water and 

making it safe to drink can be complicated, costly, and sometimes impossible. See Section 3.7.1 

Once the quality of its source water has been determined, a PWS should consult with EPA and 

its partners to develop an appropriate treatment process, or “treatment train.” A typical treatment 

train for PWSs that use surface water sources will include screening at the point of intake to 

strain out large objects and fish; presedimentation to allow many suspended solids to settle out of 

the source water by simple gravity; coagulation/flocculation/sedimentation to cause more of the 

suspended solids, chemicals, and impurities to settle out of the water; filtration to remove finer 

suspended particles and larger microbial contaminants; and disinfection to kill or inactivate 

microscopic organisms that can cause disease. 

3.8.2 WASTE DISPOSAL

Tribal PWSs should note that some treatment processes or technologies can produce waste 

products or waste streams that are themselves regulated. Settling ponds are intended to capture 

solids and chemicals removed from the source water and chemicals used to trigger coagulation 

and flocculation. Residual wastes can collect in filter media where they can become trapped or 

released as backwash during filter cleaning operations. The type of waste generated depends on 

the treatment technology selected and can also be affected by the quality of the source water. 

While the treatment trains used by tribal PWSs typically will not generate hazardous wastes, a 

tribe should work with EPA or its circuit riders to identify potential waste products and streams 

and to determine if they must be handled in accordance with the requirements of RCRA and the 

CWA. EPA can also help the tribe determine the best waste disposal option based on the 

system’s treatment train, the type of waste or wastewater generated, and level of contaminants 

present in the waste streams. 

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3.8.3 STORAGE AND MANAGEMENT OF DISINFECTING CHEMICALS

A tribal PWS that disinfects its water is 

likely to use, and have on site, chlorine, 

chloramines, or chlorine dioxide. These 

are the most commonly used disinfection 

agents because they effectively kill or 

inactivate biological contaminants in 

source water and remain in the treated water to prevent recontamination in the distribution 

system. If the disinfecting PWS is large enough to store or use a specified amount of these 

chemicals, it will be subject to the applicable planning and reporting requirements of OSHA, 

EPCRA, FIFRA (if using chlorine or other registered pesticides) and Section 112(r) of the CAA. 

The PWS should investigate disinfection technologies before deciding which method to use, and 

contact EPA if it has any questions. 

Brief explanations 

 Emergency Release Notification (EPCRA Section 304) 

 Hazardous Chemical Inventory and Reporting 

(EPCRA Sections 311 and 312)

 Risk Management Planning (CAA Section 112 (r)) 

3.8.4 WATER DISTRIBUTION

Distribution systems deliver drinking water from the treatment 

plant to the consumers. A distribution system can include 

storage facilities or tanks, water mains, service lines (lines from

water main to the building or property being served), and the 

associated valving and accessories. The distribution system 

must maintain adequate and constant water pressure to prevent 

contaminants from being drawn into the pipes, and must 

maintain a disinfectant residual to ensure that microbial 

contamination does not occur after water leaves the treatment 

plant. 

Distribution systems can be contaminated through cross-connections. A cross-connection is 

defined as an actual or potential connection between a potable supply of water and a non-potable 

supply and are typically due to poor plumbing practices. Cross-connections allow the entry of 

contaminated water from sources such as an adjacent sewer pipe, an industrial source, or 

stormwater runoff. The contaminant enters the distribution system if the pressure of the polluted 

source exceeds the water pressure in the distribution system. This action is called backflow and 

may be due to backpressure or back siphonage. Cross connections lie dormant until backflow 

occurs. Cross connections controls to prevent distribution system contamination can be found in 

a variety of regulations, standards, and codes, including plumbing codes, health codes, and 

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building codes. These vary widely throughout Indian country. Tribal PWSs should check with 

their EPA Regional Office for more information. 

3.8.5 OPERATIONS AND MAINTENANCE

Proper operation and maintenance (O&M) is essential to ensuring that a PWS effectively and 

efficiently provides safe drinking water to its consumers. Ensuring that the entire water system 

infrastructure (i.e., storage, treatment facilities, and distribution systems) is properly maintained 

can prevent entry and growth of microbiological contaminants in the distribution system and 

preserve the system’s overall structural integrity. Proper O&M can also result in lower costs to 

the PWS. These O&M costs include: 

 The cost of labor (including training of operators); 

 Energy costs; 

 The cost of rehabilitating or replacing equipment; 

 Chemicals costs; 

 The cost of waste disposal; 

Operator certification information is found at

http://epa.gov/safewater/opcert/opcert.htm

 Safety and security costs; and 

 Other miscellaneous costs like insurance 

and taxes. 

A preventive maintenance program will allow a tribal PWS to maximize the usefulness of 

equipment and piping, help avoid problems, and cut down or delay rehabilitation or replacement 

costs. Some key items and equipment that should be included in a preventive maintenance 

program include: 

 Monitoring equipment calibration; 

 Pump inspection and maintenance; 

 Inspection and maintenance of disinfection system; 

 Valve inspection and maintenance; 

 Maintenance and repair of water mains and storage tanks or reservoirs; 

 Distribution system flushing; 

 Cross connection and backflow prevention; 

 Distribution system piping repair or replacement; and 

 Safety (confined space measures, lockout/tagout procedures, oxygen deficiency hazard 

measures). 

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The above list is not all-inclusive and tribal PWSs should tailor their preventive maintenance 

programs to meet their specific needs. In implementing a preventive maintenance program, a 

tribal PWS should follow manufacturer equipment instructions and recommendations, plumbing, 

electrical, and building codes, proper engineering and construction practices, safety standards, 

MSDSs, and any other applicable requirements (including permits). Tribal PWSs should contact 

their EPA Regional Office for more information on developing and implementing a preventive 

maintenance program, including system-specific O&M issues. 

Sanitary Surveys help to ensure proper PWS operation. A sanitary survey is intended “to 

evaluate and document the capabilities of the water system’s sources, treatment, storage, 

distribution network, operation and maintenance, and overall management to continually provide 

safe drinking water and to identify any deficiencies that may adversely impact a public water 

system’s ability to provide a safe, reliable water supply.” Sanitary surveys are indispensable for 

ensuring the delivery of safe water on a sustainable basis. When conducted properly and with 

appropriate follow-up, sanitary surveys can: 

 Reduce the risk of waterborne disease; 

 Provide an opportunity to educate system operators; and 

 Identify systems needing technical or capacity development assistance. 

EPA’s sanitary survey resources are located at http://epa.gov/safewater/dwa/resources. 

3.8.6 SAFETY AND SECURITY

A tribal PWS must comply with safety requirements like any other work 

environment. For example, the use of hazardous chemicals, such as chlorine 

for disinfection, at a PWS would require MSDSs. Extreme caution should 

always be exercised by anyone performing O&M procedures. Safety 

procedures such as confined space, trench shoring (for excavations), and lockout/tag-out should always be used. Other regulations may also apply. 

Security practices should also be incorporated into the every day business functions of a tribal 

PWS. Activities such as fence cutting and lock picking, previously dismissed as harmless, may 

be indications of more serious threats to the PWS. Tribal PWSs must be prepared to respond to 

threats, as well as a wide range of emergencies, such as natural disasters. Improved security 

preparations provide for a more effective and efficient response. A tribal PWS should contact 

EPA for more information on tools, training, and technical assistance pertaining to water system 

security and emergency response. For more information, see 

http://cfpub.epa.gov/safewater/watersecurity/index.cfm

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3.8.7 SAFE DRINKING WATER ACT COMPLIANCE

Tribal PWSs are responsible for complying with SDWA requirements with respect to water 

quality, treatment techniques, recordkeeping, and reporting. As part of those regulations, water 

supply facilities are required to sample and analyze the water for specific chemicals and 

microbiological organisms to ensure that applicable treatment techniques are followed and the 

MCLs are not exceeded. Tribal PWSs are in violation and may be subject to fines and other 

penalties if any of the following occur: 

 The system exceeds an MCL; 

 The system fails to comply with a treatment technique; 

 The system fails to monitor for contaminants; 

 The system fails to report monitoring results to the Primacy Agency; or 

 The system fails to provide the appropriate public notification. 

All tribal PWSs also must maintain records, including sample analyses, actions taken to correct 

violations, sanitary surveys of the system, and variances or exemptions granted to the system. 

When MCLs are exceeded, tribal PWSs must 

notify EPA, or their tribal regulatory office if 

they have been granted primacy. A PWS that 

exceeds an MCL is also required to notify its 

consumers of the violation. The public notification requirements are based on the severity of the 

violation. Generally speaking, if the contaminant at issue can make people sick immediately, the 

notification must be made within 24 hours. EPA’s Final Drinking Water Public Notification 

Regulations Web site [http://www.epa.gov/OGWDW/pws/pn/rulefact.html] provides more information. 

Drinking water standards and MCLs are found at 

EPA’s Ground Water and Drinking Water Web site 

[http://www.epa.gov/safewater/standards.html]. 

In addition, every CWS is required to provide its customers annual Consumer Confidence 

Reports that describe the quality of the system’s water source, identify any regulated 

contaminants detected in the drinking water, and note any violations of drinking water standards. 

For more information, go to EPA’s Consumer Confidence Report (CCR) Web site 

[http://www.epa.gov/safewater/ccr/index.html] provides additional information. 

For more information about any issues related to supplying public drinking water, please contact 

your Regional EPA Tribal Drinking Water Coordinator listed in Appendix B. 

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3.9 WASTEWATER MANAGEMENT

Some tribal governments are responsible 

for designing, planning, constructing, 

financing, operating, and maintaining 

wastewater treatment plants. Other tribes 

may run regional wastewater treatment 

plants for service areas exceeding their 

reservation and enter into service contracts 

with regional authorities or individual 

users. In both cases, tribes are responsible for the conveyance systems that transport wastewater 

to the treatment plant and discharge storm water runoff to nearby water bodies. 

EPA’s Tribal PWSS and UIC Web site 

[http://www.epa.gov/safewater/tribal/history.html] 

provides material on EPA’s Wastewater point sources

programs, including pipes, ditches, and sanitary or 

storm sewers. EPA’s Clean Water Indian Program page 

[http://www.epa.gov/owm/mab/indian/index.htm] 

provides additional information. 

A publicly owned treatment work (POTW) consists of the wastewater treatment plant and a 

collection system that transports sewage to it. A collection system can be either of two types (or 

some combination of the two): 

 Separate sewer systems that are designed to convey only municipal sanitary sewage and 

industrial wastewater. 

 Combined sewer systems that are designed to convey storm water runoff in addition to 

municipal sewage and industrial wastewater. 

A third type of conveyance system – a 

municipal separate storm sewer system (MS4) 

– conveys storm water runoff directly to 

nearby waters rather than to a POTW. 

Overall, POTWs are responsible for 

collecting, treating, analyzing, and 

discharging wastewater received from 

separate sanitary or combined sewer systems, as well as for disposing of sewage sludge, or 

“biosolids,” generated during the treatment process. A POTW must comply with its NPDES 

permit, including requirements for industrial pretreatment, compliance monitoring, and proper 

use or disposal of biosolids. A POTW is also responsible for laboratory operations, chemical 

storage and hazardous materials management, and vehicle and equipment maintenance. Exhibit 

3-4 presents common wastewater management operations. 

EPA uses a broad definition of “municipal” to define 

municipal sewer systems – conveyances that are 

owned or operated by a state, city, town...or other 

public body having jurisdiction of disposal of 

sewage, industrial wastes, stormwater, or other 

wastes, including...an Indian tribe or an authorized 

Indian tribal organization, or a designated and 

approved management agency under Section 208 of 

the CWA. 

Exhibit 3-4. Wastewater Management 

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WASTEWATER MANAGEMENT

Collection

System Operation

and Maintenance

Municipal Separate

Storm Sewer

System

Combined Sewer

System

Sanitary Sewer

System

Treatment

Pretreatment

Program

Compliance

Chemical Storage/

Hazardous

Materials

Management

Laboratory

Operations

Biosolids

Management and

Disposal

NPDES Permit

Compliance

3.9.1 OPERATION AND MAINTENANCE OF SEWER SYSTEMS

A tribal government may be responsible for operating and maintaining three types of conveyance 

systems: 

 Separate Sanitary Sewer Systems; 

 Combined Sewer Systems; and 

 Municipal Separate Storm Water Systems. 

These systems may be regulated under the NPDES, pretreatment, or storm water provisions of 

the CWA and 40 CFR Section 122.26. EPA generally is the permitting authority when NPDES 

or other permits are required in Indian country under federal environmental laws. 

3.9.1.1 SANITARY SEWER SYSTEMS

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Some tribal governments design, construct, operate, and maintain sanitary sewer systems to 

convey wastewater from homes and businesses to wastewater treatment plants. Some tribal 

governments install new sewer lines, clean blocked lines, repair leaky lines, maintain root 

control, repair manholes, operate and maintain pump stations, and conduct all maintenance 

activities necessary to prevent overflows and ensure that wastewater is conveyed to the treatment 

plant. Other tribes contract with outside suppliers to utilize sewer systems already in place in 

neighboring governments. 

Maintaining sanitary sewer systems is a significant 

responsibility for tribal governments. Leaks or the 

infiltration of wastewater into the sewer system can 

occur through cracks and improperly sealed pipe 

joints. Overall, this “infiltration and inflow” (I/I) 

raises the volume of wastewater in sewers and 

lowers system capacity. During significant rainfall 

events, the sewer system cannot carry the excess 

wastewater, and flooding can occur. Diluted and untreated sewage can back up through 

manholes and into basements, spill into storm drains 

and creeks, and wash up onto beaches. To ensure 

maximum system capacity and to prevent these 

“sanitary sewer overflows” (SSOs), tribal governments must undertake active monitoring and 

preventive maintenance programs to identify and repair leaky sewer lines, as well as conduct any 

major upgrades or restorations. 

Sanitary sewer capacity is reduced by 

groundwater seepage through leaky pipes and 

storm water flow, through leaky and missing 

manhole covers, and domestic and industrial 

roof drains. While much of the leakage occurs in 

main trunk sewers, more than 50 percent of 

groundwater seepage in certain areas may come 

from holes in pipes on private property. 

EPA’s Sanitary Sewer Overflow Material is found 

at http://epa.gov/npdes/sso

Tribal governments that operate POTWs are required to report all overflows and flooding from 

either sanitary or combined sewage systems so that repairs can be made and preventive action 

can be taken, to minimize environmental and human health impacts. 

SSOs, whether caused by excessive I/I, inadequate capacity, blockages, or equipment failure, 

impact the environment through the discharge of raw sanitary sewage. These discharges often 

result in direct human exposure to raw sewage, as well as surface and groundwater 

contamination. SSOs are unpermitted, illegal discharges under the CWA and may subject the 

tribal government to enforcement action by EPA or the tribal regulatory authority. 

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3.9.1.2 COMBINED SEWER SYSTEMS

Although limited in number, some tribal 

governments maintain combined sewer systems 

(CSSs) that are designed to carry sanitary sewage, 

industrial wastewater and storm water runoff to the POTW. During periods of heavy rainfall or 

snowmelt, the wastewater volume in a CSS can exceed the capacity of the system. CSSs, 

therefore, are designed to overflow and discharge excess wastewater directly to nearby water 

bodies. These discharges are called combined sewer overflows (CSOs). 

EPA’s CSO Information is available at 

http://epa.gov/npdes/cso.

Tribes with CSSs have operation and maintenance responsibilities similar to those for separate 

sanitary sewer systems, such as installing new sewer lines, cleaning blocked lines, and inspecting 

for and fixing leaks and infiltration. However, their most important activity is controlling CSOs, 

which contain not only storm water, but also untreated human and industrial waste, toxic 

materials, and debris. EPA’s Combined Sewer Overflows (CSOs) section on the NPDES page 

[http://cfpub.epa.gov/npdes/home.cfm?program_id=5] provides material on CSOs. 

3.9.1.3 MUNICIPAL SEPARATE STORM SEWER SYSTEMS 

Although rare in Indian country, some tribal 

governments also are responsible for operating and 

maintaining municipal separate storm sewers 

(MS4s). MS4s are designed to convey storm water 

from impermeable areas to bodies of water. In 

conveying storm water directly to streams, rivers, and lakes, MS4s also transport oil, grease, 

pesticides, herbicides, dirt and grit, all of which have the potential to reduce water quality. 

Tribal government operations related to operating and maintaining storm sewer systems include 

clearing blocked sewer lines, preventing contaminants from entering the storm sewer system, 

constructing storm water controls, and sampling and analyzing storm water discharges. In 

addition, tribal governments can reduce the volume of silt and solids being transported to the 

sewer systems and reduce water contamination by cleaning streets, removing wastes, and 

cleaning sewer screens. 

EPA’s Stormwater Discharges from Municipal 

Separate Storm Sewer Systems (MS4s) Web site 

[http://cfpub.epa.gov/npdes/stormwater/munic.cfm] 

provides information on MS4s.

Medium and large MS4 operators are required to submit comprehensive permit applications and 

are issued individual permits. Regulated small MS4 operators have the option of choosing to be 

covered by an individual permit, a general permit, or a modified Phase I MS4 individual permit. 

Tribal governments responsible for operating and maintaining MS4s submit permit applications 

to EPA. 

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3.9.1.4 SEWER LINE REPAIR/REPLACEMENT

Separate, combined, and storm sewer systems require repair to eliminate conditions that impede 

their ability to convey sewage and storm water flows. Sewers and other collection system 

components, such as manholes, pump stations, and siphons, must be repaired or replaced to 

address structural failure, infiltration (leakage of groundwater into pipes), exfiltration (leakage of 

sewage out of pipes), and blockages. In combined sewers, flow regulators must be repaired 

when they fail to divert combined wastewater flows at the intended flow rates. Portions of a 

sewer system may need to be replaced to address inadequate capacity, which can result in 

separate sewer system overflows during periods of high flow. Repairs may involve replacing 

individual pipe sections, replacing entire sewer segments, or repairing existing sewers. Grouting 

leaking joints, lining existing sewers, and rebuilding or lining manholes and other structures all 

may be necessary. 

Separate and combined sewer system repairs can impact the environment through the discharge 

of raw sewage around the line or system component being repaired. Repairs of separate, 

combined, and storm sewers also can affect the environment through erosion and sedimentation, 

which take place as a result of excavation, stockpiling, and backfilling, or through the discharge 

of sediment-laden water from the repair excavation. Guidance on sewer maintenance activities is 

often included in a tribal government POTW’s NPDES permit. 

3.9.2 WASTEWATER TREATMENT

Some tribal governments may be responsible for 

wastewater treatment. POTWs are responsible for 

the treatment, analysis, and discharge of wastewater 

received from sanitary or combined sewer systems, 

and the disposal of sludge generated from the 

treatment process. 

Activities at a POTW may include: 

 Operating and maintaining the plant to ensure 

that discharges meet the facility’s NPDES permit requirements and limitations; 

 Overseeing a pretreatment program to prevent industrial discharges from causing 

interference or pass through, sludge contamination, or the plant to violate its permit; 

 Sampling and analyzing wastewater and sludge prior to discharge or disposal to meet 

NPDES monitoring requirements; 

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 Managing biosolids from the treatment processes by landfilling, land application, surface 

disposal, incineration, or composting; and 

 Maintaining records and submitting discharge monitoring reports (DMRs). 

 

Because these activities could affect the environment, they may be subject to environmental 

regulations as indicated in the following list: 

 Wastewater treatment process – CWA; 

 NPDES permit compliance – CWA; 

 Wastewater treatment plant effluent injection - SDWA; 

 Laboratory operations – CWA and RCRA; 

 Pretreatment program – CWA; 

 Biosolids management and disposal – CWA, RCRA, and CAA; and 

 Chemical storage/hazardous materials management – EPCRA, CERCLA, and CAA 

EPA’s information on wastewater treatment plants is found at 

http://cfpub1.epa.gov/npdes/home.cfm?program_id=13. 

3.9.2.1 WASTEWATER TREATMENT PROCESS

Municipal wastewater (sewage) treatment is defined as primary, 

secondary, or tertiary according to the extent of pollutant removal and 

the mechanisms (physical, biological, or chemical) through which 

pollutants are removed. Primary treatment consists primarily of physical 

processes (settling or skimming) that remove a significant percentage of 

the organic and inorganic solids from wastewater. Secondary treatment 

depends on biological action to remove fine suspended solids, dispersed 

solids, and dissolved organics by volatilization, biodegradation, and 

incorporation into sludge. In addition, secondary treatment satisfies 

much of the oxygen demand of the pollutant(s). Tertiary (advanced) 

treatment uses a variety of biological, physical, and chemical treatment approaches to reduce 

nutrients, organics, and pathogens. 

Tribes with wastewater treatment facilities may use “biogas,” a product of anaerobic digestion, 

either offsite or within the plant to improve the energy efficiency of wastewater treatment 

processes. Biogas, a gas composed of methane, carbon dioxide, hydrogen sulfide, and other 

minor gaseous compounds, has about 60 percent of the heat value of natural gas. If the gas is not 

used, it can be flared, which may be regulated under the CAA. 

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3.9.2.2 NPDES PERMIT COMPLIANCE

Tribal governments with wastewater plant operations and/or a collection 

system (sanitary or combined) that conveys wastewater to a POTW are 

responsible for complying with applicable federal and tribal regulations. 

Proper operation and maintenance are critical for sewage collection and 

treatment because the environmental impacts from these processes can 

severely degrade water resources and, ultimately, human health. For these 

reasons, POTWs receive NPDES permits to ensure compliance with federal regulations. 

NPDES permits, issued by EPA or an authorized tribal 

government, establish effluent limits, including type and 

quantity restrictions, and pollutant monitoring, 

recordkeeping, and reporting requirements. Each POTW 

(or other dischargers into surface water) that intends to discharge into the nation’s waters must 

obtain an NPDES permit prior to initiating its discharge. To date, no tribe is authorized to issue 

NPDES permits. 

EPA’s NPDES Web site offers a wide

array of material on this permit 

program. See [http://epa.gov/npdes]

To comply with the NPDES permit, tribal governments are responsible for implementing an 

NPDES monitoring program at their POTWs. To comply with the program, POTWs must 

collect samples of effluent discharges at the frequencies and locations specified in their permits 

and submit monitoring reports to EPA or a tribe that is authorized to administer the NPDES 

program. Sampling and analysis are conducted to verify that the amounts and types of pollutants 

discharged from wastewater treatment systems meet the NPDES permit limits. The NPDES 

permit specifies the parameters that must be monitored, which vary by plant. The primary 

parameters in NPDES permits for POTWs include flow, biochemical oxygen demand (BOD), 

pH, fecal coliform, residual chlorine, and suspended solids. A NPDES permit may include other 

parameters, such as bioassay toxicity tests and metals. 

If a POTW meets the NPDES permit requirements, the systems usually are operating properly. 

Failure to comply with permit requirements can result in permit suspension, increased 

monitoring requirements, increased inspections, and/or issuance of fines or other penalties by 

EPA or the relevant tribal government regulatory agency. 

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3.9.2.3 LARGE CAPACITY SEPTIC SYSTEMS

Some tribal facilities rely on on-site waste water treatment 

systems and large capacity septic systems to treat 

wastewater, facilities with on site systems may include 

casinos, housing clusters, schools and other public 

buildings, day care centers, gymnasiums, and shopping areas. A septic system is considered a 

Large Capacity Septic System (LCSS) if it receives solely sanitary waste either from multiple 

dwellings, or from a non-residential establishment, where the system has the total capacity to 

serve 20 or more persons per day. LCSSs are regulated as Class V wells under the federal 

Underground Injection Control (UIC) Program 

[http://www.epa.gov/safewater/uic/classv/class5_types_lcss.html]. Although LCSSs can be individually 

permitted, the majority of LCSSs, are "authorized by rule" provided they meet minimum federal 

requirements. "Authorized by rule," means that an individual permit is not required. 

EPA’s Septic System information is 

available at [http://epa.gov/owm/septic]

EPA does not have permit requirements for septic systems used by single-family homes or nonresidential septic systems receiving solely sanitary waste that serve fewer than 20 persons per 

day. However, if these systems are improperly sited, operated or maintained they can threaten 

water quality. EPA has the authority to address malfunctioning systems on a case-by-case basis. 

The minimum federal requirements for LCSSs are: 

 The owner or operator is required to submit basic inventory information to EPA or tribe 

with primary control; and 

 The injectate cannot endanger an underground source of drinking water (USDW). 

Inventory information includes: facility name and location, owner/operator name and address, 

nature and type of injection well, and operating status. A complete discussion is found on EPA’s 

Minimum Federal Requirements for Class V Wells page of the UIC Program Web site 

[http://www.epa.gov/safewater/uic/cl5oper/cl5minreq.html]. 

The second minimum federal requirement prohibits injection that allows the movement of fluids 

containing any contaminants (such as nutrients, pathogens, solvents or heavy metals) into an 

USDW if the presence of that contaminant may cause a violation of any primary drinking water 

regulation or adversely affect public health. 

If the LCSS is designed, operated, and maintained properly, they generally should not endanger 

USDWs. To get more information on LCSS in your area contact your regional UIC program 

representative. See [http://www.epa.gov/safewater/uic/pdfs/rpt_uic_nationaldirectory2004v5.pdf]. 

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3.9.2.4 LABORATORY OPERATIONS

Some POTWs analyze wastewater samples and sludge at on-site laboratories. Laboratory 

procedures must comply with approved methods and meet NPDES monitoring requirements. 

Chemicals used in the laboratory include acids (e.g., sulfuric, hydrochloric, nitric), bases (e.g., 

sodium hydroxide, potassium hydroxide, sodium azide solution), and others (e.g., chlorine, ferric 

salts, carbon disulfide, benzene). The quantity of wastes generated depends on the number and 

types of tests performed. The storage and disposal of some wastes generated from laboratory 

activities may be regulated under the hazardous waste provisions of RCRA. 

POTWs are responsible for operating the wastewater laboratory safely. To prevent laboratory 

accidents, chemicals should be stored in a properly ventilated and well-lit room. All bottles and 

reagents should be clearly labeled and dated. Volatile liquids that can escape as a gas, such as 

ether, must be kept away from heat sources, sunlight, and electrical switches. Cylinders of gas 

being stored should also be capped and secured to prevent rolling or tipping. 

3.9.2.5 PRETREATMENT PROGRAM

Under the pretreatment regulations (40 CFR 403), POTWs are required to develop and 

implement local pretreatment programs. Through this program, the POTW is directly 

responsible for the regulation of certain industrial users discharging to the wastewater treatment 

system. Information on pretreatment programs can be found at the Pretreatment Program section 

on the EPA’s NPDES Web site [http://cfpub.epa.gov/npdes/home.cfm?program_id=3]. 

3.9.2.6 BIOSOLIDS MANAGEMENT AND DISPOSAL

Some tribal governments are responsible for managing 

and disposing of sewage sludge (i.e., biosolids). 

Biosolids are a primary organic solid product produced 

by wastewater treatment processes that can be 

beneficially recycled (the fact that biosolids can be 

recycled does not preclude their disposal). These tribal 

governments must follow the federal sludge management program (40 CFR Part 503), which 

establishes requirements for the final use or disposal of biosolids when biosolids are: 

Biosolids (or sewage sludge) are defined 

as solid, semi-solid, or liquid residue

generated during the treatment of 

domestic sewage in treatment works. See 

[http://epa.gov/owm/mtb/biosolids/index.htm] 

 Applied to land to condition the soil or fertilize crops or other vegetation grown in the soil; 

 Placed on a surface disposal site for final disposal; or 

 Fired in a biosolids incinerator. 

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A fourth disposal option is landfilling. If biosolids are placed in a municipal solid waste landfill, 

the landfill owner/operator is responsible for ensuring that the biosolids meet the provisions of 

40 CFR Part 258. 

3.9.2.7 CHEMICAL STORAGE/HAZARDOUS MATERIALS MANAGEMENT

If storing or using specified amounts of certain 

hazardous chemicals, a tribal government may be 

subject to planning and reporting requirements of 

EPCRA and Section 112(r) of the CAA. Hazardous 

chemicals may be used in various wastewater 

collection and treatment operations, such as disinfection as part of the treatment process, or 

cleaning and other maintenance activities. Specifically, chlorine and sulfur dioxide are 

commonly used in the disinfection (chlorination/dechlorination) process. Additional chemicals 

may be used in laboratory procedures to analyze wastewater samples. Facilities must generally 

submit hazardous chemical inventory and emergency release information as provided in RCRA, 

CAA, and EPCRA. See section 3.3.1 (Chemical Emergency Preparedness) and section 3.10.4.1 

(Risk Management and Prevention Planning). 

Is it a Regulated Chemical? Appendices A 

and B of 40 CFR Part 355 list EPCRA 

EHSs. 40 CFR Part 302 lists CERCLA 

hazardous substances. 

3.9.3 STORM WATER DISCHARGES

Some tribal governments have enacted storm water discharge programs. Storm water discharges 

are generated by runoff from land and impervious areas such as paved streets, parking lots, and 

building rooftops during rainfall and snow events. These discharges often contain pollutants in 

quantities that could adversely affect water quality. Many industrial/commercial storm water 

discharges are considered point sources and require an NPDES permit. The primary method to 

control storm water discharges is through the use of best management practices. Information on 

BMPs is found in section 3.7.4.1 and at 

http://epa.gov/npdes/stormwater. 

Polluted stormwater runoff is a leading cause of 

impairment to water bodies. Over land or via 

storm sewer systems, polluted runoff is discharged, 

often untreated, directly into local water bodies. 

When left uncontrolled, this water pollution can 

result in the destruction of fish, wildlife, and 

aquatic life habitat; a loss in aesthetic value; and 

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threats to public health due to contaminated food, drinking water supplies, and recreational 

waterways. 

Under the CWA, the NPDES Stormwater Program is a comprehensive two-phased national 

program for addressing the non-agricultural sources of stormwater discharges, which adversely 

affect the quality of our nation's waters. The program uses the NPDES permitting mechanism to 

require the implementation of controls designed to prevent harmful pollutants from being washed 

by stormwater runoff into local water bodies. 

As indicated in Section 3.6.2, Stormwater, the NPDES stormwater program requires operators of 

construction sites one acre or larger (including smaller sites that are part of a larger common plan 

of development) to obtain authorization to discharge stormwater under an NPDES construction 

stormwater permit. Tribal governments must apply if they meet either of the two parts of the 

stormwater regulation definitions of “operator.” 

3.9.4 OTHER OPERATIONS THAT MAY BE REGULATED

In addition, POTWs may be regulated for pesticide 

management. POTWs may use pesticides, particularly 

herbicides, to control weed growth and maintain the 

plant site. Activities related to pesticide use and storage 

may be regulated under the provisions of FIFRA, 

EPCRA, or Section 112(r) of the CAA. See Section 

3.10 for more information on pesticide management. 

3.9.5 POLLUTION PREVENTION IN WASTEWATER MANAGEMENT 

A substantial amount of the pollution generated by wastewater management activities can be 

prevented. In preventing pollution, wastewater treatment plants can serve as role models for 

their residential, commercial, and industrial customers; they can also help or require dischargers 

to reduce their own toxic discharges to sewers through education, on site assistance, and 

regulatory programs. 

3.9.5.1 TYPICAL WASTES GENERATED

Sewer line and wastewater treatment operations and maintenance are key to ensuring proper 

treatment of wastewater and protection of the environment. Unintended releases of partially 

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treated or untreated sewage can result from leaks from pipes or sewers and inadvertent 

discharges to waterways. 

The wastewater treatment process involves treating both the liquid and solid factions of 

wastewater. In doing so, various chemicals may be added to either the solids or the liquids to 

produce an appropriate product meeting discharge requirements. By products of the treatment 

process can include flared methane, bar screen waste, and grit chamber material. 

3.9.5.2 POLLUTION PREVENTION OPPORTUNITIES IN WASTEWATER MANAGEMENT

Keep harmful chemicals out of the sewer lines and protect line workers, the plant, and the 

public’s investment. Work closely with pollution prevention programs, economic development 

commissions, and pretreatment programs. 

 Institutionalize a preventive maintenance program to predict problems before they occur 

instead of reacting to them after their occurrence. 

 Design, implement, and evaluate sewage acceptance procedures, including provisions for 

spill prevention, discharge limitations, hauler performance guarantee, and enforcement or 

permit revocation. 

 Explore, evaluate and implement alternatives to existing wastewater treatment processes, 

such as ultraviolet radiation or osmosis, to avoid using toxic chemicals such as chlorine and 

sodium hypochlorite. 

 Reuse or recycle solids (e.g., primary scum) and secondary screenings in areas such as 

landscaping. Check tribal regulations for any special requirements for disposal in Indian 

country and state and local regulations for any special requirements for disposal outside of 

Indian country. 

 Post and track statistical control tools to inform all employees of the plants target operating 

level and the actual operating level. 

 Establish a screening mechanism for procuring chemicals that evaluates non-toxic 

alternatives and reduces chemical dependence, thereby lowering hazardous waste use and 

avoiding hazardous waste generator status. 

 Be innovative in use and reuse of energy, such as fuel cells operating from methane, 

participating in the United States Department of Energy’s (DOE) Building Technologies 

Program, including using heating/air conditioning controls and room sensors in buildings. 

See [http://www.eere.energy.gov/buildings/program_areas/index.html]. 

 Use alternative transportation, such as bicycles, at the facility. Offer transit subsidies, 

telework, and flex-schedules for employees. 

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3.10 PESTICIDE MANAGEMENT 

EPA’s Pesticide Web site [http://www.epa.gov/pesticides/] and 

Tribal Pesticide Program Web site

[http://www.epa.gov/oppfead1/tribes/] provides information 

about EPA’s pesticide program. EPA’s National Agriculture 

Compliance Assistance Center Web site 

[http://www.epa.gov/agriculture/] is another useful resource. 

Some tribal governments may 

engage in pesticide management, 

which includes applying, storing, 

and disposing of pesticides. 

Exhibit 3-5 presents activities 

associated with pesticide 

management. 

Exhibit 3-5. Pesticide Management 

PESTICIDE MANAGEMENT

Purchasing Application Storage Disposal Spill Response

Reporting/

Notification

Reporting/

Notification

Recordkeeping

Certification Indoor Outdoor

Because these activities could affect human health and the environment, they may be subject to 

federal environmental laws and regulations, as indicated in the following list: 

 Application – FIFRA, CWA and ESA; 

 Storage – FIFRA, EPCRA, CERCLA, and CAA; 

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 Disposal – FIFRA, CWA, and RCRA; and 

 Spill/Release Response – EPCRA, CERCLA, AND CAA. 

Regardless of who is responsible for pesticide regulation, tribes should understand that misuse of 

a pesticide could cause damage to non-target species (i.e., humans, pets, or other animals and 

plants). Pesticide labels, which describe when and under what conditions pesticides can be 

applied, mixed, stored, loaded, or used, should be followed strictly to prevent indoor pollution 

and potential hazards to humans and animals. In addition, federal labeling requirements 

establish worker protection standards, which include information on restricted entry intervals 

after pesticide usage and personal protective equipment requirements. 

3.10.1 PURCHASING PESTICIDES

Purchasing includes the acquisition of pesticides and the equipment used to mix, load, and apply 

pesticides. Although these purchases are generally not regulated directly by federal 

environmental laws, purchasing decisions can impact the environment. Restricted use pesticides, 

which may be highly toxic, must only be purchased and used by applicators certified as 

competent to handle such pesticides. See Section 3.10.2.4 for information on restricted use 

pesticides. 

The purchase of pesticides sold in returnable containers will eliminate a tribe’s need to dispose 

of the containers, which could be a regulated hazardous waste under RCRA; by returning the 

containers to the dealer, tribes also reduce their environmental footprint and risk. In addition, a 

tribe may elect to purchase certain types of equipment that apply pesticides more efficiently, 

thereby conserving resources, and reducing the environmental impacts of pesticide application. 

Tribes also need to keep abreast of timetables for pesticides being phased out under reregistration actions. 

3.10.2 APPLYING PESTICIDES

Pesticide application methods and practices depend largely upon the nature of the application. 

Pesticides may be applied indoors (e.g., housing units, schools, other buildings) or outdoors (e.g., 

solid waste management units, parks, aquatic uses, wetlands, open range, roadsides, right of 

ways, agriculture enterprises, recreational areas, and other tribal lands). Additionally, a wide 

range of household products contain pesticides, such as cockroach sprays and insect repellents, 

which can be applied without training as long as the label requirements are followed. However, 

“restricted use” pesticides can only be applied by certified individuals. 

The hundreds of application methods available can be categorized into three major types: 

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 Sub-surface application methods, including injecting the pesticide into the ground to 

control subterranean insects (i.e., termites, grubs, and nematodes) and other sub-surface 

methods, such as incorporating the pesticide into the soil; 

 Surface applications, which include applying pesticides, repellants, disinfectants, or 

mildewcides directly to surfaces (e.g., applications to floorboards, structures, animals or 

insects, crack/crevices); and 

 Aerial application, including application via aircraft, back packs, and spray booms to apply 

pesticides to trees, row crops, and open range, or fumigants to control mosquitoes and 

wood-boring insects, such as termites. 

Pesticides come in many forms, including gases, sprays, dusts, granulars, baits, and dips. 

Pesticide-related activities are primarily regulated under FIFRA, which requires that pesticide 

application occur in a manner consistent with product label instructions. All pesticide 

management operations must comply with federal pesticide use requirements unless EPA grants 

an emergency exemption from the requirements (40 CFR166). The application of pesticides may 

also be regulated under the CWA if the tribal government develops BMPs that are included in its 

stormwater or wastewater discharge permit. 

3.10.2.1 APPLYING PESTICIDES INDOORS

Indoor pesticide application can occur in agricultural and non-agricultural areas and in any type 

of structural or industrial area requiring pest management, including grain silos. Applicators 

must follow label requirements for both general and restricted use pesticides. Applicators 

applying pesticides indoors must follow guidelines listed under 40 CFR 171, regulating the use 

of pesticides in, on, or around the following structures: 

 Food-handling establishments; 

 Human dwellings; 

 Institutions (e.g., schools, hospitals, offices, warehouses, public buildings); and 

 Industrial establishments (e.g., warehouses and grain elevators, and any other structures 

and adjacent areas, public or private). 

The potential environmental impacts from indoor pesticide application are air pollution and 

exposure of people, non-target animals, and plants. 

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3.10.2.2 APPLYING PESTICIDES OUTDOORS

Tribal governments may be responsible for supervising the use of restricted pesticides in the 

following areas or during the following activities: 

 Forests, nurseries, and forest seed producing areas; 

 Commercial or private agriculture operations; 

 Ornamental trees, shrubs, flowers, and turf producing 

areas; 

 Livestock operations; 

 Maintenance of roads, electric power lines, pipelines, 

railway rights-of-way, or other similar areas; 

 Eradication of noxious weeds, mosquitos, other aquatic 

pests, and invasive species; 

 Maintenance of irrigation canals; and 

 Recreation or other outdoor areas. 

Liquid spraying is one of the most common methods of applying pesticides to outdoor areas; it 

may be conducted by aerial spraying, tractor spraying, spray rigs, air blasters, hand spraying, or 

other liquid spray devices. The potential environmental impacts from outdoor pesticide 

application are human exposure and air, soil, and water contamination. 

The application of certain pesticides may destroy or adversely affect endangered or threatened 

species of fish, wildlife, or plants, and their habitats. Tribal governments must comply with 

applicable requirements under the ESA. Tribal governments can work with EPA’s Endangered 

Species Protection Program to learn more about the protection of endangered species from the 

use of pesticides. 

Outdoor pesticide activities are regulated under the label requirements and application provisions 

of FIFRA. FIFRA also establishes worker protection standards designed to protect agricultural 

workers and pesticide handlers. These include 

posting warning signs in areas where pesticides 

have been applied, restricting entry intervals 

after pesticide usage, and requiring the use of 

personal protective equipment. See Section 

3.10.4. 

EPA’s Endangered Species Protection Program

Web site [http://www.epa.gov/espp/] provides

more information on species protected from the 

dangers of pesticides. 

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3.10.2.3 CLEANING APPLICATION EQUIPMENT

While there is no way to completely remove all traces of a pesticide from application equipment, 

at the end of each application, several steps can be followed to protect the pesticide applicator, 

the environment, and to ensure that the equipment is left as clean as possible. The steps are: 

 Read and follow all label directions to 

determine whether personal protection 

equipment is required and to determine how 

best to clean application equipment and 

dispose of rinsate (the washwater that 

contains small amounts of pesticide residue); 

and 

 Ensure proper disposal of the rinsate. 

Depending on the type of application equipment, the following steps should be considered and 

used: 

 Rinse the inside and outside of the tank with clean water; 

 Put in a moderate amount of clean water and spray it out. A small amount of liquid 

detergent added to the water will help clean the inside of the sprayer system; 

 Clean the nozzles, nozzle screens, and suction screens with compressed air or a soft brush; 

and 

 Closely monitor the activities of the pesticide applicator. 

3.10.2.4 CERTIFYING APPLICATORS

Pesticide products are categorized as restricted, general use, or unclassified. A product is 

classified as a restricted use pesticide when the product meets certain criteria indicating that it 

poses a threat to humans, non-target organisms, or the environment, and labeling cannot 

sufficiently mitigate the hazard. For restricted use pesticides, special training in handling and 

applying the pesticide is necessary to ensure its safe use. Under FIFRA’s regulations, the sale of 

restricted use pesticides is limited to certified applicators for use by those applicators or persons 

under their direct supervision. Applicators and supervisors of restricted use pesticides must be 

certified under Section 11 of FIFRA. Applicators who use restricted use pesticides must be 

certified to use pesticides by demonstrating competency in specified areas: 

 Label and labeling comprehension; 

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 Safety techniques; EPA’s Restricted and Canceled Uses Web site 

[http://www.epa.gov/pesticides/regulating/restricted.htm] 

provides more information and a list of restricted use 

pesticides.

 Environmental awareness; 

 Pest identification;

 Pesticide application; 

 Equipment use; 

 Application techniques; and 

 Laws and regulations. 

The use of unclassified products is not limited in any manner, except in cases where a product 

label limits the use to a specific group (i.e., veterinarians). 

3.10.2.5 KEEPING RECORDS

Tribal governments who use certified pesticide applicators must keep and maintain various 

restricted use pesticide records. The records must include the types, amounts, uses, dates, and 

places of application of all restricted use pesticides. Tribes should keep records of the pesticide 

application method and pounds of pesticides use per acre and per crop. The records should also 

include information on the weather conditions and soil moisture when application occurred. 

3.10.3 WORKER PROTECTION

Pesticides are designed to (in most cases) kill 

pests. Many pesticides can also pose risks to 

people. EPA’s Worker Protection Standard 

(WPS) are designed to protect agricultural 

workers from the effects of exposure to 

pesticides (40 CFR Part 170). The WPS 

standard is aimed at reducing the risk of 

pesticide poisonings and injuries among agricultural workers and handlers of agricultural 

pesticides. The WPS contains requirements for: 

EPA’s Worker Safety and Training Web site 

[http://www.epa.gov/pesticides/health/worker.htm] 

provides safety standards information and EPA’s WPS 

Training site

[http://www.epa.gov/oppfead1/safety/workers/train

ing.htm] provides important training information.

 Pesticide safety training; 

 Notification of pesticide applications; 

 Use of personal protective equipment; 

 Restricted entry intervals following pesticide application; 

 Decontamination supplies; and 

 Emergency medical assistance. 

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Training is essential for the proper use of pesticides and is key to the success of the WPS. To 

protect the health and safety of workers and handlers, employers are responsible for training 

them in the safe use of pesticides. Employers may either train their workers and handlers, or hire 

employees who have already been trained. Either way, employers must ensure that their 

employees understand the basic concepts of pesticide safety. Employees need to be trained by 

qualified trainers and must have the opportunity to ask questions during the training session. 

3.10.4 STORING PESTICIDES 

Tribal governments may be responsible for storing any unused or excess pesticides. The 

recommended procedures and criteria for proper storage apply to pesticides that are classified as 

highly toxic or moderately toxic and have DANGER, POISON, or WARNING written on their 

labels. FIFRA defines adequate storage as 

placing pesticides in proper containers and in 

safe areas to minimize the possibility of an 

accidental release that could result in adverse 

effects on the environment. 

Storage sites should be in a dry, well ventilated, separate area where fire protection is provided 

and special safeguards are in effect. . Identification signs should be posted to provide notice of 

the contents and hazardous nature of the pesticide. Potential environmental impacts from 

pesticide storage are air, soil, and water contamination from accidental releases, as well as 

human and animal toxic exposure. Because pesticides are typically stored in large quantities for 

future use, accidental releases may be large and have immediate, serious, and detrimental effects 

on the surrounding environment. 

 Temporary storage of highly toxic or moderately toxic 

pesticides may occur at isolated sites and facilities where it 

is unlikely they will encounter conditions that may cause a 

release. Each container should be stored with the label 

plainly visible, and the container should be inspected for 

corrosion and leaks. If a tribe stores or uses specified 

amounts of certain pesticides, it may be subject to the 

planning and reporting requirements of EPCRA and Section 

112(r) of the CAA. These requirements are described below.

EPA’s Pesticides, Storage, and Disposal information for 

tribe businesses, household consumers, farmers, and 

other users can be found at 

http://epa.gov/pesticides/regulating/storage.htm. 

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3.10.4.1 RISK MANAGEMENT PLANNING (CAA SECTION 112(R)) 

Under Section 112(r) of the CAA, facilities 

that any of 140 regulated substances in a 

single process are required to develop risk 

management programs and to summarize 

these programs in risk management plans by 

At present, EPA has established a list of 140 regulated 

substances that fall under the Risk Management 

Planning regulations of the CAA. These substances 

were published in the Federal Register on January 31, 

1994; EPA amended the list by rule, published on 

December 18, 1997. EPA may further amend the list in

the future as needed. 

June 21, 1999 (40 CFR Part 68). EPA will 

notify the public of risk management plans, 

which are intended to prevent accidental 

releases of regulated substances and to reduce the severity of those releases that do occur. At 

present, EPA implements CAA section 112(r) for Indian country and will continue to do so in 

areas where tribes are not authorized under the Tribal Air Rule. EPA has been working with 

industry groups to develop model risk management programs. To review the model program, 

refer to EPA’s Chemical Accident Prevention and Risk Management Planning Web site 

[http://www.epa.gov/ebtpages/enviriskmanagement.html]. See Section 3.3.1 Chemical Emergency 

Preparedness and Prevention for additional information. 

3.10.4.2 NOTIFICATION OF A CANCELED OR SUSPENDED PESTICIDE

Under FIFRA, EPA or a registrant can cancel or suspend the registration of a pesticide or 

withdraw authorization for a specific use of a pesticide. In such situations, EPA will request that 

all entities having supplies of that pesticide notify the Agency. If a tribal government has any 

canceled or suspended pesticides, it must notify the EPA of the amount. EPA will respond with 

specific directions concerning handling of the pesticide. 

3.10.5 DISPOSING OF PESTICIDES

Pesticide management includes the disposal of excess pesticides that cannot be stored for later 

use or are no longer needed. Pesticide disposal can involve incineration, chemical degradation, 

burial in a specially designated landfill, or well and soil injection. The potential environmental 

impacts from pesticide disposal are air, soil, and water contamination from releases and 

accidental exposure of humans and animals. The environmental implications are the same as for 

the application process, except that the concentration of the pesticide may be stronger because of 

the quantity and mass of the disposed pesticide. The disposal of pesticides is a critical process; if 

not properly conducted it can have immediate detrimental effects on the environment. 

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Pesticide labels outline proper disposal guidelines. FIFRA, RCRA, and the CWA all regulate 

these practices. Disposal activities may require notifying EPA or a local solid waste disposal 

facility (landfill or incinerator). 

Before disposing of excess pesticide, the tribal government should consider two options: 

 Store and reuse any leftover portion at the prescribed dosage rates; and 

 Return any excess to the manufacturer or distributor for relabeling or reprocessing into 

other materials. 

3.10.6 POLLUTION PREVENTION IN PESTICIDE MANAGEMENT

Reduction in the use of pesticides in tribal government operations can be achieved by using 

Integrated Pest Management (IPM). IPM utilizes regular monitoring to determine if and when 

treatments are needed. It employs physical, mechanical, cultural, biological, and educational 

practices to keep pest numbers low. Least-toxic pest control methods are used as a last resort. 

These alternative methods result in decreased use of pesticides. 

Many of the tips listed in Section 3.10.6.2 may not initially appear to be related to pesticide 

pollution prevention. However, the use of the tips will result in lowered reliance on pesticides by 

making plants healthier, and healthy plants are better able to withstand pest invasions. Although 

IPM reduces reliance on pesticides, some pesticide use may still be necessary. In these cases, 

pesticides should be used properly and safely. 

3.10.6.1 TYPICAL WASTES GENERATED

The following list presents typical waste generated during pesticide management and ways to 

handle them: 

 Empty containers, including bags, drums, bottles, and cans. Containers should be triple 

rinsed or “jet rinsed” prior to disposal. Tripled rinsed containers should be crushed or 

punctured to prevent reuse. Containers can be reduced in quantity by buying in bulk; 

however, never buy more than is needed. When possible, purchase in recyclable containers 

that can be returned to dealers; 

 Excess mixture (i.e., the diluted pesticide left over in the spray tank). The best disposal 

method is to use it on a site; 

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 Excess product (i.e., the unused pesticide no longer needed due to a change in procedures 

or because the pest problems are solved). The best disposal method is to find someone who 

can use it; 

 Rinse water from containers and application equipment. This rinse water can be added to a 

tank and used; and 

 Expired pesticides resulting from poor inventory management or from improper storage. 

Contact the vendor to inquire if the manufacturer will take back the product. If returns are 

not possible, the pesticides should be disposed properly and in a manner consistent with 

RCRA’s hazardous waste provisions. 

3.10.6.2 TOP POLLUTION PREVENTION OPPORTUNITIES

The following recommendations can help tribal governments 

achieve reductions in pesticide and herbicide applications and 

maintain regulatory compliance associated with chemical use, 

storage, and disposal. 

 Design for water conservation. Group plants with 

similar water needs together so they can be irrigated 

together, and water will not be wasted on plants that do not need it. Proper watering will 

reduce stress on plants and allow their natural resistance to withstand pest attacks without 

the need for pesticides. 

 Employ Environmental Landscape Management by selecting pest resistant plants, using 

sound planting techniques, and correctly manage the established landscape. Choose plants 

according to soil characteristics, rainfall, and sunlight conditions. See Section 3.6.9.2 

 Avoid monocultures. Monocultures (single-species planting, such as large areas of grass) 

are very susceptible to infestation since most pests are host-specific. Growing different 

species together prevents pests from readily spreading. 

 Reduce water runoff by building retaining walls, which direct water to a dry well or other 

areas to collect and percolate through soil. If pesticides are used, this will reduce the 

likelihood of contaminating nearby water bodies 

 Use proper mowing practices. Mow grass with sharp blades. A dull blade rips grass 

making larger wounds and increasing susceptibility to disease pathogens. Sharp blades 

increase equipment efficiency and reduce wear on equipment. Never cut more than onethird the height of the grass at a single time. 

 Scout the landscape regularly to learn which plants have problems. Most plants (except 

grass) seldom have more than one major pest problem. Scouting identifies problems early 

and facilities solving problems using IPM without resorting to pesticides. 

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 Use pesticides only when needed, not on a prescribed schedule. Use spot treatment 

instead of treating the entire area. 

 Correctly identify insects prior to treatment. Less than 1 percent of all insects are harmful 

to plants. Take care not to harm beneficial insects. 

 Use least toxic pest control methods: 

• Horticultural oils; 

• Insecticidal soaps; 

• Natural enemies such as: 

• Pathogens, like as Bacillus thuringiensis, which infects and controls caterpillars; 

• Predators, such as purple martins, praying mantises, lady beetles, beneficial nematodes, 

and spiders; 

• Parasites, such as parasitic wasps; 

• Diatomaceous earth; 

• Boric acid; 

• Pyrethrins; 

• Insect growth regulators, which halt or interfere with the development of an insect before 

it matures; 

• Pheromones, which disrupt normal mating behavior by stimulating breeding pests and 

luring them into traps; 

• Insect traps; and 

• Mechanical treatments, such as cultivating to control weeds; hand picking of pests off 

plants, and sticky traps. 

 Buy pesticides only in small quantities and store them carefully in labeled, airtight 

containers. Plan your purchases so pesticides do not expire. 

 Understand that pest eradication is generally an unrealistic management objective. An 

attempt to totally eliminate a pest is likely to result in excessive pesticide application. 

 Outsource pest control services and write IPM requirements into the specifications. 

 Keep clutter, excess water sources (e.g., drips or standing water in plants), and food waste 

minimized to discourage pests from entering buildings. 

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3.11 SOLID WASTE MANAGEMENT

Tribal governments may engage in solid 

waste management within their jurisdiction. 

Some tribes conduct waste management 

operations (e.g., waste collection and 

disposal) directly. Other tribes contract 

those services to private parties or enter into agreements with neighboring state or local 

governments. Proper management of solid waste is critical to public health and community 

resources. Exhibit 3-6 presents activities associated with solid waste management. 

EPA’s Waste Management in Indian Country Web site 

[http://www.epa.gov/epaoswer/nonhw/tribal/index.htm] provides information about EPA’s

tribal solid waste program. 

Because these activities could affect the environment, they may be subject to the following 

environmental regulations: 

 Collection and storage – CWA; 

 Composting – EPCRA, CERCLA, and CAA; and 

 Disposal – RCRA, CWA, and CAA. 

Exhibit 3-6. Solid Waste Management 

SOLID WASTE MANAGEMENT

Collection and

Storage

Disposal

Household

Hazardous Waste

Collection/

Storage

Municipal Waste

Combustor Transfer Stations Landfill Operation VehicleMaintenance

Recycling and

Composting

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3.11.1 INTEGRATED SOLID WASTE MANAGEMENT

Integrated solid waste management involves using a combination of techniques and programs to 

manage a community’s waste stream. To account for the variations in waste streams between 

communities, tribal government planners can tailor integrated waste management systems to fit 

their specific local needs. EPA suggests using the following priorities – in order – as tools to 

help set goals for integrated waste management systems and meet specific tribal needs. 

 Source reduction (waste minimization and prevention); 

 Recycling; and 

 Disposal. 

Information on developing an integrated solid waste management plan (and many other waste 

issues) can be found at EPA’s Waste Management in Indian Country Web site 

[http://www.epa.gov/tribalmsw/resource.htm]. 

Integrated solid waste management programs typically begin with waste audits – an assessment 

of the tribal waste stream. 

3.11.1.1 WASTE AUDITS

A waste audit is a formal, structured process used to quantify the amount and types of waste 

generated by a tribal government, a tribal facility, or tribal members. A tribe’s waste audits 

should assess and account for the amount of materials purchased, used, recycled, and disposed 

of. Information from audits will help identify current waste practices and how they can be 

improved. A waste audit includes four steps: 

 Describing current purchases, use and disposal requirements and methods; 

 Identifying amounts and types of materials generated, including those to target for source 

reduction; 

 Estimating cost savings; and 

 Implementing and monitoring the program. 

Audits can be done on any type of waste (e.g. paper and office waste, municipal waste, 

commercial and industrial waste, construction and demolition waste). There are a number of 

different ways to conduct a waste audit, such as visual waste audits, waste characterization, and 

desktop audits. The type of audit used depends on the type of waste, where it is to be conducted 

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(tribal school, tribal housing, or other tribal facilities or operations), and what a tribe wants to get 

out of the audit. Audits help managers determine the most appropriate and effective source 

reduction programs for their community. Waste audits are a key to establishing waste and source 

reduction programs. 

3.11.1.2 WASTE REDUCTION

Waste reduction, also known as source reduction or waste prevention, means using less material 

to get a job done. Waste prevention methods help create less waste in the first place – before 

recycling. Because it avoids recycling, composting, landfilling, and combustion, source 

reduction can help reduce waste disposal and handling costs. An example of source reduction is 

buying products that use less packaging (buy larger containers or refill containers with bulk 

purchases). It also conserves resources. 

Tribal governments can establish waste reduction goals that require a percent reduction in the 

solid waste stream before a particular year. Tribes can also encourage programs that are directed 

at conserving resources and reducing solid waste generation, thereby helping to mitigate the 

burden of collection, processing, and disposal practices. There are many ways tribes can modify 

their current practices to reduce waste generation; potential activities include: 

Incentives for Waste Reduction 

 

“Unit pricing” and “pay as you throw” programs utilize economic 

incentives to create less waste. The programs charge for the 

collection of municipal solid waste – ordinary household trash – 

based on the amount thrown away. This creates a direct economic 

incentive to recycle more and to generate less waste. EPA’s Pay As 

You Throw Web site [http://www.epa.gov/epaoswer/non-hw/payt/intro.htm] 

provides information about this program and links to related topics. 

Another method would be to provide a location for reuse (extra lumber, leftover paint, toys, 

windows). 

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Paper Products 

 Reduce office paper waste; 

 Use recycled paper, make double-sided copies; 

 Replace hand towels and other disposables with hand dryers or cloth towel machines and 

reusable hardware. 

Buildings, including Casinos 

 Participate in an integrated waste management program; 

 Replace disposable kitchenware with reusable cups, plates, knives and forks; 

 Request used pallets; 

 Install refillable shampoo and soap dispensers; 

 Recycle bingo cards or purchase reusable ones; 

 Use recycled plastic for benches, signs, and other fixtures; 

 Explore collection and reuse of restaurant grease as biodiesel; and 

 Develop compost programs and use mulch in landscaping. 

3.11.2 COLLECTING AND STORING MUNICIPAL SOLID WASTE

Solid waste management begins with the collection 

and storage of solid waste. Collection involves 

either picking up the waste at or near the point of 

generation (e.g., curbside or backdoors) or gathering 

it from drop-off locations (such as community 

dumpsters or transfer stations). “Storage” of waste 

at an interim site, prior to recycling or final disposal, 

should be as brief as possible to discourage the 

formation of odors and the breeding of unwanted 

pests (i.e., rats, flies). 

RCRA defines solid waste as any garbage or 

refuse; sludge from a wastewater treatment 

plant, water supply treatment plant, or air 

pollution control facility; and other discarded 

material, including solid, liquid, semi-solid,

or contained gaseous material resulting from

industrial, commercial, mining, and 

agricultural operations, and from community 

activities. The main constituent of the latter 

group is municipal solid waste, which 

includes paper and paperboard, yard waste, 

wood, metal, glass, food waste, plastics, 

rubber, leather, textiles, household hazardous 

waste, and miscellaneous inorganic waste.

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3.11.2.1 COLLECTION

Tribal governments use an array of methods to collect solid waste, including the following: 

 Curbside or front yard collection, where containers are placed at the curb or front yard; 

 Backyard collection, where containers are carried from backyards by collection crews; and 

 Drop-off stations, where residents deliver solid waste to a specified site, such as a transfer 

station, local dumpster, or the disposal site itself. 

Most activities undertaken during collection are not regulated by any particular federal 

environmental statute. Federal guidelines for the collection and storage of residential, 

commercial, and institutional solid waste are found at 40 CFR Part 243, but are not binding upon 

tribal governments. Of course, there may be tribal environmental or health codes that pertain to 

the collection of solid waste. 

3.11.2.2 STORAGE/OPERATION OF TRANSFER STATIONS

Once the solid waste is collected, the tribal government or other collection entity may have to 

store the waste at an interim location prior to recycling or final disposal. If necessary, such 

storage usually occurs at a transfer station. A transfer station is a facility where wastes are 

transferred from smaller collection vehicles to larger transport vehicles, such as trucks, tractortrailers, railroad gondola cars, or barges. These larger vehicles then transport the waste to its 

final destination. 

Not all tribal governments have transfer stations. In small communities in which the nearest 

landfill is within 10 to 15 miles, compactor trucks take solid waste directly to the landfill. If 

stations are used, collection crews take waste to the transfer stations where it is weighed and 

either temporarily stored or moved directly into a larger vehicle. 

These activities may impact the environment if waste is not contained and is carried away from 

the transfer station by wind or stormwater runoff. In addition to tribal building and health codes, 

the operation of transfer stations may be regulated under the tribal government’s solid waste 

ordinance, as well as by any existing CWA NPDES stormwater or CSO permit conditions. 

Storage should be on a short-term basis only and should prevent the waste from being released to 

the environment. In some conditions, improper storage could be deemed disposal and could 

trigger more stringent regulation of the waste. 

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3.11.3 RECYCLING AND COMPOSTING

3.11.3.1 RECYCLING

Recycling, the next level of the integrated 

solid waste management hierarchy, is the 

process by which materials are collected 

and used as raw materials for new products. 

Recycling includes collecting recyclable 

materials, separating materials by type, processing them into a form that can be sold as scrap 

material, and purchasing and using goods made with reprocessed materials. Recycling prevents 

potentially useful materials from being landfilled or combusted, and allows disposal capacity to 

be preserved, while saving energy and natural resources. Similarly, composting can play a key 

role in diverting organic waste away from disposal facilities. 

EPA’s Resource Conservation Challenge Web site

[http://www.epa.gov/epaoswer/osw/conserve/priorit

ies/msw.htm] provides material on pollution

prevention in construction and maintenance. 

By definition, recycling does not occur until someone transforms or remanufactures the material 

into a usable or marketable product or material. Tribes can locate markets for its recyclable 

materials or place that responsibility with the entity responsible for collecting recyclables. This 

process is similar to marketing any product or commodity and involves four distinct steps: 

 Determining the possible uses of the end product; 

 Identifying potential markets;

 Marketing the product; and 

 Developing a collection and transfer system. 

Recycling is best when it is as “clean” and separated as possible. In rural 

areas, recycling can be very successful when tribes use the process to make a final “product” that 

is then sold within the community. In more urban settings, tribes can participate in partnerships 

that accomplish recycling in the general scrap market, and do not necessarily lead to a single, 

identifiable product. 

The major environmental impact associated with recycling is the volume of waste diverted 

(reduced) from landfills or incineration. This diversion extends the life of landfills and limits the 

volume of wastes being combusted. The most significant environmental impact from these 

activities is resource conservation; however, these activities can also significantly reduce criteria 

(i.e., carbon monoxide, particulate matter) and toxic (i.e., dioxin) air pollution. 

Federal environmental statutes do not directly regulate the recycling of typical solid wastes (e.g., 

paper, plastic, glass, aluminum). Used oil recycling, however, is regulated under 40 CFR Part 

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279, which establishes standards for used oil generators, collection centers, transporters and 

transfer facilities, processors and re-refiners, burners of off-specification used oil, used oil fuel 

marketers, the use of used oil as a dust suppressant, and used oil disposal. Used oil generated by 

households is exempt from these requirements but still is prohibited from being released into the 

environment. 

Many tribal recycling ventures focus on collection in tribal government offices, as well as in 

business enterprises, including casinos and hotels, and homes on the reservation. These efforts 

are part of the tribes’ integrated solid waste management plan and not only reduce waste and 

energy usage, but also provide an employment source. Tribal recycling programs can also cover 

non-members. 

3.11.3.2 COMPOSTING

Composting is a process of aerobic biological 

decomposition of organic materials to produce a stable 

and usable organic topsoil that does not require disposal. 

Resources used to create the final compost product originate from the roughly 25 percent of the 

municipal solid waste stream that is organic material (i.e., food waste/scraps, yard and lawn 

clippings). If paper waste is included, almost 60 percent of the municipal solid waste can be 

composted. EPA’s Composting Web site [http://www.epa.gov/msw/compost.htm] provides useful 

information. 

EPA’s Composting information is 

available at [http://epa.gov/compost]. 

Three primary activities are associated with composting: 

 Collecting/receiving wastes for composting; 

 Processing the wastes (e.g., decomposition); and 

 Marketing. 

Tribal governments can collect or receive wastes for composting from a variety of sources, 

including tribal business ventures, including casinos, hotels, and schools. Tribal governments 

may have active yard waste collection programs, complete with trucks that vacuum up leaves. 

Other tribes may have separate yard waste pickup as a part of recycling programs or drop-off 

stations for yard wastes. Significant composting wastes also result from recyclable material 

separation and processing. Once recyclable materials are removed from the solid waste stream, 

the remaining wastes may be suitable for composting. For example, one southern tribe composts 

nearly 1,200 pounds of food waste per day from its casino and restaurants. The tribe distributes 

the final product to landscapers, nurseries, and homes both on and off the reservation. 

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During the processing or decomposition stage of composting, the tribal government may need to 

adjust the physical and chemical properties of 

the waste to make it more amenable to 

composting. For example, it may shred or 

grind the waste into a smaller particle size, 

alter the carbon-to-nitrogen ratio, or add water 

to the waste. All of these activities are 

designed to facilitate decomposition. 

Depending on the types and amounts used, 

chemicals added to alter the properties of the 

composted waste may be regulated under 

EPCRA, FIFRA, or Section 112(r) of the CAA 

(risk management plans). Composting that occurs outside may create nuisance odors. Tribal 

ordinances may address odor problems. 

A key aspect of composting programs is the concept of biosolids recycling. Sewage sludge 

biosolids are solid, semi-solid, or liquid residue generated during the treatment of domestic 

sewage in a wastewater treatment plant. The requirements for land application of biosolids at 40 

CFR Part 503 pertain to materials derived from biosolids (e.g., biosolids that have undergone a 

change in quality through treatment, such as composting, or by mixing with other materials, such 

as wood chips, municipal solid waste, or yard waste). These regulations specify pollutant limits, 

management practices, operating standards, monitoring requirements, and recordkeeping and 

reporting requirements. 

Composting of household organic materials is not regulated by any major federal statutes. 

Tribes can establish composting programs or ordinances. Composting is encouraged if tribes 

create markets for the compost by using it in landscaping or specifying its use at tribal facilities. 

Composting can also address odor problems and promote best management practices that 

minimize fire risks. 

3.11.4 DISPOSAL THROUGH LANDFILLING AND WASTE COMBUSTION

3.11.4.1 DISPOSAL

Tribal governments may dispose of solid waste that is not recyclable, compostable, or considered 

household hazardous waste. The two primary types of disposal practices are landfilling and 

municipal waste combustion (incineration), which may employ conventional techniques or a 

“waste-to-energy” approach. 

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Landfilling and waste combustion provide the last level of the solid waste management hierarchy 

because they manage waste that cannot be reduced or recycled. Some tribes might choose 

landfilling as their principal method of managing waste, while other tribes may choose to send 

their waste to a municipal waste combustor. Disposal decisions are made based on a variety of 

factors, including cost, land availability, population characteristics, and proximity to 

waterbodies. 

3.11.4.2 LANDFILL OPERATION

Some tribal governments own and operate 

solid waste landfills for final disposal of the 

municipal solid waste generated within their 

jurisdictions; other tribes manage waste for 

surrounding jurisdictions. Solid waste landfills 

provide an engineered facility for the long-term containment of solid waste and involve the 

following activities: 

 Receiving and depositing solid waste into the landfill; 

 Controlling disease vector (pest) populations; 

 Managing/monitoring landfill gas production, leachate, and stormwater; and 

 Recordkeeping. 

Most landfills include a large disposal area that contains numerous smaller cells. Solid waste is 

deposited in these cells daily, compacted using specially 

designed bulldozers, and then generally covered with 

either a thin layer of soil or some alternative cover. The 

landfill owner and operator should control the flow of 

solid waste into the facility to exclude materials such as 

hazardous waste or other materials that should be 

managed elsewhere or could be recycled to make the 

landfill safer and preserve capacity. Once a cell is full, 

it is covered with a final cover designed to limit 

infiltration and pest populations, as well as to provide a base for subsequently placing and 

growing vegetation on the landfill. 

EPA’s MSW Disposal Web site 

[http://www.epa.gov/epaoswer/non-hw/muncpl/disposal.htm] 

provides information on solid waste landfills and solid waste 

combustion and incineration facilities. 

Landfill operations are subject to the minimum criteria for municipal solid waste landfills found 

at 40 CFR Part 258. These criteria address location restrictions, operating criteria, design 

criteria, groundwater monitoring and corrective action requirements, closure and post-closure 

care requirements, and financial assurance criteria. If a municipal solid waste landfill subject to 

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this rule does not meet the requirements, it is considered an open dump, which is prohibited 

under Section 4005 of RCRA. 

Under the CAA, landfills are subject to air emission guidelines (40 CFR Part 60.30c) and a 

NESHAP for emissions from landfills (40 CFR Part 63 Subpart AAAA). In addition, landfills 

may be regulated under prevention of significant deterioration (PSD), nonattainment area 

provisions, and new source performance standards (NSPS) programs. 

Landfills do have drawbacks, such as the fact that they eventually leak and can cause 

environmental hazards and public nuisances (e.g., odors and pests). Successful maintenance and 

landfill operation requires continuous budgeting for leak repair and general upkeep, and for 

eventual closure. 

Tribal governments must monitor groundwater in close proximity to a tribally run landfill. They 

may also be required to employ a series of wells and pipes to extract the landfill gas that is 

created as solid waste decomposes in a landfill. This gas consists of about 50 percent methane 

(CH4), the primary component of natural gas, about 50 percent carbon dioxide (CO2), and a small 

amount of non-methane organic compounds. Instead of allowing landfill gas to escape into the 

air, it can be captured, converted, and used as an energy source. Using landfill gas helps to 

reduce odors and other hazards associated with these gas emissions, and it helps prevent methane 

from migrating into the atmosphere and contributing to local smog and global climate change. 

Stormwater runoff associated with landfills may be regulated under the CWA stormwater 

provisions. 

3.11.4.3 MUNICIPAL WASTE COMBUSTION – SPECIFICALLY DESIGNED COMBUSTION FACILITIES

An alternative method to managing solid waste is combustion, which involves the incineration of 

all or a portion of the solid waste stream. Combustion should 

take place in specially designed solid waste combustion 

facilities and residual ash should be disposed in a landfill which 

may be a hazardous waste landfill depending upon the 

composition of the ash. 

When choosing to use municipal combustion, tribal 

governments can retrofit existing facilities, build new facilities, 

or enter into partnerships with other tribes or state and local governments. If a new facility is 

built, the builder must site, design (incorporating elaborate air pollution controls), permit, and 

construct the combustion facility. Once a combustion facility is in place, the tribal government 

must ensure its proper operation, provide a relatively constant flow of waste as a feed stream, 

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and manage and dispose of the residual ash. Most new incinerators have the capacity to recover 

and reuse the energy released during combustion (the “waste-to-energy” process). 

Municipal waste combustion is regulated primarily under the CAA (40 CFR Part 60), which 

establishes guidelines and standards of performance for both large and small municipal waste 

combustors, as well as standards of performance for incinerators. Regulations under RCRA 

would only apply if the facility receives and burns hazardous waste. Other CAA regulatory 

programs to which combustion may be subject are PSD, nonattainment provisions, NESHAPs, 

and NSPS. 

The disposal of residual ash from the combustion of municipal waste, including fly ash and 

bottom ash, is regulated under RCRA and the law where disposal will take place. Generally, 

these two types of ash are combined and then disposed of either at a municipal landfill or a 

special ash landfill. Under RCRA, each facility must determine whether the combined ash 

constitutes a hazardous waste and, if so, the ash must be managed as a hazardous waste. If the 

ash is not a hazardous waste, it can be managed under tribal or state law, which may allow 

disposal in a solid waste landfill or provide for disposal in an ash monofill (or impose other 

special requirements). 

Certain forms of combustion and burning such as bonfires and backyard burning should not be 

used as they put toxic substance into the air. They also may violate certain provisions of the 

CAA. 

3.11.4.4 MUNICIPAL WASTE COMBUSTION – BACKYARD BURNING 

Burning of household waste is a long-standing practice in many rural areas, including Indian 

country and Alaskan Native villages. New research, however, 

shows that it is a major source of toxic emissions, including dioxin, 

sulfur dioxide, lead, and mercury, that damage both human health 

and the environment. Open burning of household waste creates 

significant amounts of dioxins due to the low combustion 

temperatures, poor air distribution, and the presence of chlorine, 

which is found in almost all household waste components. 

Backyard burning of household waste is one of the largest known 

sources of dioxin in the nation. 

Controlling backyard burning and reducing combustion-related 

toxic emissions is particularly important to tribes and tribal members. Toxic emissions from 

backyard burning accumulate in the food chain by settling on feed crops, which are then eaten by 

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domestic meat and dairy animals. These 

pollutants also accumulate in the fats of 

animals, and then in tribal members when 

meat, fish, and dairy products are consumed. 

In addition, toxic emissions can cause immediate and long-term damage to the lungs, nervous 

system, kidneys, or liver, especially in children, the elderly, and those with preexisting 

respiratory conditions. Finally, ash from backyard burning also is likely to contain toxic 

pollutants, such as mercury, lead, chromium, and arsenic, which can contaminate vegetables if 

scattered in gardens. Children can also accidentally swallow contaminated dirt on their hands 

while playing near discarded ash. 

Tribes can regulate tribal member backyard burning by establishing and enforcing regulations 

and ordinances. EPA, on the other hand, does not generally regulated residential backyard 

burning. While tribal regulation may be available, providing and promoting safer waste 

management alternatives is essential to reducing backyard burning. Tribes can educate tribal 

members about the health and environmental dangers of backyard burning. Tribes can also 

promote alternatives to leaf, brush, and trash burning by establishing solid waste collection 

programs and encouraging tribal members to compost and reduce, reuse, and recycle. 

3.11.5 HOUSEHOLD HAZARDOUS WASTE COLLECTION AND STORAGE

Tribal governments may sponsor basic household 

hazardous waste collection programs. These programs 

may be single-day or continuous events that provide 

for the safe collection, identification, sorting, storage, 

and disposal or reuse of household hazardous waste. 

Such programs may be operated by the tribal 

government or administered under a contract with a 

waste management firm. The materials collected 

during a household hazardous waste collection 

program may be recycled (e.g., used oil), used as a 

waste fuel (e.g., solvents), or disposed of properly at 

hazardous waste facilities. 

Household hazardous waste poses an environmental and health risk when managed improperly. 

These products may contain toxic substances that can be released when they are poured down the 

sink, sewer, onto the ground, or when they are landfilled or incinerated. The dangers of such 

disposal methods may not be immediately obvious, but certain types of household hazardous 

waste have the potential to cause physical injury to sanitation workers; contaminate septic tanks 

Common Household Hazardous Wastes 

include: oil-based paint and varnish, paint 

and varnish remover, pesticides, 

insecticides, herbicides, motor oil, brake 

fluid, fuels, antifreeze, oven cleaners, drain 

cleaners, bleach, solvents, pool chemicals, 

mothballs, dye, nail polish, photo 

chemicals, toilet cleaners, fertilizer, metal 

polish, floor cleaners, wood strippers, 

muriatic acid, creosote, sealants, and both 

household and automotive batteries. See 

[http://epa.gov/msw/hhw.htm] 

More information can be found at EPA’s Backyard Burning 

site [http://www.epa.gov/msw/backyard/].
Sector Notebook Project Profile of Tribal Governement Operations 

or wastewater treatment systems if poured down drains or toilets; and present hazards to children 

and pets if left around the house. Thus, many tribal governments have established household 

hazardous waste collection, storage, and disposal programs. 

Under federal regulation, the collection, transportation, storage, treatment, and disposal of 

household hazardous waste are exempt from the regulations applicable to commercial hazardous 

waste. In addition, resource recovery facilities that manage municipal solid waste are not subject 

to hazardous waste regulations (with the exception of ash that exhibits a hazardous characteristic, 

such as toxicity) if they meet specified conditions. Tribes may develop laws that regulate the 

disposal of household hazardous waste, including requiring the separation of waste streams. 

3.11.6 PARTNERSHIP IN SOLID WASTE MANAGEMENT

Many tribal governments partner with other tribes, as well as state and local governments to 

manage solid waste. These partnerships help tribes supplement and combine resources to 

effectively establish, manage, and maintain municipal solid waste management projects. 

Partnerships offer a variety of benefits, including: 

 Implementation of projects that otherwise might be too costly to an individual tribe; 

 Pooling of financial and administrative resources for purchase of equipment and 

machinery; 

 Opening up a variety of waste management opportunities to promote health and safety on 

the reservation; 

 Reduction of capital costs associated with recycling centers, landfills, and storage 

facilities; 

 Job creation for tribal members that participate in the partnership; and 

 Increase in ability to comply with all applicable regulations. 

Tribes interested in partnerships should contact EPA or contact other tribes directly.

3.11.7 HAZARDOUS AND NON-TYPICAL WASTE

Hazardous waste, including industrial wastes and toxic chemical waste, is governed by RCRA 

standards (40 CFR Parts 264 and 265). Tribes cannot be authorized by the EPA to administer 

and enforce a hazardous waste program under RCRA. Several tribes do, however, partner with 

EPA, states and local governments to provide hazardous waste clean up and storage services. 

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April 2007 www.epa.gov/compliance/tribal/resources Chapter 3: page 113 

In Indian country, generally EPA issues permits to facilities that treat, store, and dispose of 

hazardous waste under RCRA. Permits for Treatment Storage and Disposal (TSD) facilities are 

designed to control the operations at the facility, and include requirements for: 

 Site security, personnel training, and emergency procedures; 

 Waste analysis, handling and recordkeeping; 

 Technical standards for tanks, containers, impoundments, and other units; 

 Financial assurance; 

 Groundwater monitoring; and 

 Closure. 

TSD facilities are designed to protect soil, groundwater, and air resources by establishing 

minimum management standards and precautions. An EPA training module on RCRA 

Treatment, Storage, and Disposal Facilities (TSDFs) 

[http://www.epa.gov/epaoswer/hotline/training/tsdf05.pdf] provides an introduction to the TSDF standards 

in 40 CFR part 264/265, Subparts A through E. 

3.11.8 OTHER OPERATIONS THAT MAY BE REGULATED

Another operation associated with solid waste management is pesticide application. Pesticides 

may be used in solid waste management activities to control weed growth and control disease 

vectors. Activities related to pesticide use and storage may be regulated under the provisions of 

FIFRA, EPCRA, or CAA Section 112(r). Section 3.10 provides information on pesticide 

management. 

3.11.9 POLLUTION PREVENTION IN SOLID WASTE MANAGEMENT OPERATIONS

Numerous opportunities exist for pollution prevention in 

solid waste management operations. As the lead 

department for “putting waste in its place,” tribal solid 

waste departments can show their commitment to waste 

reduction by ensuring that their operations prevent 

pollution and comply with the applicable environmental regulations. Solid waste managers 

engage in a range of activities, most with the potential to cause pollution. These can generally be 

categorized as follows: 

 Source reduction; 

 Collection and storage; 

EPA’s National Waste Minimization 

Program provides information on ways to

promote waste reduction. See 

http://epa.gov/wastemin
Sector Notebook Project Profile of Tribal Governement Operations 

 Processing – recycling and composting; 

 Disposal; and 

 Household hazardous waste. 

With the exception of source reduction, each category generates wastes as described below. 

3.11.9.1 TYPICAL WASTES GENERATED

 

Curbside collection or drop off facilities are provided for solid waste and recyclables, and other 

materials and special wastes. Key wastes generated by collection operations include used motor 

oil and filters, antifreeze, batteries, parts washer solvent, used hydraulic oil, tires, used vehicles 

and vehicle parts, and air emissions. 

The processing of recyclables at material recovery facilities, solid waste at transfer stations, and 

yard waste at compost sites, often generates waste. Key wastes include dust from compost sites, 

hydraulic oil, site runoff, recycling residues, electrical transformers, and spilled fuels. 

Waste disposal includes landfill and waste-to-energy facility 

operations. Key landfill wastes include leachate and air 

emissions. Key waste-to-energy facility wastes include bottom 

ash, fly ash, bulky materials, air pollution control residues, air 

emissions, and wastewater. 

Tribal governments that operate household hazardous waste 

collection operations typically assume generator status for 

household materials upon acceptance at the collection point. 

Problematic wastes include PCBs and mercury from fluorescent 

ballasts and lights, paints, and computer monitors. 

3.11.9.2 TOP POLLUTION PREVENTION OPPORTUNITIES

Overall 

Perform a waste audit - understand the waste stream in order to identify high priority items for 

source reduction and reuse (e.g., textiles, yard waste, construction and demolition material). 

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Collection 

 Establish a “take back” program with motor oil suppliers to provide re-refined oil; 

 Use in-line oil filters to reduce frequency of oil filter disposal; 

 Capture and recycle on site spent antifreeze; 

 Convert parts washer to aqueous-based systems or biodegradable solvents; 

 Convert fleet to natural gas as feasible; 

 Maximize collection efficiency (minimize trips) by using route management software and 

multi-purpose vehicles; 

 Recycle tires and utilize retread tires where appropriate; 

 Specify tires for maximum durability; and 

 Replace mercury thermometers in clinics and/or provide thermometer exchange for 

residents. 

Processing 

 Establish a preventative maintenance program for all major pieces of equipment to 

minimize potential fluid discharges. 

 Capture and recycle spilled hydraulic oil using oil absorbent material. 

 Minimize recycling residues through on-going education of customers, limits on 

compaction equipment, and employee training. 

 Maximize acceptability of compost products by minimizing heavy metal content of source 

materials, including pretreatment requirements for industrial contributors and increased 

frequency of street sweepings. 

Disposal 

 Minimize landfill site runoff by capturing and recirculating leachate and developing 

effective stormwater management plans. 

 Capture and reuse methane gas generated at landfill sites. 

 Minimize hazardous nature of incinerator ash by implementing battery recycling and 

household hazardous waste collection programs. 

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Household Hazardous Waste 

Educate household hazardous waste participants to “use it up,” provide a waste exchange for 

unopened materials, and bulk containerize latex paint for reuse or resale. 

Other 

 Establish a preventative maintenance program for electrical equipment and require 

equipment vendors to take back all devices with mercury switches or PCB transformers; 

 Replace USTs with above ground tanks with proper containment systems; and 

 Minimize pesticide usage through litter prevention, site management, and integreated pest 

management programs. 

3.12 VEHICLE/EQUIPMENT MAINTENANCE

Tribal governments may operate, maintain, and 

purchase motor vehicles and equipment to perform 

government services. Vehicles range from school 

buses, fire engines, snowplows, and heavy 

construction equipment to automobiles used by police 

and fire departments and government officials. Equipment may include pumps, tools, and 

boilers. Exhibit 3-7 shows the different types of fleet operations, including vehicle repair shops, 

fueling stations, and purchasing operations. 

The National Automotive Environmental 

Compliance Assistance Center 

[http://www.ccar-greenlink.org/] 

provides information about maintenance 

and compliance.

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Exhibit 3-7. Vehicle Fleet Activities 

FLEET OPERATIONS

Fueling

Fuel

Dispensing

Spilled

Fuel

Disposal

Gasoline

Storage

Repair

Battery

Repair

Parts

Washing

Vehicle

Shop

Washing

Painting

Fluid

Changes

Air

Conditioner

Repair

Exhaust

Repair

Outdoor

Material

Storage

Purchasing

Clean Fleet

Solid Waste

Generation

Minimizing

Impact of

Purchasing

3.12.1 VEHICLE REPAIR SHOPS

Vehicle repair shops conduct several activities that could affect the environment; these activities 

may be regulated under the following federal environmental laws: 

 Fluid changes – RCRA, SDWA, and CWA; 

 Parts washing – RCRA, CAA, and CWA; 

 Battery maintenance – RCRA and CWA; 

 Air conditioner repair – CAA; 

 Vehicle and shop floor washing – CWA; 

 Exhaust system repair and replacement – CAA; 

 Painting – RCRA and CAA; and 

 Outdoor material storage – CWA and RCRA. 

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Exhibit 3-8 illustrates some typical auto shop activities and provides an illustration of activities 

that are not in compliance. 

Exhibit 3-8. Repair Shop Activities 

3.12.1.1 CHANGING VEHICLE FLUIDS

Changing vehicle fluids includes oil, transmission, and break lubrication, as well as antifreeze. 

Changing fluids also involves storing both new and waste fluids and managing or disposing of 

waste fluids. Fluids generally are drained from the vehicle to a pan or bucket placed below the 

vehicle. Full pans or buckets are then dumped into a larger container, such as a 55-gallon drum, 

UST, or AST, prior to off-site disposal. The potential environmental impacts from fluid changes 

are soil and water contamination from spills or improper disposal. Disposal of these fluids by 

infiltration through shallow disposal systems is prohibited by the SDWA’s Class V rule. 

Storage of new materials may be regulated under the SPCC provisions of the CWA, which 

require development of a spill prevention plan that generally includes a requirement to provide 

secondary containment for all tanks and drums. Storage, recycling, and disposal of waste fluids 

are regulated under the used oil provisions of RCRA. The used oil provisions require used oil to 

be stored in structurally sound containers labeled with the words “used oil only” and ultimately 

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recycled or burned for heat. Fluids disposed of or spilled in floor drains or surface drains or 

otherwise released from the facility property are regulated under the NPDES, pretreatment, or 

stormwater provisions of the CWA. These provisions require notifying EPA or the treatment 

plant about oil spills, complying with permit provisions, and preventing untreated fluids from 

reaching surface waters. Fluids stored in underground tanks are regulated under the UST 

provisions of RCRA, which require that the tanks maintain spill prevention and leak detection 

devices and be made of specified structurally sound materials. 

3.12.1.2 WASHING VEHICLE PARTS

Washing vehicle parts consists of immersing the small parts, such as nuts, bolts, or carburetor 

pieces, into a solvent bath of chemical or water-based solvent or spraying them with a chemical 

or citrus-based solvent. Washing vehicle parts also may include spraying shop rags with solvent 

and rubbing the solvent on the part to clean it. Chemical solvent washers often consist of a metal 

sink attached to a 20-gallon drum of solvent. When the solvent is no longer usable, the drum is 

replaced. Water-based solvent washers consist of an enclosed bath with high-pressure sprayers. 

The use of chemical solvent washers is regulated under the cold solvent bath section of the CAA, 

which requires sink lids to be kept closed and specifies additional practices to minimize the 

release of hazardous air pollutants. The disposal and recycling of used chemical solvent are 

regulated under RCRA, which specifies disposal methods. The disposal of wastewater from 

water-based solvent washers is prohibited from injection under the SDWA and may be regulated 

under the pretreatment program or NPDES programs of the CWA. The disposal of solventcontaminated rags may be regulated under RCRA.

3.12.1.3 MAINTAINING VEHICLE BATTERIES

Maintaining vehicle batteries includes testing, changing, storing, and disposing of new and used 

vehicle batteries. The storage of batteries may be regulated under the NPDES stormwater 

provisions of the CWA, which require that batteries be contained and covered to prevent 

potential leaks from coming in contact with stormwater. Disposal of batteries may be regulated 

under RCRA, which requires that batteries either be returned to a supplier or recycler or meet 

stringent disposal requirements. 

3.12.1.4 REPAIRING AIR CONDITIONERS

Repairing vehicle air conditioners includes adding, removing, and recycling CFC refrigerants, as 

well as performing general maintenance on vehicle air conditioners. These activities are 

regulated under the CAA provisions designed to prevent ozone depletion by requiring the 

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capture and recovery of used refrigerants, the use of certified recycling equipment, and the 

training and certification of operators. 

3.12.1.5 WASHING VEHICLES AND SHOP FLOORS

Washing vehicles and shop floors including spraying water and detergent on vehicles and floors 

and discharging the washwater through a drain to a septic tank is prohibited under SDWA. 

Some facilities may dump used washwater on the ground outside of the facility, which is 

generally improper. Washing vehicles and shop floors may be regulated under the pretreatment 

program or NPDES program of the CWA. These sections may require the facility to obtain 

permits, install oil and water separators, or comply with other provisions designed to prevent 

contaminated wastewater from reaching the environment. 

3.12.1.6 REPAIRING OR REPLACING EXHAUST SYSTEMS 

Repairing or replacing exhaust systems consists of repairing or 

replacing catalytic converters. Any work that affects vehicle 

emissions is regulated under the CAA, which requires that records 

be kept of all converter repair and replacement, and specifies 

procedures for ensuring that removed converters are properly 

replaced. 

3.12.1.7 PAINTING VEHICLES

Vehicle painting includes overall body painting, touch up, paint and thinner mixing, and 

unusable paint and thinner disposal. Vehicle painting often is conducted in an enclosed room or 

booth that has positive pressure ventilation to ensure that paint fumes leave the room, rather than 

being inhaled by the painter. To minimize air pollution, air filters are placed in the vents and 

changed regularly. Vehicle painting also includes changing and disposing of these filters. If 

significant quantities of paints containing hazardous materials are used or if the tribal 

government is located in a designated geographic area, air emissions from painting operations 

may be regulated under the CAA, which may specify the type of ventilation system required and 

the frequency for changing the filters. The disposal of air filters used to filter emissions from 

paints containing hazardous materials, disposal of many unusable paints, and disposal of spent 

thinners is regulated under RCRA. Preparing a vehicle for painting (e.g., stripping, sanding) 

may also be regulated under RCRA because such activities may result in the generation of a 

hazardous waste. 

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3.12.1.8 STORING MATERIALS OUTSIDE

Due to space and safety concerns, many vehicle repair shops store drums of used and new fluids, 

hazardous materials, batteries, vehicle parts, or other wastes outside of the shop. The storage of 

any materials that could reach waterways through spills or stormwater runoff are regulated under 

the NPDES direct discharge or stormwater discharge provisions of the CWA, which require that 

the facility prevent these materials from coming in contact with stormwater.

 

3.12.2 FUELING STATIONS

Tribal governments operate and maintain vehicle-fueling stations to provide fuel to their 

vehicles. Because these activities could affect the environment, they are regulated under 

environmental laws and regulations, as indicated below. 

 Fuel storage – CWA and RCRA; 

 Fuel dispensing – CAA; and 

 Disposal of spilled unusable fuel – RCRA and SDWA 

3.12.2.1 FUEL STORAGE

Vehicle fuels, including gasoline, kerosene, and diesel fuel, are stored in underground or 

aboveground storage tanks that are connected by piping to a fuel-dispensing unit. The operation 

and maintenance of these tanks may be regulated under the SPCC section of the CWA, which 

requires development and implementation of spill prevention plans and secondary containment 

for aboveground tanks, and/or under the UST section of RCRA, which specifies structural, 

monitoring, and leak detection requirements for underground tanks. See Section 3.6.5. 

3.12.2.2 FUEL DISPENSING

Fuel dispensing units used at tribal government facilities are similar or identical to those used at 

retail service stations and could emit organic vapors to the atmosphere. In some areas, 

dispensing is regulated under the CAA, which may require the dispensing units to have vapor 

recovery systems at the point of fueling and at the location where the aboveground or 

underground fuel storage tanks are filled. In addition, fuel-dispensing units are required to 

dispense fuel at a prescribed gallons-per-minute rate to prevent spills. 

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3.12.2.3 DISPOSAL OF UNUSABLE FUEL

In the course of fueling or fuel loading operations, fuel may be spilled. Fuel that cannot be 

dispensed into a vehicle for use must be disposed of properly. The disposal of this fuel may be 

regulated under RCRA, which sets requirements for handling, storage, and ultimate disposal of 

hazardous wastes. A repair shop may be required to report any spill to tribal authorities. 

3.12.3 PURCHASING

Purchasing includes the acquisition of vehicles, equipment, and materials. The purchasing of 

clean fuel vehicles for tribal governments with large vehicle fleets may be regulated under the 

CAA. Other purchasing decisions, such as the purchase of hazardous or water-based solvent, 

can directly impact whether the fleet operations are subject to additional environmental 

requirements.

3.12.4 POLLUTION PREVENTION IN VEHICLE/EQUIPMENT MAINTENANCE

Pollution prevention opportunities abound in the area of vehicle and equipment maintenance. 

Usually, three factors contribute to the level of success of a pollution prevention plan. The first 

factor involves auditing current procedures, researching pollution prevention opportunities, and 

committing to make appropriate and beneficial changes. This step requires researching 

alternative products and funding equipment purchases. The second factor is funding. Generally, 

present funding can be reappropriated in a phased plan to purchase new equipment, products, 

and/or contract services. The third factor deals with the regulatory requirements and contract 

services available based on the facility’s location. Some facilities base their decisions for a 

pollution prevention plan on the regulatory requirements contained in RCRA, OSHA, and/or 

tribal regulations. 

Pollution prevention technology implemented under this approach will enhance the safety of 

workers, improve regulatory compliance, and may lower the operating costs of the facility. 

There are many options for pollution prevention, depending on the waste stream’s characteristics 

and regulatory requirements. Some of the best ideas for pollution prevention can come from 

mechanics who perform the tasks every day, but changing old habits is the key to pollution 

prevention success. The remainder of this section highlights pollution prevention options by 

waste stream. 

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3.12.4.1 TYPICAL WASTES GENERATED

 Cleaning solvents; 

 Anti-freeze/coolant; 

 Used/soiled shop rags; 

 Unrecovered Freon from air conditioners; 

 Oil/lubricants; and 

 Scrap metal. 

3.12.4.2 PARTS CLEANING SYSTEMS

There are many different types of parts cleaning systems. Some utilize a pump to circulate 

cleaning solvent/solutions. These machines can be managed by the facility or contracted to a 

service that maintains the system and hauls away any generated wastes. The type of system and 

the solvent/solution (e.g., organic based, aqueous, citrus based) used in the system will determine 

the applicable regulatory management requirements and pollution prevention opportunities. 

Some systems have a distiller to clean the solvent and a reservoir tank to hold the waste that is 

“cooked” out, while others utilize filters to extract impurities. Protecting the integrity of the 

cleaning solvent/solution in order to extend its life and reduce disposal quantities is pollution 

prevention. For example, it may be possible to avoid reaching a regulated threshold by 

managing system use, including purchasing a different system or altering filter types. Also, there 

are aqueous-, semi-aqueous, and citrus-based systems that offer unique opportunities for 

pollution prevention. With any of these types of systems, it is important not to introduce any 

non-compatible solvents/solutions into them that would cause them to become regulated 

hazardous waste. 

Some Factors to Consider in a Filtered System 

 Utilizes non-chlorinated solvents in the system; 

 Has a high flash point solvent of more than 140 degrees; 

 Has a closing lid for when the system is not being used to reduce evaporation and air 

emissions; 

 Can meet all regulatory requirements regarding disposal of filters; and 

 Meets OSHA safety requirements. 

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Some Factors for Aqueous Solution Systems 

The system cleans to the standard required for the part to function properly; 

There will be minimal regulatory restrictions if disposal of the solution is required; and 

A balance needs to be maintained for the bioremediation in the system to work properly. 

Key Tips. Maintain the solution/solvent integrity to extend the solution/solvent life and increase 

the frequency of filter replacement to reduce disposal costs of solvent/solution. Let the part sit in 

the washbasin and drip dry to reduce solvent “drag out” loss. Choosing aqueous systems may 

reduce regulatory requirements all together. 

3.12.4.3 PRESSURIZED/AEROSOL CLEANERS

Chlorinated solvents/solutions should not be used in any application to 

clean parts. Avoid using any aerosol cleaning products that are not RCRA 

approved. The use of these types of solvents/solutions can cross 

contaminate fluids and make them regulated under RCRA and increase 

OSHA requirements. Solvent/solutions purchased in bulk and applied with 

self-pressurizing applicators will reduce the use of the product and waste 

containers. Pre-cleaning with a putty knife and wire brush and utilizing recyclable shop rags will 

also reduce disposal cost and excess use of solvents/solutions. Verify compatibility of the with 

the parts washer’s solvent/solution. Aqueous solutions may be the best option when utilized 

properly. There are pre-cleaning solvents/solutions that can affect the parts washing tank if, after 

use, further cleaning of a part is required in that system. Eliminate overuse and set standards on 

the amount of cleaning required for the particular part to function properly. 

Some Factors to Consider in a Self-pressurizing System 

 Use of non-chlorinated solvents. 

 Solvent/solution is compatible with the parts washer. 

 Solvent/solution’s contents affect on RCRA/OSHA regulatory requirements. 

 Does the manufacturer/supplier offer system product support and/or training? 

Key Tips. Utilizing a scraping device and/or wire brush, recyclable shop towels, and a nonregulated RCRA solvent/solution will reduce usage and hazardous waste regulatory 

requirements. Solvents/solutions with low VOC and low toxic contents produce fewer emissions 

that are harmful to the employee. 

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3.12.4.4 ANTI-FREEZE/COOLANT 

Using manufacturer-specified antifreeze/coolant is required to maintain warranties and extend 

the life of the vehicle/equipment. Antifreeze/coolant can be recycled in 

various ways, to manufacture specifications and for reuse on site. The 

facility should verify that the vehicle/equipment warranty would be 

honored if this reused antifreeze/coolant were utilized. One method to 

recondition used antifreeze/coolant is to utilize a mobile service to perform 

on-site recycling at your facility. Verify that the service is licensed, and 

have a neutral third party laboratory test results to demonstrate the system 

works, and guarantees the product. Another approach is to purchase and use an on-site recycling 

machine. This allows full management of the system’s use and the quality of the product it 

produces. Either one of these will reduce new product purchases and associated RCRA disposal 

costs, as well as ensure a readily available product. 

Some Factors to Consider in Choosing the Best Method for the Facility 

 Verify warranty coverage of the vehicle/equipment for the system/service chosen. 

 Verify disposal approval for filters generated from the recycling system. 

 See if bulk containers for used/recycled anti-freeze are available and proper storage can be 

achieved. 

Key Tip. Whatever method is chosen, tribes should make sure testing and warranties of the 

system’s product are backed, and the manufacturer of the vehicle/equipment allows for the use of 

the reconditioned anti-freeze/coolant. 

3.12.4.5 SHOP RAGS

Do not use disposable shop rags. Obtain and use reusable rags, contract with a company to 

deliver clean (reusable) rags and pick up dirty (reusable) rags. Verify that the service selected 

has an approved method and facility for recycling the rags. The only exception to utilizing a 

service is if the facility’s nonregulated waste is disposed of at a waste-to-energy plant that can 

incinerate waste rags. Remember, never use chlorinated solvents regardless of the 

recycling/disposal method. 

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3.12.4.6 AIR CONDITIONING

There are several manufacturers that have different machines that will recover Freon from a 

system for off-site recycling. Other machines recover and recycle the Freon and then place the 

recycled Freon back into the repaired unit. These types of machines reduce new Freon purchases 

and disposal costs associated with the management requirements of the waste stream. If the 

repair of air conditioners is performed offsite, tribes should verify that the company handles 

generated waste consistent with applicable regulations. 

Some Factors to Look for in Selecting a Machine 

 Is regulatory approved and registered? 

 Is backed by third party test results verifying efficiency? 

 Has factory warranty and supplier training? 

3.12.4.7 LUBRICATING OILS

There are several types of lubricating oils in the various types of 

vehicles/equipment in use today. Changing these oils should be 

performed as determined by use and not according to specific dates. If 

the vehicle/equipment is underutilized and/or is only needed for a 

specific task, changing the oils by a timed date is a waste of resources. 

Synthetic oils generally have a longer span of time for use before a 

change is required. When choosing the correct lubricant, verify 

warranty approval and track the miles/hours of use of the product in the 

vehicle/equipment. Check various disposal options to see if refining of 

the waste oils is available over fuel blending for incineration. Keep non-compatible oils separate 

from one another to reduce possible cross contamination and increased disposal cost. 

3.12.4.8 METAL RECYCLING 

Most replaced parts are made of metal. Some metal parts must be exchanged for the new part 

when purchased. Many parts can be recycled, saving the facility 

disposal costs. Lead tire weights, broken engine brackets, nuts 

and bolts, and body parts are just a few that have value for 

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recycling. Set up places to store the recyclable metal, preferably out of the weather, and contract 

with a scrap dealer to pick up the recycled parts at the facility on an as needed basis. Some scrap 

dealers will supply the container to the facility for the storage of the metal to be recycled. The 

scrap dealer may require separation of the different metals. 

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April 2007 www.epa.gov/compliance/tribal/resources Chapter 4: page 1 

Chapter 4 

CHAPTER 4. SUMMARY OF FEDERAL AND TRIBAL REGULATORY PROGRAMS

This chapter discusses the federal regulations 

that may apply to tribal government operations. 

The purpose of this chapter is to highlight and 

briefly describe the applicable federal 

requirements and to provide citations. This chapter also discusses EPA’s role in directly 

implementing and enforcing federal environmental laws in Indian country and the process 

through which tribal governments can assume responsibility for implementing certain federal 

environmental programs. 

In addition to the federal environmental programs discussed in this chapter, tribal governments 

may use their own inherent authority to develop environmental laws. 

4.1 DIRECT FEDERAL IMPLEMENTATION OF ENVIRONMENTAL LAWS IN INDIAN COUNTRY -

 EPA’S ROLE AS REGULATOR

Environmental program responsibility requires capability and significant resources, among other 

things. Tribal governments do not always find it practical to assume full responsibility for EPA 

programs. Based upon a variety of factors, often including program costs, assistance and 

maintenance costs, and availability of technical expertise, tribal governments may focus on 

certain high-priority activities, but may decide not to assume an entire regulatory program. 

When tribes decide not to undertake certain activities under EPA’s programs or not to apply for 

entire programs, EPA will seek to directly implement the environmental programs, as 

appropriate. EPA may also directly implement certain environmental management programs 

where federal statutes preclude tribal eligibility. 

4.2 TRIBAL ASSUMPTION OF FEDERAL ENVIRONMENTAL PROGRAMS

In the EPA Indian Policy, EPA announced its support for tribal assumption of environmental 

programs under federal statutes, stating, among other things, that “[t]he Agency will recognize 

tribal governments as the primary parties for setting standards, making environmental policy 

decisions, and managing programs for reservations, consistent with Agency standards and 

regulations.” 

There are more than a dozen major federal 

environmental laws applicable to Indian country. 

See [http://epa.gov/compliance/basics/laws.html].
Sector Notebook Project Profile of Tribal Governement Operations 

Three environmental statutes - the Safe Drinking Water Act (SDWA), the Clean Water Act 

(CWA), and the Clean Air Act (CAA) - explicitly authorize EPA to “treat tribes in the same 

manner as states” (TAS) for purposes of implementing various environmental programs. In 

addition, the Comprehensive Environmental Response, Compensation, and Liability Act 

(CERCLA) explicitly include a provision that affords tribes substantially the same treatment as 

states with respect to certain provisions of the Act, while the Federal Insecticide, Fungicide and 

Rodenticide Act (FIFRA) also provides a role for tribes. Although the Toxic Substances Control 

Act (TSCA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) do not 

explicitly provide for TAS, EPA has taken the position that it has the discretion to approve tribes 

to implement certain programs in the same manner as states in order to fill gaps in how the 

statutes are implemented in Indian country. 

For tribes to assume many of EPA’s regulatory programs, they generally must go through the 

TAS process and meet the following criteria: 

 The tribe must be federally-recognized; 

 The tribe must have or be able to exercise substantial governmental powers; 

 The tribe must have or have been delegated jurisdiction over the area in question; and 

 The tribe must be reasonably expected to have the capability to effectively implement a 

program. 

In general, once a tribe has been deemed eligible for one EPA program, it need only establish 

that it has jurisdiction and capability for each subsequent program. If a tribe does not have 

capability, it must have a plan for acquiring capability over time. A capability showing is 

required because each program may require different skills and activities to provide protection 

that meets the requirements of specific statutes and regulations. 

Perhaps the most important of the tribe-specific eligibility criteria is whether the functions to be 

exercised by a tribe are within the applicant tribe’s jurisdiction. EPA asks tribes that are 

applying for regulatory programs to demonstrate in their applications that they have adequate 

jurisdiction over the areas to be regulated. Under principles of federal Indian law, tribes 

generally have inherent sovereign authority to regulate both their members and land held in trust 

(although specific statutes may have affected this general principal for some tribes). Depending 

on the scope of the application, EPA may also need to evaluate whether a particular tribe has 

jurisdiction over nonmember activities on nonmember-owned fee lands within the boundaries of 

an Indian reservation. Jurisdiction over nonmember activities on fee lands may come from two 

potential sources: a tribe may have inherent authority over these activities; or Congress may, by 

statute, delegate federal authority to a tribe. Tribal applications for authorization to administer 

the program are sent to EPA’s Regional Administrators. 

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EPA has made a number of “treatment in the same manner as a State” determinations for tribes, 

most of which involved findings that tribes are eligible for grants under the CWA. EPA has 

approved twenty-seven tribes to set water quality standards under section 303 of the CWA. One 

tribe has received primacy under the SDWA. Five tribes have received program approval under 

the CAA. Approximately 30 tribes operate pesticide certification or enforcement programs 

authorized by FIFRA under cooperative agreements with EPA. 

4.3 THE CLEAN AIR ACT

The CAA is designed to “protect and enhance the nation’s air resources so as to protect the 

public health and welfare and the productive capacity of the population.” The CAA directs EPA 

to establish national standards for ambient air quality and for EPA, tribes, and states to 

implement, maintain, and enforce these standards through a variety of mechanisms; tribes are 

expressly eligible for TAS. CAA regulations appear at 40 CFR Parts 50-99. EPA’s Tribal Air 

Web site [http://www.epa.gov/air/tribal/] provides information about CAA issues affecting tribes. 

The Clean Air Act Tribal Authority Rule establishes eligibility requirements for TAS, EPA’s 

Tribal Air Program Resources site [http://www.epa.gov/air/tribal/airprogs.html] provides information.

For training, technical information, and resources related to the CAA, see Appendix E. 

 National Ambient Air Quality Standards. EPA establishes national ambient air quality 

standards (NAAQSs) to limit levels of “criteria pollutants:” carbon monoxide, lead, 

nitrogen dioxide, particulate matter, ozone, and sulfur dioxide. Geographic areas that meet 

NAAQSs for a given pollutant are designated as attainment areas; those that do not meet 

NAAQSs for a given pollutant are designated as non-attainment areas. Under Section 301 

of the CAA, tribes may, but are not required to, apply to develop a Tribal Implementation 

Plan (TIP) to identify sources of air pollution and to determine what reductions are 

necessary to meet federal air quality standards. Revised NAAQS for particulates and ozone 

became effective in 2004. 

 New Source Performance Standards. EPA establishes New Source Performance 

Standards (NSPS), which are nationally uniform emission standards for new and modified 

stationary sources falling within particular industrial categories. NSPSs are based on the 

pollution control technology available to that category of industrial source (see 40 CFR Part 

60). 

 National Emission Standards for Hazardous Air Pollutants. EPA establishes National 

Emission Standards for Hazardous Air Pollutants (NESHAPs) to control particular 

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hazardous air pollutants (HAPs). Section 112(c) of the CAA directs EPA to develop a list 

of sources that emit any of 188 HAPs and to develop regulations for these categories of 

sources. To date, EPA has listed 185 source categories and developed a schedule for 

establishing emission standards. The emission standards are developed for both new and 

existing sources based on “maximum achievable control technology” (MACT). MACT is 

defined as the control technology that achieves the maximum degree of reduction in the 

emission of HAPs, taking into account cost and other factors. 

 Mobile Sources. Title II of the CAA pertains to mobile sources, such as cars, trucks, 

buses, and planes, as well as small engines, like lawn mowers, and large stationary engines 

used in industry and pipelines. EPA uses technology forcing emissions requirements, 

reformulated gasoline, automobile pollution control devices, and vapor recovery nozzles on 

gas pumps, among other mechanisms, to regulate mobile air emission sources. While 

almost all mobile source regulation is reserved exclusively for EPA, eligible and approved 

TAS tribes may participate in enforcing mobile source enforcement through vehicle 

inspection and maintenance programs; states are required to participate in such programs. 

 Sulfur Dioxide/Nitrogen Oxide Emissions. Title IV of the CAA establishes a sulfur 

dioxide/nitrogen oxide emissions program designed to reduce the formation of acid rain. 

Sulfur dioxide releases can be reduced under a “cap and trade” program by granting to 

certain sources limited emissions allowances, which are below previous levels of sulfur 

dioxide releases. Commercial electric generators (natural gas, oil or coal fired) are the 

primary subjects of this title. Tribal governments that own and operate municipal waste 

combustors, sewage sludge incinerators, or large boilers/generators may be subject to these 

requirements. Tribal governments with these types of sources may choose to seek to obtain 

federal regulatory authority over this program. 

 Major Source Permit Program. Title V of the CAA requires that all “major sources” 

(and certain minor sources) of air pollution obtain an operating permit, and such sources 

may be required to submit information about emissions, control devices, and the general 

process at the facility in the permit application. Permits may limit pollutant emissions and 

impose monitoring, record keeping, and reporting requirements. One purpose of the 

operating permit is to include in a single document all air emissions requirements that apply 

to a given facility. Tribal governments may apply for eligibility to issue and monitor Title 

V permits. 

 Stratospheric Ozone Protection. Title VI of the CAA is intended to protect stratospheric 

ozone by phasing out the manufacture of ozone-depleting chemicals and restricting their 

use and distribution. The production of “Class I” substances, including 15 kinds of 

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chlorofluorocarbons and chloroform, was phased out (except for essential uses) in 1996. 

EPA’s Stratospheric Ozone Information Hotline, at (800) 296-1996, or the Ozone Depletion 

Web site [http://www.epa.gov/ozone/], provides general information about regulations 

promulgated under Title VI of the CAA. 

 Risk Management Planning Section 112(r) of the CAA mandates a federal focus on the 

prevention of serious chemical accidents that could affect public health and the 

environment. Under these requirements, facilities must identify and assess their chemical 

hazards and carry out certain activities designed to reduce the likelihood and severity of 

accidental chemical releases. Information summarizing these activities is available to 

tribes, the public, and all other stakeholders. Using this information, tribes and tribe 

members can work with industry to reduce risks to the community from chemical accidents. 

In the broadest sense, risk management planning relates to tribal emergency preparedness 

and response, to pollution prevention at facilities, and to worker safety. In a more focused 

sense, it forms one element of an integrated approach to safety and complements existing 

industry codes and standards. The risk management planning requirements build on the 

Occupational Safety and Health Administration’s (OSHA) Process Safety Management 

Standard. 

 CAA Implementation in Indian Country. EPA is authorized to directly implement the 

CAA in Indian country. However, over 100 tribes are now pursuing the development of air 

quality management programs, and many more have expressed an interest. Many tribes are 

monitoring their air for a variety of pollutants, from ozone and particulate matter, to 

mercury and acid rain, as well as developing emission inventories to understand the sources 

of air pollution on the reservations. Some tribes have been approved to implement CAA 

provisions and are developing TIPs to address violations of air quality standards; such 

tribes expect to apply for approval to run ongoing programs in the near future. Other tribes 

are developing operating permit programs for both major and minor sources of air 

pollution. 

Many are actively participating in partnerships with EPA and state regulators to address air 

quality problems that cross jurisdiction boundaries. An example of these partnerships is air 

toxics risk assessments being done cooperatively in the Phoenix area by three tribes and the 

State of Arizona. In addition, as many as 70 tribes are active partners in regional haze 

planning organizations, and around 100 tribes participate in the Western Regional Air 

Partnership. 

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4.4 CLEAN WATER ACT

The primary objective of the CWA is to restore and maintain the chemical, physical, and 

biological integrity of the nation’s surface waters. Pollutants regulated under the CWA are 

classified as either “toxic” pollutants; “conventional” pollutants, such as biochemical oxygen 

demand (BOD), total suspended solids (TSS), fecal coliform, oil and grease, and pH; or 

“nonconventional” pollutants, including any pollutant not identified as either conventional or 

priority. The CWA is implemented via several regulatory programs, including: 

 National Pollutant Discharge Elimination System Program. The CWA regulates both 

direct and indirect discharges. The National Pollutant Discharge Elimination System 

(NPDES) program (CWA Section 402) controls direct discharges into navigable waters. 

Direct discharges come from “point sources” which are defined as any “discernible, 

confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, 

tunnel, conduit, well, discrete fixture, container, rolling stock, concentrated animal feeding 

operation, landfill leachate collection system, vessel, or other floating craft from which 

pollutants are or may be discharged.” These include discharges of industrial and municipal 

wastewater, as well as storm water conveyed through a municipal separate storm water 

system (MS4). EPA’s NPDES Web site [http://cfpub.epa.gov/npdes/] provides technical and 

regulatory information about the NPDES permit program, which controls water pollution 

by regulating point sources (e.g., pipe, ditch) that discharge pollutants into waters of the 

United States. 

NPDES permits, issued by either EPA or an authorized tribe (or an authorized state or U.S. 

territory) contain industry-specific, technology-based and water quality-based limits, and 

establish pollutant monitoring, record keeping and reporting requirements; to date, EPA has 

not authorized any tribes to administer the NPDES program. A facility that proposes to 

discharge into the nation’s waters must obtain a permit prior to initiating a discharge. The 

permit will set the conditions and effluent limitations under which the facility may 

discharge. 

An NPDES permit may include discharge limits based on tribal water quality standards that 

are established under the CWA, and which are designed to protect designated uses of 

surface waters, such as supporting aquatic life or recreation. These standards, unlike the 

permit technology-based standards, generally do not take into account technological 

feasibility or costs. Water quality standards may vary from site to site, depending on the 

use classification of the receiving water body. When establishing water quality standards 

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and associated water quality criteria, tribes may elect to follow EPA guidelines, which 

propose aquatic life and human health criteria for many of the 126 priority pollutants. 

 Combined Sewer Systems Permit Provisions. NPDES permits for municipalities with 

combined sewer overflow (CSO) must conform to EPA’s CSO Control Policy. The 

permitting provisions include minimum technology-based controls that can reduce the 

prevalence and impacts of CSOs and that are not expected to require significant engineering 

studies or major construction. Communities with combined sewer systems are also 

expected to develop long-term CSO control plans that will ultimately provide for full 

compliance with the CWA, including attainment of water quality standards. EPA’s CSO 

Web site [http://cfpub.epa.gov/npdes/home.cfm?program_id=5] provides technical and regulatory 

information about CSOs. 

 Storm Water Discharges. EPA’s Stormwater Program 

[http://cfpub.epa.gov/npdes/home.cfm?program_id=6] is part of the NPDES program and is 

designed to regulate the discharge of contaminated stormwater (and contaminated 

discharges from storm sewers that are only supposed to discharge storm water) into 

navigable waters. 

EPA implemented the storm water program in two phases. Phase I of the stormwater 

program applies to medium (serving a population from 100,000 to 250,000) and large 

(serving a population greater than 250,000) municipal separate storm sewer systems (MS4), 

certain industrial facilities, and any construction activity disturbing at least 5 acres (large 

construction sites). Covered MS4, industrial facilities, or construction activity must apply 

for and obtain an NPDES storm water permit. Phase I began in 1990. 

Phase II of the stormwater program applies to small (serving populations under 100,000) 

MS4s and construction activity disturbing at least 1 acre and less than 5 acres (small 

construction sites). Covered MS4 and construction activity should obtain a stormwater 

NPDES permit for construction. This may be accomplished by submitting a Notice of 

Intent to EPA to be covered under a national general storm water permit. Phase II began in 

1999. 

The term MS4 does not solely refer to municipally owned storm sewer systems, but rather 

is a term with a much broader application that can include departments of transportation, 

colleges and universities, sewer districts, hospitals, military bases, and prisons. An MS4 

also is not always just a system of underground pipes - it can include roads with drainage 

systems, gutters, and ditches. The regulatory definition of an MS4 is provided in 40 CFR 

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122.26(b)(8). EPA’s Stormwater Program site 

[http://cfpub.epa.gov/npdes/home.cfm?program_id=6] provides general stormwater information and 

the Stormwater Phase II Compliance Assistance Guide 

[http://www.epa.gov/npdes/pubs/comguide.pdf] also provides information. 

 Pretreatment Program. The CWA also requires EPA to promulgate regulations that 

restrict discharge of wastewater indirectly through sewers to publicly-owned treatment 

works (POTWs). POTWs receive wastewater from homes, commercial buildings, and 

industrial facilities and transport it via a series of pipes, known as a collection system, to 

treatment facilities. Industrial users of POTWs must comply with CWA pretreatment 

standards before introducing pollutants into a POTW. These pretreatment standards must 

control pollutants that may pass through or interfere with POTW treatment processes or 

contaminate sewage sludge. EPA has developed national categorical Pretreatment 

Standards that apply numeric pollutant limits to industrial users in specific industrial 

categories. EPA has also developed general pretreatment requirements. The General 

Pretreatment Regulations require POTWs that meet certain criteria to develop pretreatment 

programs to control industrial discharges into their sewage collection systems. 

Additionally, the General Pretreatment Regulations include general prohibitions that forbid 

industrial users from causing pass through and interference, and specific prohibitions 

against the discharge of pollutants that cause problems at the POTW such as corrosion, fire 

or explosion, and danger to worker health and safety. 

Different technology-based categorical pretreatment standards apply to existing and new 

industrial categories. In addition, POTWs may need to develop “local limits,” to assist the 

POTW in achieving the effluent limitations in its NPDES permit or where necessary in 

order to prevent pass through or interference. Local limits may be more stringent than 

federal standards. 

 Sludge (Biosolid) Management. Section 405 of the CWA regulates the land application 

and land disposal of sludge - the solid, semisolid or liquid untreated residue generated 

during the treatment of domestic sewage in a treatment facility. 40 CFR 503 contains 

provisions for sludge quality, application rates, and environmental conditions under which 

land application is permitted. The regulations also specify sludge management methods 

and monitoring and record keeping requirements for both disposal and land application 

facilities. Sewage sludge can be disposed of in landfills, lagoons, incinerated, or applied to 

the land to serve as a soil enhancer or fertilizer. Land application of sewage sludge is often 

done on parks, golf courses, abandoned mines, and during construction site restoration. It 

can also be applied to crops, including crops for human consumption. EPA’s Biosolid Web 

site [http://www.epa.gov/owm/mtb/biosolids/index.htm] provides sludge and biosolid information. 

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 Spill Prevention, Control, and Countermeasure Plans. CWA section 311contains broad 

federal authority to prevent, respond and cleanup an oil spill or threat of an oil spill. This 

provision, as implemented through regulations at 40 CFR. part 112, requires facilities that 

could reasonably be expected to discharge oil in harmful quantities to navigable waters and 

adjoining shorelines to prepare and implement Spill Prevention, Control, and 

Countermeasure (SPCC) Plans. Section 4.6.3 contains additional information about SPCC 

Plans or online at EPA’s SPCC page of the Oil Program Web site 

[http://www.epa.gov/oilspill/spcc.htm]. 

4.4.1 THE WATER QUALITY STANDARDS PROGRAM AND TRIBAL PROGRAM APPROVAL 

Section 518(e) of the CWA require EPA to issue regulations to specify how the Agency would 

treat tribes in a manner similar to states for certain CWA programs, including the water quality 

standards program. Section 518(e) also requires EPA to establish a mechanism for resolving any 

unreasonable consequence that results when a tribe and a state adopt different water quality 

standards for common bodies of water. 40 CFR Part 131 contains the requirements and 

procedures for EPA to promulgate water quality standards for tribes and for EPA to approve or 

disapprove tribal applications. 

If a tribe chooses to apply for treatment as a state for the water quality standards program and 

receives EPA approval, all of the procedures and requirements that apply to states for the 

development, review, and adoption of water quality standards apply to a tribe with authorization 

to administer the program. Tribes have three years from the time they receive approval to 

administer the water quality standards program to submit their water quality standards to EPA 

for approval. 

4.4.2 WATER QUALITY STANDARDS - DISPUTE RESOLUTION MECHANISM

Section 518(e) of the CWA required EPA to issue regulations that establish procedures for 

resolving disputes between states and tribes that arise as a result of differing water quality 

standards on common bodies of water. Since some Indian reservations fall within the boundaries 

of one or more states, so it is possible that there will be conflicting water quality standards for a 

common body of water because there are two or more responsible governing bodies. This 

situation also occasionally occurs between two states sharing a common body of water. 40 CFR 

Section 131.7 states that the EPA Regional Administrator is responsible for acting in accordance 

with this section of the Regulation. 

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4.5 SAFE DRINKING WATER ACT

The Safe Drinking Water Act (SDWA) mandates that EPA establish regulations to protect 

human health from contaminants in drinking water. The law authorizes EPA to develop national 

drinking water standards and to create a system to ensure compliance with these standards. The 

SDWA also directs EPA to protect underground sources of drinking water through the control of 

underground injection of fluids. 

Drinking Water Programs 

EPA has developed primary and secondary drinking water standards under its SDWA authority. 

EPA and authorized tribes enforce the primary drinking water regulations, which are either 

contaminant-specific concentration limits that apply to certain public drinking water supplies or 

treatment techniques that must be followed. Primary drinking water standards are based on 

maximum contaminant level goals (MCLGs), which are non-enforceable health-based goals. 

The standards consist of treatment techniques or maximum contaminant levels (MCLs), which 

are enforceable limits set as close to MCLGs as possible, considering cost and feasibility of 

attainment. 

To assure these standards are maintained, SDWA regulations require public water systems to 

monitor for various contaminants, such as fecal coliform and metals. In addition, the SDWA 

regulations require specified disinfection and filtration activities, and public notification when 

certain contaminants exceed specified levels, and reporting of contaminant limit exceedences. 

Tribes may apply for eligibility to receive primary enforcement authority (known as primacy) to 

administer the requirements of Sections 1413 and 1451 of the SDWA. The Navajo Nation has 

primacy for the SDWA public water system (PWS) program. 

Underground Injection Control 

The SDWA Underground Injection Control (UIC) program (40 CFR Parts 144-148) is a permit 

program that protects underground sources of drinking water by regulating five classes of 

injection wells. The UIC permit program is primarily enforced by EPA in Indian country 

because no tribe is authorized to administer the program. 

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4.6 RESOURCE CONSERVATION AND RECOVERY ACT (SOLID AND HAZARDOUS WASTE 

 PROGRAMS

 

The Resource Conservation and Recovery Act (RCRA) of 1976, which amended the Solid Waste 

Disposal Act, addresses nonhazardous (Subtitle D) and hazardous (Subtitle C) waste 

management activities. The Hazardous and Solid Waste Amendments (HSWA) of 1984 

strengthened RCRA’s waste management provisions and added provisions governing 

underground storage tanks (USTs). 

Hazardous waste regulations (40 CFR Parts 260-299) establish a “cradle-to-grave” system 

governing hazardous waste from the point of generation to disposal. Hazardous waste is a solid 

waste, or combination of solid wastes, which because of its quantity, concentration, or physical, 

chemical, or infectious characteristics, may: (1) cause, or significantly contribute to, an increase 

in mortality or an increase in serious or incapacitating illness; or (2) pose a substantial present or 

potential hazard to human health or the environment when improperly treated, stored, 

transported, or disposed. RCRA hazardous wastes include the specific materials listed in the 

regulations (commercial chemical products designated with the code “P” or “U”, hazardous 

wastes from specific industries/sources designated with the code “K”, or hazardous wastes from 

non-specific sources, designated with the code “F”) or materials that exhibit a hazardous waste 

characteristic (ignitability, corrosivity, reactivity, or toxicity, and designated with the code “D”). 

The RCRA Orientation Manual [http://www.epa.gov/epaoswer/general/orientat/] provides an overview 

of both hazardous and non-hazardous waste issues. 

Entities that generate hazardous waste are subject to waste accumulation, manifesting, and record 

keeping standards. Facilities generally must obtain a permit if they store hazardous wastes for 

more than 90 days before treatment or disposal. Facilities may treat less-than-90-day tanks or 

containers of hazardous wastes without a permit. Subtitle C permits contain general facility 

standards, such as contingency plans, emergency procedures, record keeping and reporting 

requirements, financial assurance mechanisms, and unit-specific standards. RCRA also contains 

provisions (40 CFR Part 264 Subpart S and Section 264.101) for conducting corrective actions, 

which govern the cleanup of releases of hazardous waste or constituents from solid waste 

management units at RCRA treatment, storage, and disposal facilities. 

Solid Waste Management 

Solid Waste Management (40 CFR Part 247 and 258) regulations establish standards and 

guidelines for solid waste collection and disposal programs, as well as recycling programs. 

Municipal solid waste – otherwise known as trash or garbage – consists of everyday items such 

as boxes, grass clippings, furniture, clothing, bottles, food scraps, newspapers, and appliances. 

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The regulations also establish criteria for design, operation, maintenance, and closure for 

municipal solid waste landfills. In addition, the regulations provide requirements for thermal 

processing (incineration) and resource recovery facilities. Many tribes have found creative ways 

to reduce and better manage municipal solid waste through a mix of practices that includes 

source reduction, recycling (including composting), and disposal. 

4.6.1 UNDERGROUND STORAGE TANKS PROGRAM

Added in 1984, RCRA Subtitle I directed EPA to develop a comprehensive regulatory program 

for USTs storing petroleum or certain hazardous substances in order to protect the environment 

and human health from UST releases. EPA’s regulations (40 CFR Part 280) set minimum 

standards for new tanks and require owners of substandard tanks to upgrade or close them by 

1998. The regulations address a variety of other requirements, including those related to leak 

detection and cleanup of releases when they occur. Some USTs, such as many home heating oil 

tanks, are not federally regulated. Additional information on USTs is available on the Web site 

for EPA’s Office of Underground Storage Tanks [http://www.epa.gov/oust/]. 

USTs and Tribes 

EPA may not approve tribal UST programs under RCRA. However, tribes may seek to establish 

oil pollution regulations under their own authority. The Oil Pollution Act (OPA) required the 

initiation of significant new program activities relating to oil spill prevention, preparedness and 

response. A few tribes have developed or are developing their own UST regulations under the 

tribe’s laws, usually with financial support provided by EPA through grants or cooperative 

agreements. 

4.6.2 ABOVE GROUND STORAGE TANKS

The Spill Prevention Control and Countermeasures (SPCC) program (40 CFR Part 112) regulates 

the storage of oil in above ground containers. These regulations require owners or operators of 

certain above ground oil storage facilities to prepare and comply with written, site-specific, spill 

prevention plans. ASTs subject to the SPCC requirements are: 

 Facilities with a total above ground oil storage capacity of more than 1,320 gallons; 

 Single above ground tanks with an oil storage capacity of more than 660 gallons; and 

 Facilities with a total combined underground oil storage capacity greater 42,000 gallons. 

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4.6.3 OIL SPILL PROGRAMS - SPILL PREVENTION, CONTROL, AND COUNTERMEASURE PLANS

The CWA, section 311, and the Oil Pollution Act of 1990 (OPAO contain broad federal 

authority to prevent, respond to and clean up an oil spill or threat of an oil spill. EPA’s Oil Spill 

Program regulates non-transportation-related facilities storing, producing, using, processing, 

refining or otherwise managing oil of any kind that could reasonably be expected to discharge 

into the navigable waters of the United States and adjoining shorelines. EPA’s Oil Pollution 

Prevention rule at 40 C.F.R. part 112 requires such facilities to develop and implement Spill 

Prevention, Control and Countermeasure (SPCC) plans. Facilities are not required to report the 

number of storage tanks or containers. There is no authority under Section 311 for authorized or 

approved state or tribal SPCC regulatory programs. Information on this program can be found at 

EPA’s Preventing Oil Spills Web site [http://www.epa.gov/oilspill/prevent.htm]. 

On July 16, 2002, EPA promulgated a revised final SPCC regulations that became effective 

August 17, 2002. The SPCC regulations also require specific management procedures for 

loading, unloading, and storing petroleum products. EPA subsequently extended the regulatory 

compliance schedule included in the new SPCC rule. The current compliance dates for the new 

rule are: 

 By February 17, 2006, facilities must prepare, and a Professional Engineer (P.E.) certify, 

an SPCC Plan in accordance with the new SPCC rule by this date; and 

 By August 18, 2006, facilities must implement a revised SPCC Plan. 

In the interim, facilities are required to maintain their existing SPCC Plans and amend it in 

accordance with 40 CFR Section 112.5. 

OPA amended section 311 of the CWA and established additional requirements for oil pollution 

prevention, response and liability. EPA has several regulations covering response to oil 

discharges. 

 The National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 40 CFR 

Part 300. 

 Facility Response Plan requirements, 40 C.F.R. part 112, Subpart D. 

Coastal and Marine Oil Spills 

The U.S. Coast Guard has jurisdiction over coastal/marine oil spills and oil spills that threaten 

navagible waters. The Department of Transportation, Office of Pipeline Safety, regulates the 

transport of oil through pipelines. EPA is the lead response agency for inland pipeline spills. 

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More information can be obtained at the Office of Pipeline Safety Web site [http://ops.dot.gov/]. 

Also, a federal reporting requirement exists for oil spills and chemical spills, that requires a call 

to the National Response Center at 800-424-8802. To obtain more information on marine spills, 

contact EPA at (202) 267-2229 or (800) 368-5647. EPA’s Reporting Oil Spills Web site 

[http://www.epa.gov/oilspill/contacts.htm] also provides more information. Oil spills can also be 

reported to the National Response Center at (800) 424-8802. 

4.7 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAMS

The Emergency Planning and Community Right-to-Know Act (EPCRA) is designed to improve 

community access to information about chemical hazards and to facilitate the development of 

chemical emergency response plans by tribal governments. EPCRA and its regulations (40 CFR 

Parts 350-372) establish four types of reporting obligations for facilities that store or manage 

specified chemicals: 

 Extremely Hazardous Substances requires facilities to notify the SERC and LEPC of the 

presence of any extremely hazardous substance (the list of such substances is in 40 CFR 

Part 355, Appendices A and B) in excess of the substance’s threshold planning quantity and 

directs the facility to appoint an emergency response coordinator. 

 Notification of a Release or Exceedence (EPCRA Section 304) requires facilities to 

notify the SERC and the LEPC in the event of a release equaling or exceeding the 

reportable quantity of a CERCLA hazardous substance or an EPCRA extremely hazardous 

substance. 

 Material Safety Data Sheets (EPCRA Sections 311 and 312) require a facility at which 

a hazardous chemical, as defined by the Occupational Safety and Health Act, is present in 

an amount exceeding a specified threshold to submit to the TERC, LEPC, and local fire 

department material safety data sheets (MSDSs) or lists of MSDSs and hazardous chemical 

inventory forms (also known as Tier I and II forms). 

 Toxic Release Inventory (EPCRA Section 313) requires manufacturing facilities 

included in SIC codes 20 through 39, as well as SIC codes 10, 12, 4911, 4931, 4939, 4953, 

5169, 5171, and 7389, that have 10 or more employees and that manufacture, process, or 

use specified chemicals in amounts greater than threshold quantities, to submit an annual 

toxic chemical release report. This report, known commonly as Form R, covers releases 

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and transfers of toxic chemicals to various facilities and environmental media and allows 

EPA to compile the national Toxic Release Inventory (TRI) database. 

EPCRA and Tribes 

Under EPCRA and 40 CFR Parts 350-372, tribes can establish tribal emergency response 

commissions (TERCs), which are responsible for coordinating certain emergency response 

activities and can appoint tribal emergency planning committees (TEPCs). Tribal EPCRA 

programs involve the collection, management, and distribution of information related to the 

presence of particular substances at facilities in their areas. 

4.8 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a 

1980 law known commonly as Superfund, authorizes EPA to respond to releases or threatened 

releases of hazardous substances that may endanger public health, welfare, or the environment. 

CERCLA also enables EPA to compel parties responsible for environmental contamination to 

clean it up or to reimburse the Superfund for response costs, which include remediation costs 

incurred by EPA. 

EPA Responses to Hazardous Substance Releases 

EPA implements hazardous substance responses according to procedures outlined in the National 

Oil and Hazardous Substances Pollution Contingency Plan (NCP) (40 CFR Part 300). The NCP 

includes provisions for permanent cleanups, known as remedial actions, and other cleanups, 

referred to as removals. EPA generally takes remedial actions only at sites on the National 

Priorities List (NPL), which currently includes approximately 1,300 final and proposed sites. 

Both EPA and states can act at NPL sites; however, EPA provides responsible parties the 

opportunity to conduct removal and remedial actions and encourages community involvement 

throughout the Superfund response process. EPA and states have developed a work share 

arrangement to divide assessment and cleanup responsibility. As a matter of policy, EPA 

requests state or tribal concurrence for listing a site on the NPL, depending on whether the site is 

located on state or tribal lands. In certain circumstances, EPA does conduct response actions at 

non-NPL sites. 

 Superfund Enforcement Program. A primary goal of the Superfund enforcement 

program is to obtain consensual settlements, or, if necessary, compel potentially responsible 

parties (PRPs) to implement or pay for site cleanups. Hazardous waste responses are often 

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an emergency and there is not time to search for PRPs and to ensure they take responsibility 

for their action. In these cases EPA acts immediately, taking a Fund-lead action, which 

uses federal money from the Superfund, and then tries to recover the costs of the cleanup 

from the PRPs. When the situation permits, EPA tries to get the PRP to conduct the 

cleanup before it uses Fund resources. When this happens the action is referred to as an 

enforcement-lead or PRP-lead action. 

 Superfund Sites and Tribal Governments. Tribes are accorded the same status as states 

under much of CERCLA and its regulations, which provide for a meaningful and 

substantial role for tribes in Superfund response. Tribes are increasingly choosing to 

exercise that role as they develop greater capability for site response. 

 Natural Resource Damages. Natural resource injuries may occur at sites as a result of 

releases of hazardous substances or oil. CERCLA provides authority for assessment and 

restoration of natural resources that have been injured by a hazardous substance release or 

response. OPA, enacted in reaction to the Exxon Valdez oil spill, provides authority for oil 

pollution liability and compensation as well as for the federal government to direct and 

manage oil spill cleanups. Similar to CERCLA, OPA contains authorities to allow the 

assessment of damages and restoration of natural resources that have been contaminated by 

the discharge, or threatened discharge, of oil. Both CERCLA and OPA define “natural 

resources” broadly to include “land, fish, wildlife, biota, air, water, groundwater, drinking 

water supplies, and other such resources....” 

 Natural Resource Damages (NRD) Trustees. EPA is not a Natural Resource Trustee, 

nor is it authorized to act on behalf of Natural Resource Trustees. For NRD, EPA’s role 

primarily involves the notification of, and coordination with, all Trustees, including 

coordinating assessments, investigations, and planning with Trustees. When an 

enforcement action is initiated, CERCLA requires EPA to notify Federal Natural Resource 

Trustees of settlement negotiations with potentially responsible parties, if the release of 

hazardous substances may have resulted in injuries to natural resources under their 

Trusteeship, and encourages the participation of Federal Natural Resource Trustees in 

settlement negotiations. OPA requires EPA to consult with affected trustees on removal 

actions taken in conjunction with any discharge of oil. 

 Under both CERCLA and OPA, federal, tribal, and state “Natural Resource Trustees” are 

authorized to “represent” natural resources belonging to, managed by, controlled by, or 

appertaining to their respective entities. The two major areas of Trustee responsibility 

under CERCLA and OPA are: (1) assessment of damages due to injury to natural resources; 

and (2) restoration of natural resources injured or services lost due to a release or discharge. 

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Both statutes provide several mechanisms to meet these responsibilities. The Trustees can 

either: (1) sue in court to obtain compensation from the potentially responsible parties 

(PRPs) for NRD damages and the costs of assessment and restoration planning; or (2) 

conduct assessments or restorations in accordance with certain standards specified by the 

federal government and file a claim for reimbursement from the Trust Fund established 

under OPA; or (3) participate in negotiations with PRPs to obtain PRP-financed or PRPconducted assessments and restorations of NRD. 

 Tribal Natural Resource Trustees. Tribal Chairmen (or heads of the governing bodies of 

Indian Tribes), or persons designated by tribal officials, shall act as Tribal Trustees for 

natural resources belonging to, managed by, controlled by, or appertaining to the Indian 

Tribe, or held in trust for the benefit of such Indian Tribe, or belonging to a member of an 

Indian Tribe, if such resources are subject to a trust restriction on alienation. Under certain 

circumstances, the Secretary of the Interior may act as Trustee on behalf of a Tribe at the 

Tribe's request (40 CFR 300.610). 

 Cleaning Up and Reinvesting in Contaminated Property. In January 2002, Superfund 

was amended by the Small Business Liability Relief and Brownfields Revitalization Act to 

provide relief for small businesses from liability under Superfund, and to amend CERCLA 

to promote cleanup and reuse of brownfields, to provide financial assistance for 

brownfields revitalization, and to enhance state and tribal response programs. 

“Brownfields” sites are properties, the redevelopment of which may be complicated by the 

presence or potential presence of a hazardous substance, pollutant, or contaminant. The 

free-standing law, commonly known as the Brownfields Law, authorizes EPA to address 

brownfields sites that may not be addressed under Superfund. The Brownfields Law also 

changes and clarifies Superfund liability in two ways: (1) clarifies Superfund liability for 

prospective purchasers, innocent landowners, and contiguous property owners; and (2) 

provides liability protection for certain small volume contributors and contributors of 

municipal solid waste. 

4.9 FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT

The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) addresses the sale, 

distribution, and labeling of pesticides, as well as the certification and training of pesticide 

applicators. FIFRA also establishes record keeping and reporting requirements on certified 

applicators of restricted use pesticides, as well as imposing storage, disposal, and transportation 

requirements on registrants, and applicants for registration, of pesticides. 

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The primary purpose of FIFRA is to regulate the labeling, and the subsequent use, of pesticides. 

Pesticide use is regulated through requirements to apply pesticides in a manner consistent with 

the label. The labeling requirements include directions for use, warnings, and cautions, along 

with the uses for which the pesticide is registered (i.e., pests and appropriate applications). 

Labeling requirements also include specific conditions for the application, mixture, storage, and 

time period for re-entry to fields following pesticide application, and when crops may be 

harvested after applications. If a pesticide is used in a manner contrary to its labeling, that use 

constitutes a violation of FIFRA. 

FIFRA and Tribes 

EPA generally is the primary enforcement authority for pesticide use violations in Indian 

country. Tribes may seek to restrict the sale or use of a federally registered pesticide, but may 

not allow the sale or use of a federally prohibited product. EPA works cooperatively with tribal 

government to enforce FIFRA, as it does with states and territories. For example, under FIFRA 

Section 23, EPA may enter into cooperative agreements with tribes. These agreements may 

include provisions for tribes to assist EPA in ensuring compliance with FIFRA by obtaining 

federal inspector credentials, conducting inspections, and recommending enforcement actions to 

EPA. As a separate matter, EPA also provides funding to tribes to assist in the development and 

implementation of pesticide programs under tribal law. 

4.10 TOXIC SUBSTANCES CONTROL ACT

The Toxic Substances Control Act (TSCA) granted EPA authority to create a regulatory 

framework to collect data on chemicals to evaluate, assess, mitigate, and control risks that may 

be posed by their manufacture, processing, and use. TSCA provides a variety of control methods 

to prevent chemicals from posing unreasonable risk. 

TSCA standards may apply at any point during a chemical’s life cycle. Under TSCA Section 5, 

EPA has established an inventory of chemical substances. If a chemical is not already on the 

inventory and has not been excluded by TSCA, a premanufacture notice (PMN) must be 

submitted to EPA prior to manufacture or import. The PMN must identify the chemical and 

provide available information on health and environmental effects. If available data are not 

sufficient to evaluate the chemical’s effects, EPA can impose restrictions pending the 

development of information on its health and environmental effects. EPA can also restrict 

significant new uses of chemicals based upon various factors, such as the projected volume and 

use of the chemical. 

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Under TSCA Section 6, EPA can ban the manufacture or distribution in commerce, limit the use, 

require labeling, or place other restrictions on chemicals that pose unreasonable risks. Among 

the chemicals EPA regulates under Section 6 authority are asbestos, chlorofluorocarbons, and 

PCBs. 

4.11 NATIONAL ENVIRONMENTAL POLICY ACT

The National Environmental Policy Act (NEPA) was one of the first laws written to establish the 

broad national framework for protecting our environment while bolstering the health and welfare 

of humankind. NEPA directs federal agencies to assess the potential environmental impacts of 

their proposed major actions significantly affecting the human environment and inform the 

public about those potential impacts. For Indian country and in other tribal areas, the 

environmental impacts of federal agency actions may involve such things as water quality or 

quantity issues, air quality issues, land use, or potential impacts to sacred sites, items of cultural 

patrimony, and traditional hunting, fishing, and gathering rights. Understanding the range of 

potential environmental impacts enables federal agencies to integrate environmental values into 

their decision-making processes. 

Environmental assessments may be used by a federal agency to determine whether the 

environmental impacts of the agency’s proposed action are likely to be significant. If the 

impacts are not expected to be significant, federal agencies prepare a finding of no significant 

impact. If the impacts are likely to be significant, federal agencies prepare an environmental 

impact statement (EIS). As part of the NEPA process, federal agencies, including EPA, with 

jurisdiction by law or with special expertise with respect to any environmental impact involved, 

or which are authorized to develop and enforce environmental standards, must comment on 

another agency’s EISs. 

EPA also has unique comment responsibility under Section 309 of the Clean Air Act because the 

Agency must review and comment in writing on the environmental impact of, among other 

things, any newly authorized federal projects for construction and any major federal agency 

action significantly affecting the environment. Thus, as part of the NEPA process, EPA reviews 

all EISs prepared by federal agencies, and may also review some environmental assessments. 

EPA’s comment letters are available to tribes and tribal members upon request and EIS comment 

summaries are available at the EPA Comments on Environmental Impact Statements Web site 

[http://cfpub.epa.gov/compliance/nepa/comments/]. 

Under the NEPA process, tribes generally are invited to comment on EISs when the effects of 

the federal agency’s action may be on a reservation, and federal agencies should actively solicit 

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tribal government participation as a “cooperating agency” when the project’s effects are on a 

reservation. Agencies should also invite tribes to comment and be a “cooperating agency” when 

non-reservation tribal resources are affected. 

Identifying, understanding and addressing the potential environmental impacts to tribes and 

Indian country and in other tribal areas are key elements of the NEPA process. Indeed, the 

Council of Environmental Quality’s regulations implementing NEPA specify that federal 

agencies should consult with affected tribal governments through the scoping process, and 

identify possible conflicts between a proposed action and the objectives of tribal reservation land 

use plans, policies and controls. In addition to any scoping comments and comments on draft 

EISs which the tribes and individual tribal members may offer, EPA uses its knowledge of 

Indian country to facilitate the identification of potential issues during scoping so that the NEPA 

process addresses issues that could impact tribes and tribal members. 

For certain programs, EPA may also prepare an EIS for an action. In such cases, EPA solicits 

participation of the tribal government as a “cooperating agency” when the project’s effects may 

impact Indian country and other tribal areas. As part of the EIS process, EPA fully considers 

potential impacts to the tribal government and/or tribal members as part of its consideration of 

other relevant environmental statutes, regulations and Executive Orders related to the proposed 

action. EPA seeks to ensure that mitigation plans developed by EPA for the action incorporate 

tribal concerns and, for project effects that may impact Indian country or other tribal areas, that 

the tribal government and/or tribal members will have meaningful involvement in the 

development and, as appropriate, implementation of these mitigation plans. 

4.12 ENDANGERED SPECIES ACT

The Endangered Species Act (ESA) establishes a program for conserving endangered and 

threatened species and their habitats. The ESA affords broad protection for species of plants and 

animals that are listed as endangered or threatened. Provisions in the ESA and its regulations, 

which are administered by the Fish and Wildlife Service (FWS) and National Marine Fisheries 

Service (NMFS), describe the process for listing species, as well as for designating critical 

habitat and developing species recovery plans. 

The ESA generally prohibits the taking, possession, import, export, sale, and transport of a listed 

animal. The term “take” includes harassing, harming, hunting, killing, capturing, and collecting. 

“Harm” includes significant habitat alteration that actually kills or injures a listed animal. The 

FWS and NMFS, however, may issue permits that authorize “take” that is incidental to an 

otherwise lawful activity. To obtain a permit, an applicant develops a habitat conservation plan 

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that minimizes and mitigates the taking. FWS and NMFS may provide technical assistance and 

financing. Permits may also be issued that provide for protection of existing habitat in exchange 

for flexibility to later develop the habitat. Incidental take permits may cover small or very large 

areas. 

Under the ESA, it is also unlawful to maliciously damage, destroy, or remove and possess listed 

plants in an area under federal jurisdiction; damage or remove a listed plant from any other area 

in knowing violation of state law; or to import, export, or sell a listed plant. In addition, where 

an activity is authorized, funded, or carried out by a federal agency, the ESA provides that the 

federal agency must consult with the FWS or NMFS to ensure that the agency action is not likely 

to jeopardize listed species or their designated critical habitat. If jeopardy is likely to occur, 

FWS or NMFS suggests alternatives. The consultation process may also result in authorization 

of incidental take, as long as the take is minimized. 

Tribal governments, among others, may petition the FWS or NMFS to list species, and may 

comment on proposed listings, critical habitat designations, and recovery plans. Tribes may also 

enter into conservation agreements regarding species considered candidates for listing, with a 

view toward obviating the need to list the species. Federal policy provides opportunities for 

Tribal governments to participate in consultations between federal agencies and FWS or NMFS 

required by the ESA to ensure no jeopardy, and establishes that deference will be given to tribal 

conservation plans regarding activities on Indian lands that address listed species. Federal 

enforcement policy provides that ESA-related restrictions regarding incidental take may be 

imposed on Tribes only under carefully detailed circumstances. The American Indian Tribal 

Rights & the ESA Web site [http://www.fws.gov/endangered/tribal/index.html] of the FWS, in particular, 

is an excellent source of information regarding the ESA, federal policies, and Indian tribal rights. 

4.13 RANGE MANAGEMENT PROGRAMS 

Range management is an issue for all Tribes with public rangelands within their reservation 

boundaries. Rangelands include federally owned grazing lands that are leased out for cattle and 

horse grazing to states, localities, tribes, and private industries for non-tribal uses. These 

rangelands are usually managed by the federal Bureau of Land Management (BLM). Tribes with 

rangelands work cooperatively with the BLM to ensure proper management, under the guidelines 

contained within 43 CFR §4180, et seq. 

Federal units of national ranges and affiliated refugees may be managed by tribes in certain 

circumstances when they have a historic, geographic and cultural link to the unit. 

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To develop appropriate standards for rangelands, tribes consider the four fundamentals of 

rangeland health as outlined in the grazing regulations: (1) watershed functioning; (2) water, 

nutrients, and energy cycling; (3) water quality; and (4) habitat protection. 

Additionally, ranges raise many environmental issues such as habitat destruction from grazing, 

water issues (pollution, scarcity), fencing and containment, erosion control, and feral animal 

management. 

In addition to the requirements in the CFR, tribal governments may develop ordinances that deal 

with the environmental impacts of livestock grazing. 

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Appendix A 

APPENDIX A. LIST OF ACRONYMS

ACM Asbestos Containing Material (AHERA) 

AST Aboveground Storage Tank (RCRA) 

AHERA Asbestos Hazards Emergency Response Act 

BIA Bureau of Indian Affairs 

BOD Biochemical Oxygen Demand (CWA and SDWA) 

BLM Bureau of Land Management (Department of the Interior) 

BMP Best Management Practices 

C&D Construction and Demolition Waste 

CAA Clean Air Act 

CSS Combined Sewer Systems (CWA) 

CERCLA Comprehensive Environmental Response, Compensation, and Liability Act 

CORPS U.S. Army Corps of Engineers (Department of Defense) 

CESQG Conditionally Exempt Small Quantity Generator (RCRA) 

CFC Chlorofluorocarbon (CAA) 

CFR Code of Federal Regulations 

CGP Construction General Permit (CWA) 

CSO Combined Sewer Overflow (CWA) 

CSS Combined Sewer Systems (CWA) 

CWA Clean Water Act 

DOI Department of the Interior 

DITCA Direct Implementation Tribal Cooperative Agreement 

DMR Discharge Monitoring Report (CWA) 

DOE United States Department of Energy 

EA Environmental Assessment (NEPA) 

EIS Environmental Impact Statement (NEPA) 

ELM Environmental Landscape Management 

EMS Environmental Management Systems 

EPA United States Environmental Protection Agency 

EPP Environmentally-Preferable Purchasing 

EPCRA Emergency Planning and Community Right-to-Know Act 

ESA Endangered Species Act 

FHWA Federal Highways Administration (U.S. Department of Transportation) 

FIFRA Federal Insecticide, Fungicide, and Rodenticide Act 

FIP Federal Implementation Plan (CAA) 

FR Federal Register 

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FWS Fish and Wildlife Service (Department of the Interior) 

GAP Indian Environmental General Assistance Program 

GCP General Construction Permit 

HAP Hazardous Air Pollutant (CAA) 

HHW Household Hazardous Waste (RCRA) 

HMIWI Hospital/Medical/Infectious Waste Incinerator (CAA) 

HUD United States Department of Housing and Urban Development 

I/I Infiltration and Inflow (CWA) 

IGRA Indian Gaming Regulatory Act 

IHS Indian Health Service, United States Department of Health and Human Services 

IPM Integrated Pest Management 

IRA Indian Reorganization Act 

IRR Indian Reservation Roads 

LCSS Large Capacity Septic System (SDWA) 

LDR Land Disposal Restrictions (RCRA) 

LEED Leadership in Energy and Environmental Design 

LEPC Local Emergency Planning Committee (EPCRA) 

MMPA Marine Mammal Protection Act 

MACT Maximum Achievable Control Technology (CAA) 

MCL Maximum Contaminant Level (SDWA) 

MCLG Maximum Contaminant Level Goal (SDWA) 

MBTA Migratory Bird Treaty Act 

MSDS Material Safety Data Sheet 

MS4s Municipal Separate Storm Sewers (CWA) 

MSW Municipal Solid Waste (RCRA) 

MTBE Methyl Tertiary Butyl Ether 

NAA Nonattainment Area (CAA) 

NAAQS National Ambient Air Quality Standards (CAA) 

NAGPRA Native American Graves Reparation Act 

NIGRA National Indian Gaming Regulatory Act 

NIGC National Indian Gaming Commission 

NCP National Oil and Hazardous Substances Pollution Contingency Plan 

NEPA National Environmental Policy Act 

NESHAP National Emission Standards for Hazardous Air Pollutants (CAA) 

NHPA National Historic Preservation Act 

NIGRA National Indian Gaming Regulatory Act 

NMFS National Marine Fisheries Service (National Oceanic and Atmospheric Agency) 

NOX Nitrogen Oxides (CAA) 

NPDES National Pollutant Discharge Elimination System (CWA) 

NPDWR National Primary Drinking Water Regulation (SDWA) 

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NPL National Priorities List (CERCLA) 

NRC National Response Center 

NSPS New Source Performance Standards (CAA) 

NTNC Nontransient Noncommunity Water System (SDWA) 

O&M Operation and Maintenance 

OPA Oil Pollution Act 

OSHA Occupational Safety and Health Administration (Department of Health and 

 Human Services) 

PBT Persistent Bioaccumulative Toxins 

PCB Polychlorinated Biphenyl 

PH Potential of Hydrogen 

PMN Premanufacture Notice (TSCA) 

POTW Publicly Owned Treatment Works (CWA) 

PSD Prevention of Significant Deterioration (CAA) 

RCRA Resource Conservation and Recovery Act 

RMP Risk Management Program (EPCRA) 

SARA Superfund Amendments and Reauthorization Act 

SDWA Safe Drinking Water Act 

SEP Supplemental Environmental Project 

SERC State Emergency Response Commission (EPCRA) 

SIC Standard Industrial Classification 

SIP State Implementation Plan (CAA) 

SOx Sulfur Oxides 

SPCC Spill Prevention, Control, and Countermeasure 

SQG Small Quantity Generator (RCRA) 

SSO Sanitary Sewer Overflow (CWA) 

TAS Treatment In The Same Manner as A State 

TEA Tribal Environmental Agreement 

TERC Tribal Emergency Planning Committee (EPCRA) 

TIP Tribal Implementation Plan (CAA) 

TMDL Total Maximum Daily Load (CWA) 

TNC Transient Noncommunity Water System (SDWA) 

TRI Toxic Release Inventory (EPRCA) 

TSCA Toxic Substances Control Act 

TSD Treatment, Storage, and Disposal (RCRA) 

TSS Total Suspended Solids (CWA) 

UIC Underground Injection Control (SDWA) 

USC United States Code 

USDW Underground Source of Drinking Water (SDWA) 

UST Underground Storage Tank (RCRA) 

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VOC Volatile Organic Compound (CAA) 

WWTP Wastewater Treatment Plant (CWA) 

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Appendix B 

APPENDIX B. CONTACTS FOR EPA INDIAN AND MEDIA PROGRAMS

Please note that while we have made every effort to have the information in this appendix current 

at the time of printing, individuals in specific jobs may change over time. To find current phone 

listings for specific individuals, the EPA Employee Directory [http://cfpub.epa.gov/locator/index.cfm] 

is a good resource. The EPA Program Offices & Tribal Programs Page of the American Indian 

Environmental Office Web site [http://www.epa.gov/indian/programs.htm] provides links to tribal 

contacts in a specific program. 

EPA Regional Contacts – Indian Program & Media Programs 

Contact Office Phone 

Region 1 

[http://www.epa.gov/region01/govt/tribes/index.html]

Air Ida McDonnell 617-918-1653 

Drinking Water Ellie Kwong 617- 918-1592

Enforcement/Compliance Michael Wagner 617-918-1735 

Pollution Prevention Alex Peck 617-918-3758 

Solid Waste Chuck Franks 617- 918-1554

Source Water Ted Lavery 617-918-1683 

Toxics Jim Bryson 617-918-1524 

George Frantz 617-918-1883 Tribal Contact 

Jean Crocker 617-918-1498 

Underground Injection Control David Delaney 617-918-1618 

Region 2 

[http://www.epa.gov/Region2/nations/index.html]

Air Gavin Lau 212-637-3715 

Drinking Water, Source Water Gerard McKenna 212-637-3838 

Enforcement/Compliance, 

Underground Injection Control Rebecca Jamison 212-637-3948 

Indian Coordinator Christine Yost 212-637-3564 

Pollution Prevention Tristan Gillespie 212-637-3753 

Lorraine Graves 212-637-4099 Solid Waste 

Garrett Smith 860-678-0437 

Region 3 

 No Federally-recognized Indian Tribes

Region 4 

[http://www.epa.gov/region4/indian/contacts.htm]

Air Gracy Danois 404-562-9119 

404-562-9124 

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April 2007 www.epa.gov/compliance/tribal/resources Appendix B: page 2 

Contact Office Phone 

Drinking Water Chris Thomas 404-562-9459 

Pollution Prevention/Toxics Dan Ahern 404-562-9028 

Regional Tribal Coordinator Bill Patton 404-562-8632 

Solid Waste Davy Simonson 404-562-8457 

Source Water Natalie Ellington 404-562-9453 

Toxics Roseanne Rudd 404-562-8998 

Tribal Lead Region Coordinator Dan O’Lone 404-562-9434 

Underground Injection Control Robert Olive 404-562-9423 

Region 5 

[http://www.epa.gov/Region5/tribes/]

Air Benjamin Giwojna 312-883-0247-

Brownfields Programs Jane Neumann 

Kelley Moore 

312-353-0123 

312-886-3598 

Contaminated Site Response Jane Neumann 

Report a Spill 

312-353-0123 

800-424-8802 

Director, Indian Environmental Office Luke Jones 312-353-2087 

Drinking Water Mary Morgan 312- 886-6201

Emergency Preparedness & Prevention Glenn Cekus 312-353-6449 

Enforcement/Compliance Andrew Anderson 312-353-9681 

NPDES John Colletti 312-886-6106 

Oil Pollution Beverly Kush 

Report a Spill 

312-353-8200 

800-424-8802 

Pollution Prevention & Solid Waste Dolly Tong 312-886-1019 

Source Water Jan Bartlett 312-886-5438 

Stormwater Brian Bell 312-886-0981 

Toxics Emma Avant 312-886-7899 

Tribal Site Response Programs Kelley Moore 312-886-3598 

Underground Injection Control John Taylor 

Ross Micham 

312-886-4299 

312-886-4237 

Water Program Dan Cozza 

David Horak 

312-886-7252 

312-353-4306 

Region 6 

[http://epa.gov/region6/6dra/ejtribal/tribal/index.htm]

Air Elizabeth Braziel 214-665-6449 

Drinking Water Arnold Bierschenk 

Chelo Hall 

214-665-7435 

214-665-2716 

Enforcement/Compliance Contact David Bond 214-665-6431 

Hazardous Waste Nick Stone 214-665-7226 

Pollution Prevention Joy Campbell 214-665-8036 

Solid Waste Audray Lincoln 214-665-2239 

Source Water Ken Williams 214-665-7129 

Toxics Jerry Collins 214-665-7562 

Tribal Contact Jonathan Hook 214-665-8069 
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Contact Office Phone 

Underground Injection Control Tyrone Hoskins 214-665-7375 

Region 7 

[http://www.epa.gov/Region7/government_tribal/index.htm]

Air Robert Fenemore 913-551-7745 

Drinking Water Stan Calow 913-551-7410 

Enforcement/Compliance Contact Carol LeValley 913-551-7610 

Indian Coordinator Wolfgang Brandner 913-551-7381 

Pollution Prevention Royan Teter 913-551-7609 

Solid Waste Marcus Rivas 913-551-7669 

Source Water, SWAP/PWSS Grant Stephanie Lindberg 913-551-7423 

Toxics Janice Green 913-551-7139 

Underground Injection Control Kurt Hildebrandt 913-551-7413 

Region 8 

[http://www.epa.gov/region8/tribes/]

Air Michael Copeland 303-312-6010 

Drinking Water Gary Carlson 303-312-6269 

Legal Enforcement Contact David Janik 303-312-6917 

Pollution Prevention Linda Walters 303-312-6385 

Solid Waste Susanna Trujillo 303-312-7008 

Source Water Marcella Hutchinson 303-312-6753 

Technical Enforcement Contact Elisabeth Evans 303-312-6217 

Toxics Dave Combs 303-312-6021 

Tribal Contact Connally Mears 303-312-6343 

Underground Injection Control Douglas Minter 303-312-6079 

Region 9 

[http://www.epa.gov/region09/indian/index.html]

Air Sara Bartholomew 415-947-4100 

Associate Director Tribal Program Program Clancy Tenley 415-972-3785 

Drinking Water - Southern California Helen McKinley 415-972-3559 

Drinking Water - Eastern Arizona Danny Collier 415-972-3565 

Drinking Water - Hopi, Tohono O’Odham Bessie Lee 415-972-3776 

Drinking Water - Navajo Brian Smith 415-972-3580 

Drinking Water - Nevada, Owens 

Valley/Northern California Roger Yates 415-972-3549 

Drinking Water - Western Arizona & Lower 

Colorado River Karl Banks 415-972-3557 

Enforcement and Compliance Pamela Overman 415-972-3781 

John Katz 415-972-3283 Pollution Prevention 

Jessica Counts 415-972-3288 

Solid and Hazardous Waste 

Underground Storage Tanks Wenona Wilson 415-972-3239 

Solid Waste - Arizona and Nevada Heather White 415-972-3384 
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Contact Office Phone 

Solid Waste - Northern California Kelly Doordan 415-972-3380 

Solid Waste - Southern California Caleb Shaffer 415-972-3336 

Jamelya Curtis 415-972-3529 Source Water 

Kate Rao 415-972-3533 

Toxics David Tomsovic 415-972-3858 

Underground Injection Control Eric Byous 415-972-3531 

Region 10 

[http://yosemite.epa.gov/r10/tribal.NSF]

Doug Cole 206-553-5764 Air 

Mary Manous 206-553-1059 

Drinking Water Craig Paulsen 206-553-4350 

Enforcement/Compliance Donald Dossett 206-553-1783 

Fran Stefan 206-553-6639 

Nina Kocourek 206-553-6502 

Al Latourette 206-553-8202 

Kristin Hall 206-553-6357 

Domenic Calabro 206-553-6640 

Tim Hamlin 206-553-1563 

Joe Sarcone 907-271-1316 

Solid Waste 

Santina Gay 907-271-3413 

Source Water Jennifer Parker 206-553-1900 

Toxics/Pollution Prevention Fran Stefan 206-553-6639 

Tribal Contact Tim Hamlin 206-553-1563 

Underground Injection Control Katherine Holt 206-553-2901 

EPA Headquarters Tribal Contacts 

Contact Phone 

American Indian Environmental Office 

Carol Jorgensen, Director [http://www.epa.gov/indian/] 202-564-0303 

Gary Hudiburg, Deputy Director 202-564-0626 

Jeff Besougloff, Senior Policy Advisor 202-564-0292 

Edna Silver, Administrative Assistant 202-564-0286 

Dianne Briggs, Associate Director (Tribal Operations Staff) 202-564-0279 

Chris Hoff, Associate Director (Tribal Policy and Partnerships Staff) 202-564-5238 

Office of Enforcement and Compliance Assurance 

Jonathan Binder, Program Manager [http://www.epa.gov/compliance/tribal/] 202-564-2516 

Mary Andrews, Office of Regulatory Enforcement 202-564-4011 

Robert Hargrove, Office of Federal Activities 202-564-7157 

Danny Gogal, Office of Environmental Justice 202-564-2576 

Melanie Garvey, Federal Facilities Enforcement Office 202-564-2579 

John (Jack) Neylan, Office of Compliance, Agriculture 202-564-5033 
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Contact Phone 

Vernon Jackson, Office of Criminal Enforcement 202-564-1506 

Doug Dixon, Office of Site Remediation & Enforcement 202-564-4232 

Jeff Lightner, National Enforcement Training Institute 303-236-6782 

Office of Prevention, Pesticides, and Toxic Substances 

Larry Watkins, Program Manager 

[http://www.epa.gov/oppts/pubs/tribal/index.htm] 202-564-2096 

Mary Lauterbach, Office of Pollution Prevention and Toxics 202-564-8821 

Ronald J. Kendall, Office of Pesticide Programs 703-305-5561 

Office of Solid Waste & Emergency Response 

Felicia Wright, Coordinator [http://www.epa.gov/epaoswer/nonhw/tribal/index.htm] 202-566-1886 

Charles Reddoor, Solid & Hazardous Waste 

[http://www.epa.gov/tribalmsw/] 703-308-8245 

Janice Johnson, Office of Solid Waste / MISWD 703-308-7280 

Tonya Hawkins, Office of Solid Waste / MISWD 703-308-8278 

Denise Roy, Office of Solid Waste / MISWD 703-308-8458 

Jennifer Wilbur, Brownfields [http://www.epa.gov/swerosps/bf/index.html] 703-603-8851 

Robert Myers, Superfund [http://www.epa.gov/superfund/index.htm] 202-566-2756 

William “Nick” Nichols, Emergency Management [http://www.epa.gov/oem/] 202-564-1970 

William Lienesch, Underground Storage Tanks [http://www.epa.gov/OUST/] 703-603-7162 

Renee Wynn, Federal Facility Restoration and Reuse 

[http://www.epa.gov/swerffrr/] 703-603-0049 

Office of Research and Development 

Monica Rodia, Program Manager [http://www.epa.gov/osp/tribes.htm] 202-564-8322 

Office of Air and Radiation 

Darrel Harmon, Senior, Tribal Manager [http://www.epa.gov/air/tribal/] 202-564-7416 

Julie McClintock, OAQPS Tribal Programs 919-541-5339 

Office of General Counsel 

Tod Siegel, Program Manager 202-564-5552 

Joe Edgell 202-564-5514 

David Coursen 202-564-0781 

Office of the Chief Financial Officer 

Drusilla Yorke, Program Manager [http://www.epa.gov/ocfo/] 202-564-7553 

Office of Administration and Resources Management 

Glen Langlois, Program Manager [http://www.epa.gov/ogd/index.htm] 202-564-5084 

Laura McKelvey, OAQPS Community and Tribal Programs Manager 919-541-5497 

Dennis O’Connor, Senior Advisor, Office of Radiation and Indoor Air 202-343-9213 

Erika Wilson, Tribal Coordinator, Office of Atmospheric Programs 202-343-9113 

Office of Environmental Information 

Lorena Romero-Cedeno, Program Coordinator [http://www.epa.gov/oei/] 202-566-0978 
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Contact Phone 

Julie Kocher, Tribal Information Management System 202-566-0710 

Cassandra Vail, Toxic Release Inventory 202-566-0753 

Mary Greene, Information Exchange Network 202-566-1634 

Office of International Affairs 

Pete Christich, Program Manager 202-564-6404 

Office of Water 

Karen Rudek, Program Manager [http://www.epa.gov/OW/index.html] 202-564-0472 

Elin Betanzo, Safe Drinking Water Act 202-564-2811 

Racquel Stephenson, Safe Drinking Water Act 

[http://www.epa.gov/safewater/index.html] 202-564-1807 

Andrea Matzke, Clean Water Act, Section 319 Nonpoint Source 

[http://www.epa.gov/safewater/index.html] 202-564-1150 

Adriana Hochberg, Clean Water Indian Set-Aside Program 202-564-0691 

Nizanna Bathersfield, Water Permits Division 202-564-2258 

Otto Gutenson, Clean Water Act Tribal 106 Program 202-564-1183 

Kathleen Kutschenreute, Wetlands, Oceans, and Watersheds 202-566-1383 

Gul Beg, Wastewater Management 202-564-0586 

Marjorie Copeland, Source Water 202-564-3876 

Frances Desselle, Science and Technology 202-564-0375 

Jeff Jollie, Underground Injection Control 

[http://www.epa.gov/safewater/uic/tribal.html] 202-564-3886 

Fred Leutner, Water Quality Standards 202-566-0378 
Sector Notebook Project Profile of Tribal Governement Operations 

Appendix C 

APPENDIX C. EPA POLICY FOR THE ADMINISTRATION OF ENVIRONMENTAL 

PROGRAMS ON INDIAN RESERVATIONS (NOVEMBER, 8, 1984)

INTRODUCTION

The President published a Federal Indian Policy on January 24, 1983, supporting the primary 

role of Tribal Governments in matters affecting American Indian reservations. That policy 

stressed two related themes: (l) that the Federal Government will pursue the principle of Indian” 

self-government” and (2) that it will work directly with Tribal Governments on a “governmentto-government” basis. 

The Environmental Protection Agency (EPA) has previously issued general statements of policy 

which recognize the importance of Tribal Governments in regulatory activities that impact 

reservation environments. It is the purpose of this statement to consolidate and expand on 

existing EPA Indian Policy statements in a manner consistent with the overall Federal position in 

support of Tribal “self-government” and “government-to-governments” relations between federal 

and Tribal Governments. This statement sets forth the principles that will guide the Agency in 

dealing with Tribal Governments and in responding to the problems of environmental 

management on American Indian reservations in order to protect human health and the 

environment. The Policy is intended to provide guidance for EPA program managers in the 

conduct of the Agency’s congressionally mandated responsibilities. As such, it applies to EPA 

only and does not articulate policy for other Agencies in the conduct of their respective 

responsibilities. 

It is important to emphasize that the implementation of regulatory programs which will realize 

these principles on Indian Reservations cannot be accomplished immediately. Effective 

implementation will take careful and conscientious work by EPA, the Tribes and many others. In 

many cases, it will require changes in applicable statutory authorities and regulations. It will be 

necessary to proceed in a carefully phased way, to learn from successes and failures, and to gain 

experience. Nonetheless, by beginning work on the priority problems that exist now and 

continuing in the direction established under these principles, over time we can significantly 

enhance environmental quality on reservation lands. 

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POLICY

In carrying out our responsibilities on Indian reservations, the fundamental objective of the 

Environmental Protection Agency is to protect human health and the environment. The keynote 

of this effort will be to give special consideration to Tribal interests in making Agency policy, 

and to ensure the close involvement of Tribal Governments in making decisions and managing 

environmental programs affecting reservation lands. To meet this objective, the Agency will 

pursue the following principles: 

 The Agency Stands Ready to Work Directly with Indian Tribal Governments on a 

One-to-one Basis (The “Government-to-Government” Relationship), Rather than as 

Subdivisions of Other Governments. 

EPA recognizes Tribal Governments as sovereign entities with primary authority and 

responsibility for the reservation populace. Accordingly, EPA will work directly with 

Tribal Governments as the independent authority for reservation affairs, and not as political 

subdivisions of States or other governmental units. 

 The Agency Will Recognize Tribal Governments as the Primary Parties for Setting 

Standards, Making Environmental Policy Decisions and Managing Programs for 

Reservations, Consistent with Agency Standards and Regulations. 

In keeping with the principle of Indian self-government, the Agency will view Tribal 

Governments as the appropriate non-federal parties for making decisions and carrying out 

program responsibilities affecting Indian reservations, their environments, and the health 

and welfare of the reservation populace. Just as EPA’s deliberations and activities have 

traditionally involved the interests and/or participation of State Governments, EPA will 

look directly to Tribal Governments to play this lead role for matters affecting reservation 

environments. 

 The Agency Will Take Affirmative Steps to Encourage and Assist Tribes in Assuming 

Regulatory and Program Management Responsibilities for Reservation Lands. 

The Agency will assist interested Tribal Governments in developing programs and in 

preparing to assume regulatory and program management responsibilities for reservation 

lands. Within the constraints of EPA’s authority and resources, this aid will include 

providing grants and other assistance to Tribes, similar to what we provide State 

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Governments. The Agency will encourage Tribes to assume delegable responsibilities, (i.e. 

responsibilities which the Agency has traditionally delegated to State Governments for nonreservation lands) under terms similar to those governing delegations to States. 

Until Tribal Governments are willing and able to assume full responsibility for delegable 

programs, the Agency will retain responsibility for managing programs for reservations 

(unless the State has an expressed grant of jurisdiction from Congress sufficient to support 

delegation to the State Government). Where EPA retains such responsibility, the Agency 

will encourage the Tribe to participate in policy-making and to assume appropriate lesser or 

partial roles in the management of reservation programs. 

 The Agency Will Take Appropriate Steps to Remove Existing Legal and Procedural 

Impediments to Working Directly and Effectively with Tribal Governments on 

Reservation Programs. 

A number of serious constraints and uncertainties in the language of our statutes and 

regulations have limited our ability to work directly and effectively with Tribal 

Governments on reservation problems. As impediments in our procedures, regulations or 

statutes are identified which limit our ability to work effectively with Tribes consistent with 

this Policy, we will seek to remove those impediments. 

 The Agency, in Keeping with the Federal Trust Responsibility, Will Assure That 

Tribal Concerns and Interests Are Considered Whenever EPA’s Actions And/or 

Decisions May Affect Reservation Environments. 

EPA recognizes that a trust responsibility derives from the historical relationship between 

the Federal Government and Indian Tribes as expressed in certain treaties and Federal 

Indian Law. In keeping with that trust responsibility, the Agency will endeavor to protect 

the environmental interests of Indian Tribes when carrying out its responsibilities that may 

affect the reservations. 

 The Agency Will Encourage Cooperation Between Tribal, State and Local 

Governments to Resolve Environmental Problems of Mutual Concern. 

Sound environmental planning and management require the cooperation and mutual 

consideration of neighboring governments, whether those governments be neighboring 

States, Tribes, or local units of government. Accordingly, EPA will encourage early 

communication and cooperation among Tribes, States and local Governments. This is not 

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intended to lend Federal support to any one party to the jeopardy of the interests of the 

other. Rather, it recognizes that in the field of environmental regulation, problems are often 

shared and the principle of comity between equals and neighbors often serves the best 

interests of both. 

 The Agency Will Work with Other Federal Agencies Which Have Related 

Responsibilities on Indian Reservation to Enlist Their Interest and Support in 

Cooperative Efforts to Help Tribes Assume Environmental Program Responsibilities 

for Reservations. 

EPA will seek and promote cooperation between Federal agencies to protect human health 

and the environment on reservations. We will work with other agencies to clearly identify 

and delineate the roles, responsibilities and relationships of our respective organizations and 

to assist Tribes in developing and managing environmental programs for reservation lands. 

 The Agency Will Strive to Assure Compliance with Environmental Statutes and 

Regulations on Indian Reservations. 

In those cases where facilities owned or managed by Tribal Governments are not in 

compliance with federal environmental statutes, EPA will work cooperatively with Tribal 

leadership to develop means to achieve compliance, providing technical support and 

consultation as necessary to enable Tribal facilities to comply. Because of the distinct status 

of Indian Tribes and the complex legal issues involved, direct EPA action through the 

judicial or administrative process will be considered where the Agency determines, in its 

judgment, that: (l) a significant threat to human health or the environment exists, (2) such 

action would reasonably be expected to achieve effective results in a timely manner, and (3) 

the Federal Government cannot utilize other alternatives to correct the problem in a timely 

fashion. 

In those cases where reservation facilities are clearly owned or managed by private parties 

and there is no substantial Tribal interest or control involved, the Agency will endeavor to 

act in cooperation with the affected Tribal Government, but will otherwise respond to 

noncompliance by private parties on Indian reservations as the Agency would to 

noncompliance by the private sector elsewhere in the country. When the Tribe has a 

substantial proprietary interest in, or control over, the privately owned or managed facility, 

EPA will respond as described in the first paragraph above. 

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 The Agency Will Incorporate These Indian Policy Goals into its Planning and 

Management Activities Including its Budget, Operating Guidance, Legislative 

Initiatives, Management Accountability System and Ongoing Policy and Regulation 

Development Processes. 

It is a central purpose of this effort to ensure that the principles of this Policy are effectively 

institutionalized by incorporating them into the Agency’s ongoing and long-term planning and 

management processes. Agency managers will include specific programmatic actions designed 

to resolve problems on Indian reservations in the Agency’s existing fiscal year and long-term 

planning and management processes. 

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Appendix D 

APPENDIX D. ENVIRONMENTAL ORGANIZATIONS GUIDE

This appendix lists many of the organizations that the EPA Indian Program works with in 

various capacities. These organizations are categorized into two types: National/Regional 

Indian organizations and National/Regional EPA organizations. There are over 150 tribal 

organizations throughout the country that address environmental and natural resource issues. 

The section on National/Regional Indian organizations is an illustrative selection of some of 

these organizations. The National/Regional EPA Organizations are those groups that have been 

established by EPA to serve as work groups or advisory groups. 

NATIONAL/REGIONAL INDIAN ORGANIZATIONS

Affiliated Tribes of Northwest Indians Midwest Treaty Network 

Alaska Inter-Tribal Council Midwest Tribal Aquaculture Network 

American Indian Science and Engineering Society Mni Sose Intertribal Water Rights Coalition 

California Indian Basketweavers Association National Congress of American Indians 

Chippewa Ottawa Resource Authority National Indian Health Board 

Columbia River Inter-Tribal Fish Commission National Indian Justice Center 

Council of Energy Resource Tribes National Tribal Environmental Council 

Great Lakes Indian Fish and Wildlife Commission Native American Fish & Wildlife Society 

Haudenosaunee Environmental Task Force Native American Rights Fund 

Indigenous Environmental Network Native American Water Association 

Institute for Tribal Environmental Professionals Northwest Indian Applied Research Institute 

Inter Tribal Council of Arizona Northwest Indian Fisheries Commission 

Intertribal Agriculture Council The National Tribal Air Association 

Intertribal Bison Cooperative Tribal Solid Waste Advisory Network 

Inter-Tribal Council of Michigan United South and Eastern Tribes 

Inter-Tribal Environmental Council of Oklahoma Western Regional Air Partnership 

Intertribal Timber Council Yukon River Inter-Tribal Watershed Council 

Midwest Alliance of Sovereign Tribes 

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NATIONAL/REGIONAL EPA ORGANIZATIONS

American Indian Advisory Council (AIAC) 

Forum on State and Tribal Toxics Action 

National Environmental Justice Advisory Council (NEJAC) Indigenous Peoples Subcommittee 

National Pollution Prevention & Toxics 

 Advisory Committee (NPPTAC) 

Regional Tribal Operations Committee (RTOC) 

Tribal Operations Committee (TOC) 

Tribal Pesticide Program Council (TPPC) 

Tribal Science Council (TSC) 

NATIONAL/REGIONAL INDIAN ORGANIZATIONS

Affiliated Tribes of Northwest Indians 

In 1953 tribal leaders in the Northwest formed the ATNI, and dedicated it to tribal sovereignty 

and self-determination. Today, ATNI is a nonprofit organization representing northwest tribal 

governments from Oregon, Idaho, Washington, southeast Alaska, Northern California and 

Western Montana. ATNI is an organization whose foundation is composed of the people it is 

meant to serve -- the Indian peoples. Representatives from the member tribes set the policy and 

direction through committees by way of resolutions during yearly meetings. For more 

information, visit the Affiliated Tribes of Northwest Indians Web site [http://www.atnitribes.org/] or 

call (503) 249-5770. Membership: 55 Tribes 

Alaska Inter-Tribal Council 

AITC is a statewide, tribally governed non-profit organization that advocates in support of tribal 

governments throughout the state. AITC promotes indigenous self-determination by providing 

technical assistance to tribal governments, facilitating inter-governmental and inter-agency 

communication and collaboration, offering public education regarding Alaska Native cultures 

and tribal governments, and advocating on behalf of tribal initiatives and self-governance. For 

more information, visit the Alaska Inter-Tribal Council Web site [http://www.aitc.org/] or call (907) 

563-9334. Membership: 231 Tribes. 

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American Indian Science and Engineering Society 

AISES is a private, nonprofit organization that nurtures building of community by bridging 

science and technology with traditional native values. For more information, visit the American 

Indican Science and Engineering Society Web site [http://www.aises.org/] or call (505) 765-1052 

California Indian Basketweavers Association 

CIBA’s mission is to preserve, promote, and perpetuate California Indian basketweaving 

traditions while providing a healthy physical, social, spiritual, and economic environment for 

basketweavers. For more information, visit the California Indian Basketweavers Association 

Web site [http://www.ciba.org/] or call (530) 272-5500. Membership: There are two categories – 

Voting Member - California Indian Descent and practice traditional California Indian basketry 

and Associate Member – Supporters. 

Chippewa Ottawa Resource Authority 

CORA manages and regulates the 1836 treaty fishery for the Bay Mills Indian Community, Sault 

Ste. Marie Tribe of Chippewa Indians, the Grand Traverse Band of Ottawa and Chippewa 

Indians, the Little River Band of Ottawa Indians, and the Little Traverse Bay Bands of Odawa 

Indians. For more information, visit the Chippewa Ottawa Resource Authority Web site 

[http://1836cora.org/] or call (906) 632-0043. Membership: 5 Tribes. 

Columbia River Inter-Tribal Fish Commission 

CRITFC was created in 1977 to coordinate the management and protection of the tribes’ treaty 

fishery resource and to implement the tribes’ fishery policies and objectives in the Columbia 

Basin. CRITFC staff consists primarily of biologists, attorneys, and other professionals who 

provide legal and technical assistance to the tribes on issues relating to protection, enhancement, 

and sustainable use of the fishery resources in the Columbia River Basin. For more information, 

visit the Columbia River Inter-Tribal Fish Commission Web site [http://www.critfc.org/] or call 

(503) 238-0667. Membership: The governing body of CRITFC, the Commission, consists of 

the Fish and Wildlife Committees of Warm Springs, Yakama, Umatilla and Nez Perce Tribes 

located in Oregon, Washington, and Idaho. 

Council of Energy Resource Tribes 

CERT promotes the general welfare of member tribes through the protection, conservation, 

control and prudent management of their oil, coal, natural gas, uranium, and other resources. 

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Activities include giving on-site technical assistance to tribes in energy resource management, 

conducting programs to enhance tribal planning and management capacities, and sponsoring 

workshops. For more information, visit the Council of Energy Resource Tribes Web site 

[http://www.certredearth.com/] or call (303) 282-7576. Membership: 57 tribes in U.S. and Canada 

(4). 

Great Lakes Indian Fish and Wildlife Commission 

GLIFWC provides technical assistance to its 11 member tribes in the conservation and 

management of fish, wildlife, and other natural resources throughout the Great Lakes region, 

thereby ensuring access to traditional pursuits of the Chippewa people. For more information, 

visit the Great Lakes Indian Fish and Wildlife Commission Web site [http://glifwc.org/] or call 

(715) 682-6619. Membership: 9 Tribes. 

Haudenosaunee Environmental Task Force 

HETF is an inter-tribal consortium that addresses environmental matters for the Iroquois 

Confederacy. HETF is composed of delegates (Haudenosaunee leaders, environmental 

technicians, and scientists) chosen by each of the Haudenosaunee Nations. These individuals are 

from the 4 federally recognized nations of Cayuga, Tuscarora, Onondaga, and TonawandaSeneca as well as from the 2 non-federally recognized nations of Mohawk and Oneida and are 

committed to identifying environmental problems in their communities and working to find 

solutions to them. For more information, visit the Haudenosaunee Environmental Task Force 

Web site [http://www.hetfonline.org/] or call (518) 358-3381. Membership: Cayuga, Tuscarora, 

Onondaga, and Tonawanda-Seneca, Mohawk and Oneida Nations. 

Indigenous Environmental Network 

IEN is governed by a national council of indigenous grassroots organizations and individuals. 

The services provided by the IEN National Office include a national clearinghouse on 

environmental issues; a resource and referral network for technical information and fact sheets; 

national/regional/local education on grassroots organizing, training, and strategic development; 

annual conference planning; and information dissemination on indigenous grassroots 

environmental groups and tribal government environmental programs. For more information, 

visit the Indigenous Environmental Network Web site [http://www.ienearth.org/] or call (218) 751-

4967. 

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Institute for Tribal Environmental Professionals 

ITEP was created to act as a catalyst among tribal governments; research and technical resources 

at Northern Arizona University (NAU); various federal, state and local governments; and the 

private sector, in support of environmental protection of Native American natural resources. 

ITEP was established at NAU in 1992, in cooperation with EPA and seeks to assist Indian Tribes 

in the management of their environmental resources through effective training and education 

programs. For more information, visit the Institute for Tribal Environmental Professionals Web 

site [http://www4.nau.edu/itep/] or call (928) 523-9555. 

Intertribal Agriculture Council 

IAC’s mission is to pursue and promote the conservation, development and use of agricultural 

resources in Indian country. For more information, visit the Intertribal Agricultural Council Web 

site [http://www.indianaglink.com/] or call (406) 259-3525. 

Intertribal Bison Cooperative 

ITBC provides technical support to tribal bison management operations and helps tribes acquire, 

and care for bison. The cultural significance of bison to Native Americans is a significant factor 

in the ITBC’s advocacy of tribal management of bison. For more information, visit the 

Intertribal Bison Cooperative Web site [http://www.intertribalbison.com/] or call (605) 394-9730. 

Membership: ITBC has a membership of 42 tribes with a collective herd of over 8,000 bison. 

Inter Tribal Council of Arizona 

The Inter Tribal Council of Arizona was formed in 1953. In 1975 it established the Inter Tribal 

Council of Arizona, Inc. (ITCA) to provide a united effort to promote Indian self-reliance 

through public policy development. ITCA provides an independent capacity to obtain, analyze, 

and disseminate information vital to Indian community development. The 20 member tribes of 

ITCA are the highest elected tribal officials, tribal chairpersons, presidents, and governors. For 

more information, visit the Inter Tribal Council of Arizona Web site [http://www.itcaonline.com/] or 

call (602) 258-4822. Membership: ITCA has a membership of 20 tribes. 

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Inter-Tribal Council of Michigan 

MITC provides a forum for member tribes and advocates for development of programs and 

policies on improvement of economy, education, and quality of life for Michigan native 

Americans. Additionally, MITC provides technical assistance to member tribes including 

development of tribal laws and regulations. For more information, visit the Inter-Tribal Council 

of Michigan Web site in [http://www.itcmi.org/] or call (906) 632-6896. Membership: 12 Tribes. 

Inter-Tribal Environmental Council of Oklahoma 

ITEC was formed in October 1992 by the signing of a Memorandum of Understanding between 

20 Oklahoma tribes and EPA Region 6. Since that time other tribes have joined and the current 

membership includes 36 tribes in Oklahoma, New Mexico, and Texas. ITEC provides 

environmental management for air, land, and water resources to the member tribes. For more 

information, visit the Inter-Tribal Environmental Council of Oklahoma Web site 

[http://www.itecmembers.org/] or call (918) 458-5498. Membership: 36 Tribes. 

Intertribal Timber Council 

ITC advocates the conservation, enhancement and development of tribal timber resources for the 

benefit of tribal members. For more information, visit the Intertribal Timber Council Web site 

[http://www.itcnet.org/] or call (503) 282-4296. Membership: 11 Tribes. 

Midwest Alliance of Sovereign Tribes 

MAST consists of tribes from Wisconsin, Minnesota, Michigan, and Iowa. MAST formed to 

work pro-actively on common political and administrative issues and to advance, protect, 

preserve and enhance their mutual interests, sovereignty, and cultural way of life. For more 

information, visit the MAST Web site [http://www.m-a-s-t.org/] or call (715) 793-4386. 

The Midwest Treaty Network 

MTN was founded in 1989 as an alliance of Indian and non-Indian groups supporting Native 

American sovereignty in the western Great Lakes region. The MTN is works with numerous 

tribes and tribal organizations throughout the region on issues of cultural respect including 

sacred site protection, opposition to spiritual exploitation and cultural trivialization (e.g., Indian 

mascots issues), support for environmental protection and land claims, and building cultural and 

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economic ties between Native and non-Native communities. While founded in the context of the 

Chippewa (Ojibwe) treaty struggle, it is concerned generally with defending and strengthening 

Native cultures and nationhood, protecting Mother Earth, and fighting racism and other forms of 

domination throughout our region. The Network has taken a stand against economic and 

political pressure on indigenous nations to give up their rights. For more information, visit The 

Midwest Treaty Network Web site [http://www.treatyland.com/] or call (715) 833-1777. 

The Midwest Tribal Aquaculture Network 

MTAN is composed of Tribal Fish Hatchery Biologists who are interested in promoting fishrearing techniques for Tribal hatchery programs. The primary means of assisting tribal hatchery 

employees is by sharing information through the organization’s quarterly newsletter. For more 

information, visit The Midwest Tribal Aquaculture Network Web site 

[http://www.fws.gov/midwest/ashland/mtan/mtanhome.html] or call the contacts listed below. 

Contacts: Elizabeth W. Greiff, St. Croix Tribal Natural Resources Department, (715) 349-2195 

Frank G. Stone, US Fish and Wildlife Service Ashland FRO, (715) 682-6185 (ext 202)

Mni Sose Intertribal Water Rights Coalition 

Mni Sose is based in Rapid City, South Dakota and is composed of 23 member tribes in the 

Missouri River Basin. Four other tribes (Crow Creek Sioux Tribe, Oglala Sioux Tribe, Standing 

Rock Sioux Tribe, and Iowa Tribe of Kansas) that are non-members are also located within the 

Missouri River Basin. Mni Sose was formally organized and recognized by the Missouri River 

Basin Indian Tribes in January of 1993. The Coalition’s objectives are to strengthen tribal 

capabilities necessary to manage, control, and protect tribal water resources and to implement 

tribal environmental programs. For more information, visit the Mni Sose Intertribal Water Rights 

Coalition Web site at [http://www.mnisose.org/] or call (605) 343-6054. Membership: 23 Tribes. 

National Congress of American Indians 

NCAI founded in 1944, is the oldest, largest, and most representative national Indian 

organization, serving more than three quarters of the American Indian and Alaska Native 

population. NCAI is organized as a representative congress of consensus on national priority 

issues. NCAI issues and activities include protection of Indian cultural resources and religious 

freedom, promotion of Indian economic opportunity, and support of environmental protection 

and natural resources. Over the past few years, NCAI has passed numerous resolutions 

supporting various environmental issues. For more information, visit the National Congress of 

American Indians Web site [http://www.ncai.org/] or call (202) 466-7767. Membership: 250 

member tribes from throughout the United States. 

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National Indian Health Board 

NIHB represents Tribal Governments operating their own healthcare delivery systems through 

contracting and compacting, as well as those receiving healthcare directly from the Indian Health 

Service (IHS). NIHB advocates on behalf of all Tribal Governments and American 

Indians/Alaska Natives in their efforts to provide quality healthcare. In addition, there are several 

local Area Health Boards that serve as a communication link between the NIHB and the tribes 

and are located across the country. For more information, visit the National Indian Health Board 

Web site [http://www.nihb.org/] or call (202) 742-4262. 

National Indian Justice Center 

NIJC is an Indian owned and operated non-profit corporation established in 1983 through the 

collective efforts of the National American Indian Court Judges Association, the American 

Indian Lawyer Training Program, and the Bureau of Indian Affairs as an independent national 

resource for Native communities and tribal governments. The goals of NIJC are to design and 

deliver legal education, research, and technical assistance programs which seek to improve the 

quality of life for Native communities and the administration of justice in Indian country. NIJC 

has designed and conducted regional trainings, on-site training and conferences for tribal courts, 

tribal government, law enforcement, social services, medical personnel, victim’s assistance 

programs and others on alcohol and substance abuse, alternative dispute resolution, child abuse 

and neglect, domestic violence, Indian youth and family law, juvenile justice, and federal Indian 

law. For more information, visit the National Indian Justice Center [http://nijc.indian.com/] or 

contact NIJC at 5250 Aero Drive, Santa Rosa, CA 95403, (707) 579-5507 or (800) 966-0662, 

Fax: (707) 579-9019, nijc@aol.com. 

The National Tribal Air Association 

NTAA is a membership organization dedicated to advancing air quality management policies 

and programs, consistent with the needs, interest, and unique legal status of American Indian 

Tribes and Alaskan Natives. NTAA is overseen by an Executive Committee comprised of a 

primary and an alternate representative from each EPA Region and Alaska. Principal 

membership--persons who work within the Tribal Environmental Profession and have had a 

resolution/letter of intent submitted by their respective tribal leaders— is open to federally 

recognized Indian tribes. Associate membership is open to individuals and organizations 

interested in protecting tribal air sheds. NTAA services include policy analysis, quarterly 

newsletters, and assistance on key tribal air issues. For more information, visit The National 

Tribal Air Association [http://www.ntaatribalair.org/] or (505) 242-2175, ext. 111. 

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National Tribal Environmental Council 

NTEC was formed in 1992 and is a membership organization dedicated to working with and 

assisting tribes in the protection and preservation of reservation environments. NTEC services 

include environmental technical support, newsletters, updates, federal regulatory and legislative 

summaries, workshops on specific environmental issues, resource clearinghouse and reference 

library, and intergovernmental cooperation. For more information, visit the National Tribal 

Environmental Council Web site [http://www.ntec.org/] or call (505) 242-2175. Membership: 

Membership is available to all federally recognized Indian tribes and associate membership is 

available to individuals and organizations interested in protecting tribal environments. NTEC 

has 182 member tribes. 

Native American Fish & Wildlife Society 

NAFWS exists for the protection, preservation, and enhancement of fish & wildlife resources. 

The Society’s purposes are charitable, educational, scientific, and cultural. For more 

information, visit the Native American Fish & Wildlife Society Web site 

[http://nafws.org/cms/index.php] or call (303) 466-1725. Membership: The Society represents 

professional biologists, natural resource managers, technicians, and conservation law 

enforcement officers. There are currently 224 member tribes. 

Native American Rights Fund 

NARF was formed in 1970 to provide top-quality legal representation to tribes regardless of their 

ability to pay. NARF has represented hundreds of tribes and its work has included the areas of 

tribal cultural preservation, protection of tribal natural resources, promotion of human rights, 

government accountability and development of Indian Law. For more information, visit the 

Native American Rights Fund Web site [http://www.narf.org/] or call (303) 447-8760. 

Native American Water Association 

NAWA works to provide tribal water and wastewater operators, managers, utility commissions 

and tribal leadership with continued training and technical assistance in their goals to strengthen 

tribal sovereignty and self-determination and protect health and environment in Indian Country. 

For more information, visit the Native American Water Association Web site 

[http://www.nawainc.org/] or call (775) 782-6636. 

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Northwest Indian Applied Research Institute 

NIARI’s mission is to serve the interests of the tribes in the area, by applying the principles of 

applied research, putting theory into practice, and making available college and community 

resources to address the needs of Washington State tribes and native people. 

NIARI is associated with Evergreen State College who has a proven history of educational 

service to the tribes. Through development of the Northwest Indian Applied Research Institute, 

the college has made a commitment to the indigenous people of western Washington. The 

Institute expands its services to what Evergreen College offers which allow the college to assist 

local tribes in meeting economic, governance and resource goals. In return, the Institute 

provides additional, real-life learning opportunities for Evergreen students. For more 

information, visit the Northwest Indian Applied Research Institute Web site 

[http://www.evergreen.edu/nwindian/] or call (360) 867-6614. 

Northwest Indian Fisheries Commission 

The Treaty Indian Tribes in Western Washington established the NIFC in 1974 to help them 

manage their fisheries and to provide member tribes a single, unified voice on fishery-related 

issues. The Commission provides informational and educational services, fishery management, 

planning and enhancement support, environmental coordination, and quantitative and technical 

services. For more information, visit the Northwest Indian Fisheries Commission Web site 

[http://www.nwifc.org/] or call (360) 438-1180. Membership: 20 Tribes. 

Tribal Solid Waste Advisory Network 

Founded in 1997, TSWAN is a non-profit alliance of Native American Tribes from throughout 

the Pacific Northwest who strive to make effective and environmentally responsible solid waste 

management a priority on reservations and in tribal communities. One of TSWAN’s primary 

goals is to share technical expertise, information and educational resources, and opportunities 

with one another, as well as providing Tribal perspective to agencies and organizations designing 

waste programs so they are effective in Indian Country. For more information, visit the Tribal 

Solid Waste Advisory Network Web site [http://www.tswan.org/main/main.asp] or call (509) 235-

6007. Membership: 18. 56 Villages under the Association of Village Council President, Bethel, 

Alaska. 

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United South and Eastern Tribes 

USET is an intertribal organization comprised of 23 federally-recognized tribes. The primary 

goals and objectives of USET include the promotion of tribal health, safety, welfare, education, 

economic development, and employment opportunities and the preservation of cultural and 

natural resources. For more information, visit the United South and Eastern Tribes Web site 

[http://www.usetinc.org/] or call (615) 872-7900. Membership: 24 Tribes. 

Western Regional Air Partnership 

WRAP is a collaborative effort of tribal governments, state governments and various federal 

agencies to implement the Grand Canyon Visibility Transport Commission’s recommendations 

and to develop the technical and policy tools needed by western states and tribes to comply with 

the EPA’s regional haze regulations. Other common air quality issues raised by WRAP members 

may also be addressed. 

The Partnership promotes, supports and monitors the implementation of recommendations 

throughout the West. The WRAP is also implementing regional planning processes to improve 

visibility in all Western Class I areas by providing the technical and policy tools needed by states 

and tribes to implement the federal regional haze rule. The WRAP is administered jointly by the 

Western Governors’ Association and the National Tribal Environmental Council. Participation 

is encouraged throughout the Western states and tribes. For more information, visit the Western 

Regional Air Partnership Web site [http://www.wrapair.org/tribal/]. 

Yukon River Inter-Tribal Watershed Council 

Focusing efforts from the headwaters to the mouth of the Yukon River, YRITWC promotes 

environmentally sound use of the land, water, and resources of the fourth largest watershed in 

North America. Federally recognized Tribes in Alaska and First Nations in Canada came 

together in 1997 to promote biodiversity and enhance sustainability in the watershed. For more 

information, visit the Yukon River Inter-Tribal Watershed Council Web site 

[http://www.yritwc.com/] or call (907) 451-2530. Membership: 58 Tribes signed an Accord to 

protect and restore the watershed. 

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NATIONAL/REGIONAL EPA ORGANIZATIONS

American Indian Advisory Council 

AIAC is a Special Emphasis Program Council organized under the Office of Civil Rights. The 

central purpose of AIAC is to serve as an advisory group to the Administrator of EPA to 

recommend actions that address concerns of American Indians in the EPA workforce, and of the 

Indian tribes. Membership is open to all employees of EPA. 

Contact: Secody Hubbard, Office of Civil Rights, (202) 564-7286 

Forum on State and Tribal Toxics Action 

FOSTTA was established in spring of 1991 as a partnership between OPPT and state and tribal 

leaders to increase understanding and improve collaboration on toxics and pollution prevention 

issues among the states, tribes, and EPA. FOSTTA is comprised of members from state and 

tribal communities who have an interest in pollution prevention programs and toxics issues and 

meets three times a year. The FOSTTA Tribal Affairs Project was created in 1997. In 2002, the 

Environmental Council of States (ECOS), in partnership with the National Tribal Environmental 

Council, was awarded a five-year cooperative agreement to manage FOSTTA. For more 

information, visit the FOSTTA Web site [http://www.ecos.org/section/projects/?id=653]. 

Contacts: Margaret Sealey, Environmental Council of the States, (202) 624-3662 

Darlene Harrod, EPA Office of Pollution Prevention and Toxics, (202) 564-8814 

National Environmental Justice Advisory Council (NEJAC) Indigenous Peoples 

Subcommittee 

NEJAC was charted as a Federal Advisory Committee in 1993. The Council has 26 

representatives, including the Designated Federal Officer. The Council is made up of 

representatives from seven key environmental justice constituencies including community-based 

groups, business and industry, academic and educational institutions, tribal governments, state 

and local governments, and nongovernmental organizations. 

The Council has seven subcommittees, one of which is the Indigenous Peoples Subcommittee. 

This Subcommittee has nine members from a diversity of backgrounds, such as tribal 

government, indigenous grassroots groups and environmental organizations, tribal business and 

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industry, academia, and state government. This Subcommittee is primarily focused on reviewing 

Agency actions to address environmental justice and developing recommendations for bringing 

about environmental justice in Indian country. 

Contact: Daniel Gogal, Designated Federal Official, (202) 564-2576 

National Pollution Prevention and Toxics Advisory Committee 

NPPTAC is the national advisory body to provide advice, information and recommendations on 

the overall policy and operation of programs managed by EPA’s Office of Pollution Prevention 

and Toxics, in performing its duties and responsibilities under TSCA and the Pollution 

Prevention Act (PPA). NPPTAC provides a forum for public discussion and the development of 

independent advice to the EPA Administrator by taking advantage of the experience, strengths 

and responsibilities of a broad range of Agency constituents and stakeholders. In addition, 

federal agency representatives or national experts serve as technical advisors to NPPTAC. 

Membership: NPPTAC is composed of fifteen members, with balanced representation from 

industry, non-governmental organizations, states and tribes, academia and other institutions, with 

knowledge and experience with risk management, risk communication, and pollution prevention 

programs. NPPTAC is expected to meet at least three times per year. Technical advisors, while 

not members of the Committee, provide information and advice about their federal agencies' 

policies and positions as needed by the NPPTAC during discussions. The NPPTAC Web site 

[http://www.epa.gov/oppt/npptac/] provides more information. 

Contacts: John Alter, EPA Office of Pollution Prevention and Toxics, (202) 564-8074 

Aresia Williams, EPA Office of Pollution Prevention and Toxics, (202) 564-0308 

Regional Tribal Operations Committees 

The formation of RTOCs at each EPA region with federally recognized tribes is to facilitate 

communications regarding tribal environmental matters within the regions. RTOC and its 

members help the regional offices institutionalize the Agency’s Indian Policy and serve as an 

important liaison on regional and national environmental issues that impact Indian country, 

between Native American tribes, EPA’s Regional Offices, EPA’s national program offices, and 

the Tribal Operations Committee. The RTOC helps maintain open and consistent communication 

among tribes, and between tribes and EPA management. 

Membership: Membership of RTOC varies by Region. Region 2 does not have an RTOC. The 

Indian nations in Region 2 have an annual meeting with EPA senior leaders. 

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Tribal Operations Committee 

In order to improve communications and build stronger partnerships with the tribes, the Agency 

established the Tribal Operations Committee (TOC) in February 1994. The TOC is comprised of 

19 tribal leaders (the Tribal Caucus) and EPA’s Senior Leadership Team, including the 

Administrator, the Deputy Administrator, and the Assistant and Regional Administrators. The 

TOC is co-chaired by the EPA Administrator and the Chairperson of the TOC Tribal Caucus. 

The TOC meets on a regular basis to discuss implementation of the environmental protection 

programs for which EPA and the tribes share responsibility as co-regulators. All tribes are 

encouraged to communicate with the members of the TOC Tribal Caucus. Although the TOC is 

an important and effective vehicle for enhancing communications between EPA and the tribes, it 

is not a substitute for Agency consultation with individual tribes in accordance with the 

Administration policy of working with Indian tribes on a government-to-government basis. 

Membership: 19 TOC members from nine EPA regions. Region 1, Region 2, & Regions 4-10 

Chairman: Calvin E. Murphy, R4, Eastern Band of Cherokee Indians - Qualla Boundary. P.O. 

Box 547, Cherokee, NC 28719. Phone: (828) 497-1839 

Vice Chair: Nat Nutongla, R9, Hopi Tribe, Main Street, P.O. Box 123, Kykotsmovi, AZ 86039. 

Phone: (928) 734-3711 

Secretary: Felix Kitto, R7, Santee Sioux Tribe of Nebraska, 52948 Highway 12, Niobrara, 

Nebraska 68760. Phone: (402) 857-3338 

EPA Contact: Carol Jorgensen, Director, American Indian Environmental Office (AIEO). Phone: 

(202) 564-0303 

Tribal Pesticide Program Council 

EPA’s Office of Pesticide Programs (OPP) Tribal Program organized the TPPC in late 1999. 

TPPC is a tribal technical resource and program and policy dialogue and development group, 

focused on pesticide issues and concerns. It meets twice a year and provides a vehicle through 

which tribes can voice opinions on national pesticide policies and raise tribal pesticide issues to 

federal attention. The TPPC is a strong partner with the EPA to ensure that tribes will continue 

to provide a major impetus for the long-term strategic direction taken by the Office of 

Prevention, Pesticide, and Toxic Substances (OPPTS) Tribal Program as it strives to build tribal 

capacity and produce an Agency pesticide strategy that is responsive to tribal needs and 

concerns. In addition, the TPPC serves as a technical resource pool for tribes in Indian country. 

Membership: The TPPC is composed of authorized representatives from federally recognized 

tribes and Indian nations and intertribal organizations. Authorization must be in writing by a 

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letter from either the Tribal Chairperson or a letter or resolution from the Tribal Council or 

similar governing body. At this time there are 42 authorized representatives, including some 

authorized alternates. Thirty-two tribes or Indian nations have authorized representatives. 

Contacts: The Authorized Representative is the elected TPPC Chairperson. 

Irving Provost, Director of Pesticide Enforcement for the Oglala Sioux Tribe, (605) 867-5624 

The Administrative Contact is the Coordinator of the TPPC. 

Lillian A. Wilmore of Native Ecology Initiative, (617) 232-5742 

Tribal Science Council 

TSC provides a forum for interaction between Tribal and Agency representatives of mutual 

benefit and responsibility to work collaboratively on environmental scientific issues. 

Membership: Membership in the TSC consists of a single tribal representative from each of the 

nine EPA Regions with federally recognized tribes, an additional tribal representative designated 

in Region 10 to represent Alaska Native communities, and a single Agency representative from 

each Headquarters program office and region. Agency representatives are designated by 

Assistant Administrators from the EPA program office and regions. Tribal representatives are 

nominated by their Regional Tribal Operations Committees through the National Tribal 

Operations Committee. 

Executive Secretary: Claudia Walters, EPA Office of Research & Development, (202) 564-6762 

Officers: David Nelson, Cheyenne River Sioux Tribe, Co-Chair, (605) 964-6558 

Roland Hemmett, EPA Region 2, Co-Chair, (732) 321-6755 

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Appendix E 

APPENDIX E. COMPLIANCE AND TECHNICAL ASSISTANCE RESOURCES 

This appendix provides information on federal and non-federal compliance assistance resources 

for tribes and tribal operations. This chapter highlights and briefly describes the range of 

resources available. This resource list is not exhaustive. 

GENERAL COMPLIANCE AND TECHNICAL ASSISTANCE MATERIAL

 Tribal Environmental and Natural Resource Assistance Handbook

[http://www.epa.gov/indian/pdfs/tribook.pdf] provides information on federal sources of both 

technical and financial assistance related to environmental management. 

 Everything You Wanted to Know About Environmental Regulations...But Were Afraid to 

Ask offers brief, clear information on many topics and identifies where tribes can turn for 

in-depth information and assistance. Contact: EPA Region 7, Elizabeth Wendt at 

wendt.elizabeth@epa.gov

TRAINING – GENERAL 

 EPA’s National Enforcement Training Institute (NETI) trains federal, state, tribal, and 

local lawyers, inspectors, civil and criminal investigators, and technical experts in the 

enforcement of the Nation’s environmental laws. NETI provides a comprehensive and 

integrated approach to training in which enforcement and compliance personnel are trained 

in a range of specialities in order to work together more effectively as a team. The 

Government Training, National Enforcement Training Institute Web site 

[http://www.epa.gov/compliance/training/neti/index.html] provides more information. 

 Emergency Management Framework for Tribal Governments courses offered by the 

Federal Emergency Management Agency to tribal members who have emergency 

management responsibilities. The Tribal Information page of the FEMA Web site 

[http://www.fema.gov/government/tribal/index.shtm] provides more information. 

 EPA’s Working Effectively with Tribal Governments Training is designed to increase EPA 

staff understanding of tribal legal and cultural issues, acquaint EPA staff with the EPA 

Indian policy and its place in the management of environmental programs, and provide 

suggestions and practical tips for EPA staff members who work with tribes. EPA’s Tribal 

Training Materials page of the American Indian Environmental Office Web site 

[http://www.epa.gov/indian/resource/intro.htm] provides more information. 

 EPA’s Resource Guide [http://www.epa.gov/indian/resource/intro.htm] is a comprehensive source 

of information presented in the Working Effectively with Tribal Governments training 

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modules. It can be viewed or printed out by chapter and contains links to related documents 

posted on the Internet. 

 Western Community Policing Center’s Tribal Training Program

[http://www.tribaltraining.com/training_tribal_.php] promotes safe, healthy, and stable Indian 

reservation communities by providing tribal justice systems with the funding and technical 

assistance necessary to effectively reduce crime and administer justice. 

 Agency for Toxic Substances and Disease Registry (ATSDR) Tribal Environmental Health 

Education Program [http://www.atsdr.cdc.gov/tribal/docs/finalfactsheet_2page.pdf] provides 

resources for tribal health professionals to identify, prevent, and respond to health issues 

related to environmental contamination. 

 Training Tribal Environmental Professionals: Using a Project, Not a Projector [by P. 

Ellsworth, et al.,] offers training that is sensitive to the vast cultural heritage of Native 

Americans. 

 EPA’s Grant Writing Tutorial [http://www.purdue.edu/dp/envirosoft/grants/src/msieopen.htm] is 

interactive software that walks users through the grant-writing process and helps them learn 

to write more competitive grants. The program includes detailed information and tips on 

writing a grant proposal, how to complete a grant application package, and programspecific sections on three EPA grant programs: environmental justice, environmental justice 

through pollution prevention, and environmental education. 

 Cherokee Nation Geographic Information System Training Program is for tribal mapmaking professionals and those interested in learning more about tribal mapping methods 

and GIS technology. Contact Laura Harjo at (800) 256-0671, ext. 2421, or mailto:gisinfo@cherokee.org. 

COMPLIANCE ASSISTANCE CENTERS 

 Each Compliance Assistance Center [http://www.assistancecenters.net/] addresses real world 

issues faced by a specific industry or government sector. The Centers deliver information 

in many forms: Web sites, telephone assistance lines, fax-back systems, and e-mail 

discussion groups. The Centers help tribes understand an array of environmental 

requirements, and offers information on how to save money by preventing pollution in the 

first place. 

 CCAR-GreenLink® [http://www.ccar-greenlink.org/], the National Automotive Environmental 

Compliance Assistance Center helps persons engaged in automotive service, collision 

repair and other sectors of the automotive industry better understand their environmental 

responsibilities, and to help them achieve compliance with environmental program 

requirements. 

 ChemAlliance [http://www.chemalliance.org/] offers regulatory information for the chemical 

process industries. 

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 Printers’ National Environmental Assistance Center [http://www.pneac.org/] is a direct 

conduit to experts and reliable information on environmental issues related to the printing, 

publishing and packaging industry. 

 Transportation Center [http://www.transource.org/] offers simple environmental solutions for 

the transportation industry. 

 The Paint and Coatings Resource Center [http://www.paintcenter.org/] delivers regulatory and 

pollution prevention information, either directly to businesses engaged in painting and 

coating or indirectly through the technical assistance community. 

 National Metal Finishing Center [http://www.nmfrc.org/] is a comprehensive environmental, 

technical, and pollution prevention resource for the metal finishing industry. Key features 

include: a searchable technical database; compliance assistance tools, including full text 

regulations and interpretations from EPA and other entities; specifications (with index) 

used in metal finishing; shop, supplier, and people directories; interactive features to obtain 

reliable information from industry experts; and on-line calculators designed for finishing 

needs. 

 The Printing and Wiring Board Resource Center [http://www.pwbrc.org/] provides easy-touse, in-depth technical information on pollution prevention and regulatory compliance. 

 FedCenter [http://www.fedcenter.gov/] is a virtual compliance assistance center providing 

information on environmental regulations, pollution prevention, and policies affecting 

federal agencies. 

 The Local Government Environmental Assistance Network [http://www.lgean.com/] provides 

environmental management, planning, funding, and regulatory information for local 

government elected and appointed officials, managers and staff. LGEAN enables local 

officials to interact with their peers and others online. In an effort to reach all local 

governments, LGEAN also manages a toll-free telephone service ((877) 865-4326). 

 Environmental Compliance for Automotive Recyclers [http://www.ecarcenter.org/] is designed 

for automotive recycling facilities that are subject to federal, state and local environmental 

laws. The ECAR Tour is designed to provide a state-by-state breakdown of the 

requirements that apply specifically to industry activities. 

 Construction Industry Compliance Assistance Center [http://www.cicacenter.org/] is a place to 

find plain language explanations of environmental rules for the construction industry. The 

Center also provides links to detailed information, including state regulations and other 

resources. 

 The Border Compliance Assistance Center [http://www.bordercenter.org/] provides information 

related to transporting cargo from Mexico into the United States, with special attention to 

solid and hazardous wastes. The Center provides information to help you from start to 

finish, including: packing and labeling your load; preparing paperwork and keeping 

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records; procedures at ports of entry; rules for travel on different highways in different 

states; and delivering your load. 

WASTE ISSUES IN INDIAN COUNTRY

 Waste Management in Indian Country [http://www.epa.gov/tribalmsw/] provides waste 

management information and links to related sites. 

SOLID WASTE MATERIAL

 Waste Management in Indian Country, Publications [http://www.epa.gov/epaoswer/nonhw/tribal/resource.htm] provides related publications, highlights and information about grants, 

regulations, case studies, and education. 

 Tribal Decision Makers Guide to Solid Waste Management, November 2003 

[http://www.epa.gov/epaoswer/non-hw/tribal/resource.htm - dmg/] provides an overview of tribal 

management of solid waste. Chapters can be downloaded individually or the document can 

be accessed in its entirety. 

 Decision Maker's Guide to Solid Waste Management [http://www.epa.gov/epaoswer/nonhw/muncpl/dmg2.htm] provides an informative guide for those who practice waste 

management. It contains both technical and economic information to help practitioners 

reduce waste and integrate waste management systems. 

 Criteria for Solid Waste Disposal Facilities: A Guide for Owners and Operators

[http://www.epa.gov/epaoswer/non-hw/muncpl/criteria.htm] provides a link to the booklet. 

 Guide for Initiating Solid Waste Management Planning on Indian Lands, for more 

information, contact Faith Williams, DOI, BIA. 

 Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian Country, 

Draft Guidance [http://www.epa.gov/epaoswer/non-hw/tribal/regs.htm] can be found on EPA’s 

Regulations and Standards page of the Waste Management in Indian Country Web site. 

 Source Reduction Program Potential Manual: A Planning Tool 

[http://www.epa.gov/epaoswer/non-hw/reduce/source.pdf] is a manual that provides information 

concerning the impact of a number of source reduction options. 

 State and Tribal Implementation Rule discusses the process through which tribes may seek 

approval of tribal permit programs for MSWLFs to ensure that the landfills comply with the 

federal criteria. The document explains EPA procedures for evaluating tribal permit 

programs for solid waste landfills and provides a detailed description of the components of 

the application and approval process. Document Number: EPA530-F-95-028. Contact 

EPA’s Office of Solid Waste and Emergency Response, RCRA Information Center at (800) 

424-9346 or mailto:rcra-docket@epamail.epa.gov

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 Open Dump Cleanup Project Helps Tribes Fight Waste [http://www.epa.gov/epaoswer/nonhw/tribal/pdftxt/opendump.pdf] is a document that provides information and case studies to help 

tribes with waste management issues. 

 Waste Reduction Tips for Hotels and Casinos in Indian Country

[http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/casinotips.pdf] is a document that provides 

information and case studies to help tribes with waste management issues specifically 

concerning tribally owned hotels, motels, resorts, casinos and bingo halls. 

 Training and Technical Assistance Directory for Tribal Solid Waste Managers

[http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/training.pdf] is a document designed to provide 

various levels of technical help and training resources for tribal solid waste managers. 

 Grant Resources for Solid Waste Activities in Indian Country 

[http://www.epa.gov/epaoswer/non-hw/tribal/resource.htm - grants] provides resources, tips and other 

information concerning grants for tribal solid waste activities. 

 Publications on Solid Waste Management in Indian Country [http://www.epa.gov/epaoswer/nonhw/tribal/resource.htm] provides solid waste management information and related publications. 

 1998 Report on the Status of Open Dumps on Indian Lands (Published by the Indian 

Health Service) 

[http://www.ihs.gov/NonMedicalPrograms/DFEE/Solid_W/1998_ODReport/1998OpenDumpsReport.pdf] 

provides information about open dumps located on Indian Lands, important details about 

yearly dump inventories, and funding. 

 Partnerships in Solid Waste Management [http://www.epa.gov/epaoswer/nonhw/tribal/pdftxt/partner.pdf] describes the benefits of partnering, obstacles to partnering, 

developing a partnership agreement, and working in partnership after entering into such an 

agreement. It also provides a case study describing the partnership of the Eastern Band of 

Cherokee Indians with Swain County, North Carolina. 

 The Site-Specific Flexibility Requests for Municipal Solid Waste Landfills in Indian 

Country [http://www.epa.gov/tribalmsw/pdftxt/siteflex.pdf], which is a draft guidance document, 

describes a process by which MSWLF owners and operators in Indian country can request 

design and operating flexibility. 

 Preparing Successful Solid Waste Grant Proposals [http://www.epa.gov/epaoswer/nonhw/tribal/pdftxt/grant.pdf] describes procedures that tribes and Alaska Native Villages can 

follow when applying for solid waste management grants. 

 Landfills in the Bush: A Guide to Opening, Maintaining, and Closing Remote Solid Waste 

Sites [http://www.avcp.org/], the manual contains: (1) background information about landfills; 

(2) Federal, state, regional, and local funding and knowledge resources; (3) Federal and 

state regulations and policies; (4) solid waste management plan development; and (5) siting. 

Developed by the Alaska Native Villages by the Association of Village Council Presidents, 

Inc. 

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 Recycling Guide for Native American Nations [http://www.epa.gov/epaoswer/nonhw/tribal/pdftxt/ntverecy.pdf] provides information on setting up a recycling program (collecting 

materials, staffing, educating the community, and reducing waste), creating recycling jobs, 

and buying recycled products. 

 State and Tribal Partnerships to Promote Jobs Through Recycling

[http://www.epa.gov/epaoswer/non-hw/recycle/sttrjobs.pdf] provides information about two of the 

program's four components: recycling and reuse business assistance centers (RBAC) and 

recycling economic development advocates (REDA). It explains how the programs foster 

recycling-based businesses and identifies the beneficiaries of the REDA and RBAC 

programs. 

 Tribal Waste Journal: Alaska Villages Chart their own Course toward Solid Waste 

Solutions [http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/twj-3.pdf] highlights some Alaskan 

villages that have overcome various difficulties concerning waste management. 

 Tribal Waste Journal: Against All Odds: Transfer Station Triumphs

[http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/twj-2.pdf] highlights successful transfer stations 

and provides ideas and resources for future improvements and community action. 

 Tribal Waste Journal: Respect Our Resources: Prevent Illegal Dumping

[http://www.epa.gov/epaoswer/non-hw/tribal/pdftxt/twj-1.pdf] features communities that have been 

successful with preventing illegal dumping as well as community action initiatives and 

resources. 

 Design and Guidance for Installation of Final Covers [http://www.epa.gov/earth1r6/6pd/pd-usw/swguide.htm] addresses the technical aspects of closure and post-closure plans for each 

open dump in Indian Country, including how to comply with Federal regulations. 

 Waste Management on Indian Reservations: An Introduction for Tribal Decision Makers

provides information on waste management and how to initiate action to effectively manage 

waste on reservations. Summarizes applicable laws, regulations, and guidelines governing 

municipal solid waste and hazardous waste; defines terms; and provides references for 

further information. Contact DOI, BIA, Branch of Environmental Services at (202) 208-

4791. 

 First Annual Report: Open Dumps on Indian Lands

[http://www.oehe.ihs.gov/Solid_W/1998_ODReport/1998OpenDumpsReport.pdf] provides information 

on 868 dumps, including ownership, cover status, population served, location, dump 

contents, and other details. 

 Proposed Procedures and Criteria for Determining Adequacy of State and Tribal 

Municipal Solid Waste Landfill Permitting Programs describes what tribes must do to 

obtain approval of their programs. EPA’s Office of Solid Waste and Emergency Response, 

RCRA Information Center, at (800) 424-9346, or rcra-docket@epamail.epa.gov. 

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 Publications on Solid Waste Management in Indian Country

[http://www.epa.gov/tribalmsw/pdftxt/bib-slid.txt] describes publications of EPA, BIA, and Native 

American organizations that are designed to assist tribal leaders, environmental personnel, 

and the general public in developing, expanding, and implementing solid waste 

management programs. Document Number: EPA530-B-96-008. 

 Solid Waste Program Development Seminar provides information about effective dates of 

EPA regulations and closure of existing dumps and addresses the importance of developing 

a solid waste program. Contact Indian Health Service Organization, Office of 

Environmental Health and Engineering Room 309 Federal Building Address, Aberdeen, SD 

57401. 

 Solid Waste Resource Guide for Native Americans: Where to Find Funding and Technical 

Assistance, Spring 1994 identifies potential sources of federal financial and technical 

assistance for safely managing solid waste, implementing the requirements of RCRA, and 

enhancing tribal capability. Contact Office of Solid Waste and Emergency Response, 

RCRA Information Center (800) 424-9346 or rcra-docket@epamail.epa.gov.

 Waste Transfer Stations: A Manual for Decision-Making

[http://www.epa.gov/garbage/pubs/wtsdmm.pdf] defines what a transfer station is and how it relates 

to municipal solid waste management in the context of a community's total waste 

management plan. The manual identifies issues and factors to consider when deciding 

whether or not to build a transfer station, planning and designing it, selecting a site, and 

involving the community. 

 

SOLID WASTE – TRIBAL CODES

 EPA’s Waste Management in Indian Country Web site [http://www.epa.gov/tribalmsw/] 

provides additional information. 

 Case Studies of Successful Tribal Solid Waste Management Programs

[http://www.epa.gov/epaoswer/non-hw/tribal/tribprog.htm] provides examples of successful tribal 

programs as resources for other communities. 

 A Model Tribal Solid Waste Management Code by The Inter-Tribal Council of Arizona, 

Inc. [http://www.itcaonline.com/] is a generic code, which tribes can customize to suit their own 

situations and then enact. It is designed to be comprehensive, covering many areas of solid 

waste management, such as recycling, landfill design and operation, and collection and 

transportation of solid waste. 

 Campo Indian Reservation Solid Waste Management Code

[http://www.epa.gov/tribalmsw/pdftxt/itc10746.txt] provides legislative findings and purpose, 

which defines and explains model waste management code. 

 Inter-Tribal Council of Arizona Solid Waste Code Model [http://www.epa.gov/epaoswer/nonhw/tribal/regs.htm] provides information pertinent to models of solid waste codes and 

April 2007 www.epa.gov/compliance/tribal/resources Appendix E: page 7 
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compliance assistance related to such projects. Contact Inter-Tribal Council of Arizona, Inc. 

at (602) 248-0071. 

SOLID WASTE – BACKYARD BURNING

 EPA’s Backyard Burning Web site [http://www.epa.gov/garbage/backyard/] provides resources 

and information about backyard burning with a link to tribal information. 

 Tribal Leaders are Key to Reducing Backyard Burning

[http://www.epa.gov/garbage/backyard/pubs/tribal-leaders.pdf] is a resource for tribal leaders 

concerning backyard burning in relation to tribal policy, health, and community action. 

 Reducing Backyard Burning in Indian Country

[http://www.epa.gov/garbage/backyard/pubs/tribal_member.pdf] provides facts about the health 

hazards of backyard burning on Indian Lands. 

HAZARDOUS WASTE MATERIAL

 RCRA Orientation Manual [http://www.epa.gov/epaoswer/general/orientat/] provides introductory 

information on solid and hazardous waste management program requirements under 

RCRA. Covers an introduction to RCRA; managing solid waste, hazardous waste, and 

underground storage tanks; RCRA's relationship to other environmental statues; and public 

involvement requirements. 

 Hazardous Waste Identification [http://www.epa.gov/epaoswer/hazwaste/id/id.htm] describes how 

to identify whether and why waste is hazardous. 

 Hazardous Waste Clean-Up Information [http://www.clu-in.org/] provides links to a number 

of hazardous waste clean-up sites such as training, remediation, and databases. 

 Catalog of Hazardous And Solid Waste Publications

[http://www.epa.gov/epaoswer/osw/catalog.htm] lists frequently requested hazardous and solid 

waste documents released by EPA. 

 RCRA, Superfund and EPCRA Hotline Training Module: Introduction to: Hazardous 

Waste Identification [http://www.epa.gov/epaoswer/hotline/training/hwid05.pdf]. 

 FEMA’s Community Emergency Response Training (CERT) for Tribal Nations

[http://www.fema.gov/regions/vii/cert_120902.shtm] provides information about FEMA’s CERT 

for Tribal Nations. 

 North American Indian Tribes and Nations: Emergency Response Resources

[http://www.trex-center.org/tribal_er.asp] provides emergency response resources for Tribes and 

Nations and links to related FEMA links. 

 Good Earth and Good Earth Workbook defines hazardous issues facing Alaskan Native 

villages, includes suggestions on how to assemble a hazardous materials committee, 

explains how to find, recognize, and handle hazardous materials, and describes how to 

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devise a community hazardous materials plan. Offers a step-by-step guide and checklist for 

inventorying hazardous materials in communities and preparing for spills and accidents. 

Contact Alaska Native Health Board Organization’s Alaska Health Project at (907) 276-

2864. 

TRAINING – SOLID AND HAZARDOUS WASTE

 Solid Waste Training by the Solid Waste Alaska Network [http://www.ccthitaswan.org/Tutorials/training.cfm] provides information about solid waste training and scheduled 

events. 

 National Environmental Training Center for Small Communities Training Packages. 

Contact Jamie Knotts at West Virginia University Organization, National Environmental 

Training Center for Small Communities, at (800) 624-8301. 

 Rural Community Assistance Program [http://www.rcap.org/swp.html] provides technical, 

financial management, and managerial support and training to tribal and rural communities 

with populations under 10,000. 

 Training Exchange Web site [http://www.trainex.org/] provides classroom and internet-based 

course training to environmental staff involved in hazardous waste management and 

remediation. Partnership with the Interstate Technology Regulatory Council, EPA and the 

Community Involvement University. 

 Changing Waste in Changing Times: Solid Waste and Natural Resources Issues in Rural 

Alaska -- A Teacher's Guide is a curriculum to foster school children’s understanding of 

environmental issues and solid waste management problems in Alaskan Native villages. It 

emphasizes the involvement of community resources, elders, and health organizations. 

Contact Northwest Renewable Resources Center Organization at (206) 269-2357. 

 Indian Health Service Solid Waste Management Training provides information about solid 

waste management plans, including composition of the waste stream, evaluation of options, 

development of plans, and implementation of such plans, recycling, and equipment. Contact 

the Indian Health Service, Office of Environmental Health and Engineering, Room 309 

Federal Building Aberdeen, SD 57401. 

 Compost Operator Training Workshop For Federally-Recognized Native American Tribes,

August 16-20, 2004. Qualla Boundary, Cherokee, NC. Simonson.davy@epa.gov

CONSTRUCTION AND DEMOLITION WASTE 

 EPA’s Construction and Demolition Debris Web site [http://www.epa.gov/epaoswer/nonhw/debris-new/index.htm] provides basic information, publications and related links.

 Construction Industry Compliance Assistance Center (see page B-5). 

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 EPA’s Construction and Demolition Debris Publications [http://www.epa.gov/epaoswer/nonhw/debris-new/pub_nav.htm] provides fact sheets, case studies, and references to applicable 

federal regulations. 

 Characterization of Building-Related Construction and Demolition Debris in the United 

States [http://www.epa.gov/epaoswer/hazwaste/sqg/c&d-rpt.pdf] characterizes the quantity and 

composition of building-related construction and demolition (C&D) debris generated in the 

United States and summarizes the related waste management practices. 

 Residential Construction Waste Management: A Builder's Field Guide: How to save 

money and landfill space [http://www.ilsr.org/recycling/buildingdebris.pdf] is an EPA-funded 

publication from the National Association of Home Builders Research Center which 

explains cost-effective techniques for construction waste management. This 32-page field 

guide presents several approaches builders can take to manage construction waste and 

provides real case studies to support the recommended actions. 

 Builder's Guide to Reuse and Recycling: A Directory for Construction and Demolition 

Materials [http://www.stopwaste.org/docs/2003bg.pdf] provides practical, cost-saving tips for 

building professionals on recycling asphalt, glass, and related materials. 

 Construction and Demolition Waste Publications 

[http://www.epa.gov/tribalmsw/pdftxt/40cfr257.pdf] conditionally exempt small quantity generator 

(CESQG) hazardous waste may be managed at construction and demolition waste landfills 

if the landfills comply with federal regulations 40 CFR Part 257. 

 Resource Efficient Residential Construction: Industry Web Directory. The Peaks to 

Prairies Residential Environment Web site 

[http://peakstoprairies.org/p2bande/construction/CnstrMatrix.pdf] provides technical assistance and 

referrals, industry contacts, and a database of resources and publications. 

 Environmentally Sound Practices in the Homebuilding Industry

[http://www.mcet.org/spec_project/mbicap.htm - Homebuilders] is a video training package that 

covers the basic principles of pollution prevention and environmental compliance for 

homebuilding projects. Topic areas include the environmental impacts of homebuilding and 

best management practices for habitat preservation, stormwater management, and erosion 

and sediment control. 

 Construction and Demolition (C&D) Waste Management Guide

[http://peakstoprairies.org/p2bande/construction/c&dwaste/index.cfm] describes resource efficient 

building practices which will allow residential construction professionals to meet consumer 

demand, increase profits, provide savings for the consumer and enhance marketing 

opportunities, while using resources in a sustainable manner. 

 Haskell Environmental Research Studies Center promotes activities that reduce negative 

environmental impacts of economic development in Native communities, provide for 

environmental restoration, and promote environmental health, for the advancement of tribal 

sovereignty and self-determination. Contact Dan Wildcat at (785) 749-8498. 

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UNDERGROUND STORAGE TANKS 

 EPA’s Office of Undergroud Storage Tanks Web site [http://www.epa.gov/swerust1/] provides 

a variety of resources and links to access information concerning USTs.

 EPA’s Operating and Maintaining UST Systems [http://www.epa.gov/oust/ustsystm/tanko&m.htm] 

provides a wide array of tools to help owners and operators properly operate and maintain 

UST systems. 

 Underground Storage Tank Environmental Results Program Workbook

[http://www.epa.gov/swerust1/pubs/erp.htm] helps programs, owners and operators learn how to 

better comply with UST regulations. 

 Operating and Maintaining Underground Storage Tank Systems: Practical Help and 

Checklists [http://www.epa.gov/oust/pubs/ommanual.htm] contains brief summaries of the federal 

UST requirements for operation and maintenance as well as practical help that goes beyond 

the requirements. Checklists link equipment uses and how to keep equipment working 

properly, including record keeping forms. 

 Automatic Tank Gauging Systems for Release Detection: Reference Manual for 

Underground Storage Tank Inspectors [http://www.epa.gov/oust/pubs/automati.htm] provides 

handouts that UST inspectors can distribute to owners and operators to help them 

understand the proper operation and maintenance of ATG systems. Contains a summary of 

specifications, based on third-party evaluations, for ATG systems that detect leaks from 

USTs and their piping, detectable leak rate/threshold, test period duration, product 

applicability, calibration requirements, restrictions on the use of the device, vendor contact 

information, printing and interpreting reports, and sample reports. 

 Underground Storage Tank Self-Evaluation Checklist [http://www.epa.gov/swerust1/cmplastc/] 

helps users comply with most operational requirements for USTs. 

 Underground Storage Tank Compliance Assistance Package

[http://www.epa.gov/swerust1/cmplastc/cap.htm] is designed to improve understanding of the 

regulatory requirements associated with owning or operating USTs. Information is divided 

into UST-specific subject matter categories, legal requirements, inspections, leak detection, 

and risk assessment theories, practices and applications. 

 Preventing Leaks and Spills at Service Stations [http://www.epa.gov/region09/waste/ust/index.html 

- indian], A Guide for Facilities for service station owners and operators in Indian Country 

and the Trust Territories of the Pacific Islands, shows how to comply with federal UST 

regulations and prevent leaks and spills. 

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EMERGENCY PLANNING

 Emergency Management Framework for Tribal Government Toolkit [http://emd.wa.gov/5-

prog/prgms/policy/emc/resources/res-tribal-coord.htm] contains resources to build emergency 

management capabilities. Provides information on legal requirements, risk analysis, 

emergency operations planning, resource management, and communication and outreach 

strategies. 

 

MINING WASTE IN INDIAN COUNTRY 

 Publications on Mining Waste Management in Indian Country

[http://www.epa.gov/tribalmsw/pdftxt/biblio.pdf] provides access to publications and regulations 

that will help you meet the challenges of managing mining waste. 

 Mining Waste Rulemaking Docket Supporting Documentation

[http://www.epa.gov/epaoswer/other/mining/] contain technical background information covering 

EPA's mining waste rulemakings and Report to Congress. These documents identify waste 

streams produced by mineral processing, potential for mismanagement, waste disposal 

practices, and human health and environmental damages. 

 Land Disposal Restrictions, Phase IV, Proposed Rule - Treatment Standards Proposed for 

Toxicity Characteristic (TC) Metal and Mineral Processing Wastes - April 1997 

[http://www.epa.gov/epaoswer/hazwaste/ldr/ldr-rule.htm]. The proposed rule addresses treatment 

standards for certain metal wastes and wastes from mineral processing and discusses how 

the proposed Universal Treatment Standards would apply to wastes from mineral 

processing operations. 

MILITARY MUNITIONS WASTE

 EPA’s Military Munitions Final Rule [http://www.epa.gov/epaoswer/hazwaste/military/index.htm] 

provides information about military munitions waste, which consists of ammunition 

products and components produced for or used by the military, including unused, damaged, 

or fired munitions. It includes bombs, rockets, artillery ammunition, small arms 

ammunition, and mines. If you have military firing ranges on your lands, you should be 

aware of proper military munitions waste management. 

 Military Munitions Regulations [http://www.epa.gov/docs/fedrgstr/EPA-WASTE/1997/February/Day12/f3218.htm] is the Federal Register page where EPA has finalized regulations that clarify 

when conventional and chemical military munitions become a hazardous waste under the 

Resource Conservation and Recovery Act (RCRA). Additionally, this rule amends existing 

regulations regarding emergency responses and RCRA manifest requirements. 

 Military Munitions Final Rule (62 FR 6622: February 12, 1997). 

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 Environmental Fact Sheet: EPA Finalizes Regulations under RCRA for Military Munitions

[http://www.epa.gov/epaoswer/hazwaste/military/muns_fs.txt] is a page that provides information 

about the rule regulating military munitions. 

 Department of Defense Policy to Implement the EPA's Military Munitions Rule

[https://www.denix.osd.mil/denix/Public/Policy/Range/1july98mrip.html], which is a document that 

interprets the requirements of EPA's Military Munitions Rule and establishes Department of 

Defense policy for the management of waste military munitions. 

RADIOACTIVE MATERIALS

 The Transportation Resource Exchange Center (T-REX) [http://www.trex-center.org/] is a 

comprehensive Web site where you will find the answers to complex questions surrounding 

radioactive materials transportation. 

WATER RESOURCES

PUBLIC WATER SYSTEMS

 EPA’s Tribal Public Water System & Underground Injection Control Programs Web site 

[http://www.epa.gov/safewater/tribal/history.html] is the place to start and obtain information about 

federal regulation of public water systems in Indian country, including EPA direct 

implementation and tribal primacy. 

 EPA’s Office of Ground Water & Drinking Water, Small Drinking Water Systems Web site 

[http://www.epa.gov/ogwdw/smallsys/ssinfo.htm] contains a wealth of information pertaining to 

small drinking water systems. 

 EPA’s Drinking Water Academy [http://www.epa.gov/safewater/dwa.html] provides classroom 

and Web-based training and materials pertaining to SDWA implementation. 

 EPA’s Drinking Water Infrastructure Grants Tribal Set-Aside Program

[http://www.epa.gov/safewater/tribes.html] provides information on the Drinking Water State 

Revolving Fund (DWSRF) established under SDWA, which make funds available to 

finance infrastructure improvements of drinking water systems, including those that serve 

Indian tribes. 

 EPA Region 10 Tribal Water Program [http://yosemite.epa.gov/r10/water.nsf/bbb2e0bec 

35db236882564f700671163/655b3ea54e3ba0a388256a8c007ac4be?OpenDocument] provides 

information on the Program activities in the Pacific Northwest. 

 EPA’s Radon in Drinking Water Web site [http://www.epa.gov/iaq/radon/rnwater.html] provides 

information on radon in drinking water including public health standards and risk 

assessment report by the National Academy of Sciences. 

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 Planning and Tracking Forms for Public Water Systems Sampling and Testing provide 

tribes with specific information and instruction about when to monitor, sample, or test. The 

goal is to enable systems to remain in compliance with the requirements of CWA and 

SDWA. Contact Mark Robertson at (404) 562-9639 or robertson.mark@epamail.epa.gov. 

TRIBAL AND OTHER NON-FEDERAL ORGANIZATIONS

 Native American Water Association provides tribal water and wastewater operators, 

managers, administrators, utility commissions and Tribal Councils with continued training 

and technical assistance in their goals to: strengthen tribal sovereignty, self-determination 

and protect health and environment in Indian country. Visit their Web site 

[http://www.nawainc.org] for more information. 

 US Geological Survey Drinking Water Programs. Visit their Web site 

[http://water.usgs.gov/programs.html] for more information. 

 Association of State Drinking Water Administration Internet Resources. Visit their Web 

site [http://www.asdwa.org/links.html] for more information. 

 Office of Water Programs, a non-profit organization operating under the California State 

University, Sacramento Foundation, provides training and materials for water treatment 

plants, water distribution systems, wastewater collection systems, municipal and industrial 

wastewater treatment and reclamation facilities, and also for pretreatment facility inspectors 

and environmental compliance inspectors. Visit their Web site [http://www.owp.csus.edu] for 

more information. 

 National Environmental Services Center provides technical assistance and information 

about drinking water, wastewater, environmental training, and solid waste management to 

communities serving fewer than 10,000 individuals. Visit their Web site 

[http://www.nesc.wvu.edu] for more information. 

 National Drinking Water Clearinghouse at West Virginia University helps small 

communities by collecting, developing, and providing timely information relevant to 

drinking water issues. It is intended for communities with fewer than 10,000 residents and 

the organizations that work with them. It offers training and free telephone consultation. 

Visit their Web site [http://www.nesc.wvu.edu/ndwc/ndwc_index.htm] for more information. 

 Small Utilities Service Corporation received an EPA grant to provide specific training and 

technical assistance to water systems located in Indian country (which for this grant this 

means inside of existing reservation boundaries) in Oregon, Washington, Idaho, and 

Alaska. 

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WASTEWATER MANAGEMENT

 EPA’s Office of Wastewater Management, Clean Water Indian Program Web site 

[http://www.epa.gov/owm/mab/indian/index.htm] details tribal financial assistance programs and 

initiatives, contacts, publications and success stories. 

 EPA’s Clean Water Tribal Resource Directory for Wastewater Treatment Assistance

identifies sources of financial and technical assistance for Tribal wastewater treatment 

programs and infrastructure. Visit their Web site [http://www.epa.gov/OWOWM.html/mab/indian/cwtrd.htm] for more information. 

 EPA’s Total Maximum Daily Loads Web site [http://www.epa.gov/owow/tmdl]. 

TRAINING – WATER QUALITY

 The Alaska Regional Office of Native American Fish & Wildlife Society is in the fifth year 

of providing training to Alaskan Native villages on water quality assessment and 

monitoring. Visit their Web site [http://alaska.nafws.org] for more information. 

 National Environmental Training Center for Small Communities

[http://www.nesc.wvu.edu/netcsc/Institute04/INSTITUTE2004MAINPAGE1.htm] 

 EPA’s Tribal Water Quality Standards Document Repository

[http://www.epa.gov/waterscience/standards/wqslibrary/tribes.html]

 Our Water Our Future: Saving our Tribal Life Force Together is a video that shows the 

efforts of the Pueblo of Acoma in New Mexico and the Confederated Tribes of the Chehalis 

Reservation in Washington in developing water quality standards. Tribal elders and leaders 

and the directors and staffs of tribal environmental departments recount their experiences. 

Visit their Web site [http://epa.gov/waterscience/tribes/videoreal.htm] for more information. 

 Reference Guide to Water Quality Standards for Indian Tribes provides tribes with an 

overview of the water quality standards program and a guide to EPA reference materials on 

the program. Visit their Web site [http://epa.gov/waterscience/tribes/refguide.pdf] for more 

information. 

 Water Quality Standards Training Academy offers basic and intermediate training on the 

entire range of water quality and water standards issues. Visit their Web site 

[http://epa.gov/waterscience/standards/academy.html] for more information. 

 Watershed Training Courses [http://www.epa.gov/owow/watershed/wacademy/] 

 EPA’s Water Quality Reporting Web site [http://www.epa.gov/owow/monitoring/monintr.html] 

provides information on the water quality monitoring and reporting required by CWA 

305(b). 

 EPA’s Clean Lakes Program Web site [http://www.epa.gov/owow/lakes/] describes the 

processes related to identification and implementation of pollution controls to mitigate lake 

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water quality problems. Contact EPA Regional Nonpoint Source Coordinators or EPA 

Regional Indian Coordinators. 

WETLANDS MANAGEMENT

 EPA’s Wetlands Web site [http://www.epa.gov/owow/wetlands] contains information on 

wetlands, why they are important, and how the can be protected. Contact the Wetlands 

Hotline at 800.832.7828. 

 Water Quality and 401 Certification are effective tools to protect the overall health of 

wetlands resources and the valuable functions they provide. Water quality standards, 

including designated uses, criteria, and an antidegradation policy can provide a sound legal 

basis for protecting wetland resources through State water quality management programs. 

Visit EPA’s Water Quality Web site [http://www.epa.gov/owow/wetlands/waterquality/index.html] 

for more information. 

UNDERGROUND INJECTION CONTROL

 EPA’s Underground Injection Control Program Web site 

[http://www.epa.gov/safewater/uic/index.html] 

 Protecting Drinking Water Through Underground Injection Control: Drinking Water 

Pocket Guide #2 provides an overview of the UIC programs: importance to drinking water, 

the Safe Drinking Water mandate, the classification system, historical time line, five 

pathways of contamination, information on each well class, strategic program priorities, 

contact information and more. Contact (800) 426-4791 or visit EPA’s Web site 

[http://www.epa.gov/safewater/uic/uicpocket.html] for more information. 

 American Indian Underground Storage Tanks Project creates a reserve of UST Certified 

Inspectors to provide tribal governments with the technical expertise to develop strong 

effective UST management programs. Includes information on developing tribal UST laws 

and regulations and enacting tribal cleanup standards. Co-sponsored by EPA and the Inter 

Tribal Council of Arizona, Inc.Visit their Web site [http://www.itcaonline.com/program_ust.html] 

for more information. 

SOURCE WATER PROTECTION 

 Drinking Water Quality in Indian Country: Protecting the Sources contains information on 

the prevention of contamination of source water, which is one important part of providing 

safe water at the tap. Visit EPA’s Web site [http://www.epa.gov/safewater/protect/tribe.html] for 

more information. 

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 EPA’s Wellhead Protection (WHPP) Program is a pollution prevention and management 

program used to protect underground-based sources of drinking water. Visit their Web site 

[http://www.epa.gov/safewater/whpnp.html] for more information. 

 Source Water Training from EPA’s Drinking Water Academy

[http://www.epa.gov/safewater/dwa/course-sourceprotect.html]

 EPA’s Annotated Bibliography of Source Water Protection Materials

[http://www.epa.gov/safewater/protect/swpbibliography]

AIR RESOURCES

AIR POLLUTION

 Air Pollution Project Assistance, CFDA: 66.009, provides information and encourages 

increased dissemination of air pollution literature. It also supports research, investigations, 

experiments, demonstrations, surveys, and studies, as well as training, related to air 

pollution. Contact EPA’s Regional Tribal Coordinator and EPA’s Office of Air and 

Radiation at (919) 541-5557 

 Clean Air Act Tribal Authority Rule implements section 301(d) of CAA, which authorizes 

the EPA Administrator to establish eligibility requirements for tribes to be treated in the 

same manner as states. Visit their Web site [http://www.epa.gov/air/tribal/airprogs.html] for more 

information. 

TRAINING – AIR POLLUTION

 Air Pollution Training Institute [http://www.epa.gov/air/oaqps/eog/index.html] provides special 

courses and workshops on air issues: ambient monitoring, engineering, meteorology and 

modeling, air toxics, permitting, entry-level training, inspections, sampling analysis, 

compliance assurance, and statistical analysis. The curriculum is available in classroom, 

telecourse, self-instruction, and web-based formats. 

 Basic Concepts in Environmental Science: Air Pollution Training

[http://www.epa.gov/apti/course_topic.html] contains self-study reading material and problems 

that review important fundamental engineering principles and concepts used in a number of 

Air Pollution Training Institute courses on control technology, permit review, and 

compliance monitoring and inspection. 

 American Indian Air Quality Training Program [http://www4.nau.edu/itep/programs/aiaqtp.asp] 

provides air quality training to tribes through a cooperative agreement between EPA and 

Northern Arizona University’s Institute for Tribal Environmental Professionals. 

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AIR QUALITY AND MONITORING

 Tribal Air Monitoring Center [http://www4.nau.edu/tams/] is designed to meet the needs of 

tribes involved in air quality management and offers an array of training and support 

services to tribal air professionals. 

 Ambient Air Monitoring Program [http://www.epa.gov/oar/oaqps/qa/monprog.html] is a national 

network of air monitoring stations that provide raw air quality data and source inventory 

data submitted to air pollution control agencies. 

 EPA’s Ambient Monitoring Technology Information Center [http://www.epa.gov/ttn/amtic/] 

contains information and files on ambient air quality monitoring programs, monitoring 

methods, related documents and articles, information on air quality trends and 

nonattainment areas, and related federal regulations. 

 EPA’s Technology Transfer Network [http://www.epa.gov/ttn/] offers tools to estimate air 

pollutant emissions, downloadable computer code for regulatory air models, guidance, or 

request technical support to implement air pollution control programs. 

ASBESTOS AND RADON

 Tribal School Compliance Initiative - AHERA trains representatives of tribal schools in 

Washington, Idaho, and Oregon to ensure compliance with requirements of AHERA. Joint 

project between EPA Region 10 and Bereau of Indian Affairs. Contact Jayne Carlin (206) 

4762 or carlin.jayne@epa.gov 

 Common Questions on Asbestos - NESHAP [http://www.epa.gov/region04/air/asbestos/asbqa.htm] 

provides information on protecting the public health by minimizing the release of asbestos 

during building demolition. 

 Regional Radon Training Centers [http://www.epa.gov/iaq/radon/] develop information and 

provide training to government officials, professional and private firms, and the public on 

radon health risks and methods of radon measurement and mitigation. Contact (800) 513-

8332. 

PESTICIDES

 EPA’s Pesticides Web site [http://www.epa.gov/pesticides/] provides links to highlights and 

information concerning pesticides. 

 The National Agriculture Compliance Assistance Center [http://www.epa.gov/agriculture/] is 

the "first stop" for information about environmental requirements that affect the agricultural 

community. The Ag Center was created by EPA with the support of the Department of 

Agriculture. 

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 EPA’s Office of Pesticide Program’s [http://www.epa.gov/oppfead1/tribes/] goal is to help tribes 

resolve pesticide issues regardless of whether they have an established pesticide program. 

To further that goal, OPP directly funds tribal program projects and provides EPA liaison to 

the Tribal Pesticide Program Council. 

 OPPT’s Publications [http://www.epa.gov/opptintr/tribal/pubs/] provides links to a number of 

publications about pollution prevention and toxics concerning the Tribal Environmental 

Network. 

 Tribal Pesticide Program Council [http://www.epa.gov/oppfead1/tribes/tppc.htm] is a tribal 

technical resource, program and policy dialogue, and development group, focused on 

pesticide issues and concerns. It is composed of authorized representatives from federally 

recognized tribes and Indian nations and intertribal organizations. 

 Guidance on Basic Elements of an EPA-Funded Tribal Pesticide Program

[http://www.epa.gov/oppfead1/tribes/guidance.htm] describes basic elements for an EPA-funded 

tribal pesticide program. It is intended primarily for use by EPA regional staff as they 

provide assistance to tribes that are assessing their pesticide program needs, negotiating 

EPA/tribal cooperative agreements, and implementing pesticide programs where they are 

desired and needed. 

 National Pesticide Information Center [http://npic.orst.edu/] provides information and related 

links. 

 OPP’s Technical Tools and Models [http://www.epa.gov/epahome/datatool.htm] for pesticide 

programs. 

 OPPT Programs, Resources, and Grant Opportunities for Indian Tribes

[http://www.epa.gov/opptintr/tribal/pubs/pubs.html] provides a link to the document that discusses 

grant opportunities for tribes. 

 Pesticide Action Network Pesticide Database Web site [http://pesticideinfo.org/Index.html] 

brings together a diverse array of information on pesticides from many different sources, 

including information on toxicity and regulations. The Web site is not peer reviewed. 

 National Pesticide Information Center Pesticide Fact Sheets (Pesticide Information 

Profiles). NPIC fact sheets are designed to answer questions that are commonly asked by 

the general public about pesticides and pesticide related topics. The Web site 

[http://npic.orst.edu/npicfact.htm] contains links to toxicity and active ingredient fact sheets, 

health information databases, environmental and chemical properties databases, product 

label and MSDS databases, statistics, and sites with additional technical information. 

 Through the CalEPA Department of Pesticide Regulation Web site 

[http://www.cdpr.ca.gov/index.htm], information on EPA’s pesticide registration can be accessed 

from EPA databases. It is possible to look up the regulatory status of registered pesticides. 

A link is available to a pesticide label database where EPA-accepted pesticide labels can be 

viewed. 

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 Pesticide Regulatory Education Program [http://www.prep-gov.net/] provides classroom and 

field instruction on the regulation of pesticides. Contact Suzanne Forsyth at (530) 757-8603 

or John Ward at (312) 353-9510. 

 Pesticide Inspector Residential Training teaches inspectors how to conduct different types 

of pesticide inspections and offers tips and tools to instruct other inspectors. There are 

three courses: (1) Pesticide Use Inspection Training; (2) Pesticide Product Enforcement; 

and (3) Worker Protection Inspector Training. Courses include lectures, written exercises 

and field trips for on site inspection training. Contact EPA’s Amar Singh at (202) 564-4161 

or singh.amar@epa.gov.

 Integrated Pest Management Information Service [http://www.efn.org/~ipmpa/] provides the 

opportunity to find, share, and develop effective, economical, and environmentally sound 

approaches for the management of vegetation and pests, primarily in non-agricultural 

resource settings. 

TOXICS

 EPA’s Empowering Communities to Reduce Risks from Toxic Exposure

[http://www.epa.gov/air/grants/05-08.pdf] helps communities understand and reduce the risk of 

exposure to toxic chemicals. Community Action for a Renewed Environment is offering 

communities financial and technical assistance to reduce the release of toxic pollutants and 

minimize exposure to them. 

 National Institutes of Health: Toxics on the Web [http://toxtown.nlm.nih.gov/index.html] 

provides an introduction to toxic chemicals and environmental health risks you might 

encounter in in everyday places. 

 The Forum on State and Tribal Toxics Action [http://www.epa.gov/opptintr/tribal/pubs/fostta.htm] 

is a partnership between EPA’s Office of Pollution Prevention and Toxics and state and 

tribal leaders to increase understanding and improve collaboration on toxics and pollution 

prevention issues among the states, tribes, and EPA. 

SCHOOLS

GENERAL

 EPA’s Healthy School Environments Web pages [http://cfpub.epa.gov/schools/index.cfm] are to 

help facility managers, school administrators, architects, design engineers, school nurses, 

parents, teachers and staff address environmental health issues in schools. 

 EPA’s Children’s Health Protection

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p_

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arg_values=66.609] [http://yosemite.epa.gov/ochp/ochpweb.nsf/content/homepage.htm] support efforts 

by government organizations and educational institutions to establish or enhance their 

ability to take actions that will reduce environmental risks to the health of children or 

elderly populations. 

 BIA’s Office of Indian Education Programs [http://www.oiep.bia.edu/] is responsible for 

direction and management of all BIA education functions, including formation of policies 

and procedures, supervision of all program activities undertaken within the office's 

jurisdiction, and approval of the expenditure of funds appropriated for the BIA Indian 

education functions. 

 National Best Practices Manual for Building High Performance Schools 

[http://eric.ed.gov/ERICDocs/data/ericdocs2/content_storage_01/0000000b/80/27/c3/70.pdf]. 

 Best Practices for Controlling Energy Costs, A Guidebook for K-12 School System 

Business Officers and Facilities Managers 

[http://www.rebuild.org/attachments/solutioncenter/schoolenergyguidebookv2.pdf] is a guidebook to 

offer strategies for maintaining facilities as well as recommended methods to reduce energy 

costs and improve efficiency. 

 Healthy Schools Guide to Chemical Cleanout

[http://cfpub.epa.gov/schools/top_sub.cfm?t_id=361&s_id=365] provides resources to help schools 

learn about, identify and remove hazardous chemicals. 

HIGHER EDUCATION 

 The American Indian Higher Education Consortium [http://www.aihec.org/] represents 34 

colleges in the United States and one Canadian institution. 

 The American Indian Science & Engineering Society [http://www.aises.org/] is a national, 

nonprofit organization, which nurtures building of community by bridging science and 

technology with traditional Native values. 

 The Office of the White House, Initiative on Tribal Colleges and Universities

[http://www.ed.gov/about/inits/list/whtc/edlite-index.html] leads the implementation of Executive 

Order 13270, ensuring that the nation's Tribal Colleges and Universities (TCU) are more 

fully recognized and have full access to federal programs benefitting other higher education 

institutions. 

 EPA’s Colleges and University Sector Strategy Web site 

[http://www.epa.gov/sectors/colleges/index.html] is a partnership to assist colleges and universities 

and seeks to advance the use of environmental management systems, reduce regulatory 

performance barriers, and measure environmental progress. 

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ASBESTOS 

 EPA’s comprehensive Web site designed to provide information to regulators, parents and 

schools about asbestos in schools. Including Federal Requirements for Asbestos 

Management in Schools and 20 Frequently Asked Questions About Asbestos in Schools

[http://www.epa.gov/asbestos/pubs/asbestos_in_schools.html]. 

 Common Questions on the Asbestos NESHAP

[http://www.epa.gov/region04/air/asbestos/asbqa.htm] provides examples of general questions 

concerning a variety of asbestos issues. 

DISPOSAL OF SPENT LABORATORY CHEMICALS

 EPA’s Chemical Use and Management Web site 

[http://cfpub.epa.gov/schools/top_sub.cfm?t_id=361] provides information on the types of 

chemicals that are used in classrooms and in facility maintenance operations, and suggests 

thoughtful chemical purchasing and proper chemical use and management (storage, 

labeling, disposal) for reducing chemical exposures and accidents. 

 NLM’s Tox Town [http://toxtown.nlm.nih.gov/index.html] provides an introduction to toxic 

chemicals and environmental health risks you might encounter in everyday life. National 

Library of Medicine, National Institutes of Health. 

 Chemicals in Your Community: A Guide to the Emergency Planning and Community 

Right-to-Know Act

[http://yosemite.epa.gov/oswer/ceppoweb.nsf/webprintview/chemicalsinyourcommunity.htm] explains a 

community's rights and opportunities under EPCRA. The guide includes a section on tribes 

and their roles and responsibilities under EPCRA. 

LEAD-BASED PAINT

 How Mother Bear Taught the Children about Lead

[http://www.niehs.nih.gov/kids/bear/home.htm] is an educational activity book on lead based-paint 

prevention. Designed for Native American Children in grades 3-4, the activity book 

teaches children to protect themselves and their siblings. 

 Little Moccasins – A Lead Poisoning Prevention Manual for Tribal Day Cares and 

Families is a part of EPA’s First Steps Program. Contact Phillip Quint with the LeadHousing-Sanitation Director, Houlton Band of Maliseet Indians at 207.532.7260 or 

quint@ainop.com. 

 EPA’s Training, Certification, and Accreditation Web site 

[http://www.epa.gov/lead/pubs/traincert.htm] provides training courses regarding lead-safe work 

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practices during building renovation, remodeling, rehabilitation, maintenance, 

sampling/evaluation, and abatement. 

 EPA's Lead Awareness Program [http://www.epa.gov/lead/index.html] 

[http://www.epa.gov/lead/pubs/leadpbed.htm] designs outreach activities and educational 

materials, awards grants, and manages a toll-free hotline to help parents, home owners, and 

lead professionals learn what they can do to protect their families from the dangers of lead. 

 Federal lead-based paint Rules and Regulations Web site 

[http://www.epa.gov/lead/pubs/regulation.htm] provides links to regulations related to lead found 

in paint, dust, and soil. 

 The National Lead Information Center (NLIC) [http://www.epa.gov/lead/pubs/nlic.htm] provides 

the general public and professionals with information about lead hazards and their 

prevention. Call (800) 424-LEAD (5323). 

 EPA’s Regional Lead Coordinators [http://www.epa.gov/lead/pubs/leadoff1.htm] oversee the 

development of lead-poisoning prevention efforts and coordination with tribes, states, and 

local governments. 

 The Department of Housing and Urban Development’s Office of Healthy Homes and Lead 

Hazard Control [http://www.hud.gov/offices/lead/index.cfm] brings together health and housing 

professionals to eliminate lead-based paint hazards in privately-owned and low-income 

housing. 

 The Occupational Health and Safety Organization’s Lead Web site 

[http://www.osha.gov/SLTC/lead/index.html] provides links and information concerning lead in 

the workplace. 

 Healthy Schools Network, Inc. [http://www.healthyschools.org/] is a national not for profit 

organization, centered on children's environmental health. 

 National Safety Council [http://www.nsc.org/issues/lead/index.htm] provides comprehensive 

information about lead based paint. 

 Certified Environmental Registry and Tracking System supports a free database about lead 

inspections. The system tracks licenses, training, citations, violations, and blood lead 

levels. The system also can be used to track asbestos, radon, and information about the 

licensing of pesticides applicators. Contact James Bryson, Region 1, at (617) 565-3836 or 

bryson.james@epa.gov 

 Children and the Hazards of Lead-Based Paint in Tribal Communities provides 

background material on issues related to lead-based paint. It describes the risks that leadbased paint poses to children, explains how children can be tested for exposure to lead, 

highlights steps that can be taken to avoid lead poisoning, and lists the names and telephone 

numbers of organizations that can assist tribes address lead-based paint issues. Contact 

Inter-Tribal Council of Arizona, Inc. at (602) 248-0071. 

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 Comprehensive Home Inspection for Lead Detection provides a free software program for 

tracking children affected by lead poisoning and the homes in which they live. Using the 

software, tribes can produce a list of all residents who have high lead blood levels and the 

homes in which they live. Contact James Bryson, Region 1 at (617) 565-3836 or at 

bryson.james@epa.gov 

 Computerized Lead Auditing Support System is a free auditing system for providers of lead 

training. The system standardizes the auditing check list for the EPA Model Lead course. 

The system tracks lead training and produces reports. Contact James Bryson, Region 1 at 

(617) 565-3836 or bryson.james@epa.gov. 

 GateKeeper is an electronic system for tribes and states to use in managing the delivery of 

lead inspection examinations. The system offers tribes and states a no-cost alternative to 

administering inspections for third-party lead inspectors. Contact James Bryson, Region 1 

at (617) 565-3836 or bryson.james@epa.gov. 

 State Tribal Application for Model Lead Procedures describes the process through which 

states and tribes can set their own lead regulations and supplies information about lead 

contamination. Encourages tribes to negotiate with EPA agreements related to regulations 

governing lead. Contact James Bryson, Region 1 at (617) 565-3836 or bryson.james@epa.gov 

WATER

 PROJECT WET (Water Education for Teachers) Curriculum and Activity Guide

[http://www.projectwet.org/publications.htm] is a collection of over ninety, broad-based water 

resource activities. Contact national headquarters at (406) 994-5392 or by email at 

ProjectWET@montana.edu. 

PESTICIDES

 Integrated Pest Management in Schools [http://www.epa.gov/pesticides/ipm/] reflects an EPA 

priority to protect children’s health from unnecessary exposure to pesticides at school. 

Encourages school officials to adopt IPM practices to reduce children’s exposure to 

pesticides. 

 Washington State Pesticide Notification Requirement

[http://www.govlink.org/hazwaste/interagency/ipm/schoolIPM.html] discusses that public schools and 

licensed day cares in Washington are required to establish a system for notifying parents 

and employees of pesticides being used on school grounds.

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POLLUTION PREVENTION

 EPA’s Pollution Prevention Homepage [http://www.epa.gov/p2/] provides general information 

about pollution prevention practices, the various source reduction programs and initiatives 

administered by EPA and other organizations. 

 The Tribal Pollution Prevention Web site [http://tribalp2.org/] is targeted to tribal leaders and 

environmental managers looking to learn more about pollution prevention, including 

resource conservation and best management practices. 

 An Organizational Guide to Pollution Prevention

[http://www.p2ric.org/Vlibrary/Bib_Contact.cfm?folder_ID=2§ion_ID=10&PubAutoID=2129] 

provides information to help organizations get pollution prevention programs started or to 

re-evaluate existing pollution prevention programs. It presents an alternative method for 

working on pollution prevention projects and four approaches to implementing a pollution 

prevention program in an organization. 

 Environmentally Preferable Purchasing Database [http://yosemite1.epa.gov/oppt/eppstand2.nsf] 

is a tool to make it easier to purchase products and services with reduced environmental 

impacts. Environmental information on over 600 products and services is included in the 

database. 

 Comprehensive Procurement Guidelines [http://www.epa.gov/cpg/index.htm] is a key 

component of EPA’s “buy-recycled” program and provides access to Recovered Materials 

Advisory Notices, which recommend recycled-content levels for Comprehensive 

Procurement Guidelines items. 

GREEN BUILDINGS

 Green Building/High Performance Buildings Web sites [http://www.epa.gov/greenbuilding] 

[http://homes-across-america.org/] [http://www.usgbc.org/] provide a comprehensive overview of 

topics related to green buildings. 

 Building Site Location & Smart Growth Web site [http://www.wbdg.org/design/site_potential.php] 

provides comprehensive guidance and recommendations for optimizing site potential. 

 EPA’s Smart Growth Web site [http://www.epa.gov/smartgrowth/] provides links and resources 

on development that serves the economy, the community, and the environment. 

 Leadership in Energy and Environmental Design (LEED) Green Building Rating System 

[http://www.usgbc.org/DisplayPage.aspx?CMSPageID=221] provides information on renovating 

existing buildings in a manner that maximizes operational efficiency while minimizing 

environmental impacts. 

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 LEED Information for Commercial Interiors

[http://www.usgbc.org/DisplayPage.aspx?CMSPageID=145] provides information about major 

interior renovations 

 Whole Business Design Guide [http://www.wbdg.org/] is the gateway to up-to-date 

information on integrated whole building design techniques and technologies. 

 Guide to Designing for Deconstruction and Material Reuse [http://www.epa.gov/epaoswer/nonhw/debris-new/reuse.htm] associated with the selective disassembly of buildings to reuse and 

recycle parts. 

 Federal Green Construction Guide for Specifiers [http://www.wbdg.org/design/greenspec.php] is 

designed to help federal building project managers meet various green mandates as 

established by federal law and Executive Orders, as well as, EPA and DOE program 

recommendations. 

 Green Indoor Environments Program [http://www.epa.gov/iaq/greenbuilding/] provides 

information on building greener, which includes using healthier, less polluting and more 

resource-efficient practices 

 Comprehensive Guide to the Energy Star Program [http://www.energystar.gov/] offers 

information to help businesses and individuals protect the environment through superior 

energy efficiency, including savings associated with heating and cooling systems, lighting, 

and appliances. 

 EPA’s Water Efficiency Program [http://www.epa.gov/owm/water-efficiency/] offers information 

on helping to reduce the need for costly water supply and wastewater treatment facilities 

through water efficiency practices and products. 

 Non-Point Source Pollution Reduction Resources, [http://www.epa.gov/owow/nps/urban.html] 

offers resources including information on low-impact development utilizing/retaining 

stormwater on-site, green roofs, rain gardens. 

 Collecting Rainwater [http://www.cwp.org/Community_Watersheds/brochure.pdf] provides how-toguides on constructing and installing a rain barrel and rain garden. 

 Overview of Environmentally Beneficial and Water Efficient Landscaping

[http://www.epa.gov/greenscapes/] provides resources related to cost efficient and 

environmentally friendly landscaping. 

 Comprehensive Guide to the Green Power Partnership [http://www.epa.gov/greenpower/] by 

offers information everything needed to know about green power and how to purchase it. 

 DOE’s Gateway to Energy Efficiency and Renewable Energy Resources

[http://www.eere.energy.gov/] provides U.S. Department of Energy links to resources related to 

renewable energy. 

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HEALTH CARE AND HOSPITALS

 Hospitals for a Healthy Environment [http://www.h2e-online.org/] is designed to help 

healthcare facilities enhance work place safety, reduce waste and waste disposal costs and 

become better environmental stewards and neighbors. 

 Healthcare Guide to Pollution Prevention Implementation through Environmental 

Management Systems [http://www.epa.gov/region02/healthcare/] is a comprehensive resource for 

understanding the components of an EMS and for developing an EMS specific to a 

healthcare facility. 

 Sustainable Hospitals Project [http://www.sustainablehospitals.org/cgi-bin/DB_Index.cgi] supports 

the healthcare industry with select products and work practices that reduce occupational and 

environmental hazards. 

 EPA’s Profile of the Healthcare Industry

[http://www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/health.html] and the 

Healthcare Environmental Resource Center (HERC) [http://www.hercenter.org/] provide 

detailed compliance and pollution prevention information on the healthcare sector. The 

Healthcare Profile [http://www.hercenter.org/links/] is a good resource for industry, government 

and the public. 

 EPA’s CA COMPASS [http://www.epa.gov/compliance/resources/newsletters/assistance/cacompass2-

2006.pdf] is a newsletter on compliance assistance issues. Spring, 2006 issue focuses on the 

healthcare sector. 

NATIONAL ENVIRONMENTAL POLICY ACT

 EPA’s Office of Federal Activities Web site [http://www.epa.gov/compliance/nepa/index.html] 

provides information on the NEPA compliance program. 

 The White House Council on Environmental Quality’s NEPAnet Tribal Information

[http://ceq.eh.doe.gov/nepa/tribes.htm] provides information on CEQ Guidance and Executive 

Orders Related to Native Americans. 

 NEPA and TEPA handbook. Visit the Web site [http://www.tulalip.nsn.us/index.html] for more 

information. 

 Tribal Environmental Review Clinic

[http://www.tulalip.nsn.us/TERC%20Web%20Pages_files/TERC%20Web%] provides general 

information about a project of the Tulalip Tribes. The TERC is being developed to help 

protect tribal natural and cultural resources through informed and leveraged participation in 

the National Environmental Policy Act (NEPA), and to assist tribes in the development of 

internal environmental review practices (i.e., TEPA-based policies) that meet their 

organizational and cultural needs. 

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SELECTED ENFORCEMENT GUIDANCE RELATED TO INDIAN COUNTRY

 Protecting Public Health and the Environment Through Enforcement and Compliance 

Assurance in Indian Country, A Strategy for Results (March 2004) is provided on the 

Compliance and Enforcement through Tribal Resources Web site 

[http://www.epa.gov/compliance/tribal/strategy.html]. 

 Executive Order 13175, Consultation and Coordination with Indian Tribal Governments

(November 2000) is provided on the Federal Register Environmental Documents Web site 

[http://www.epa.gov/fedrgstr/eo/eo13175.htm]. 

 EPA Policy for the Administration of Environmental Programs on Indian Reservations

(November 8, 1984) Web site [http://www.epa.gov/superfund/tools/topics/relocation/policy.htm] 

provides information about and the text of the policy. 

 Guidance on the Enforcement Principles Outlines in the 1984 Indian Policy (January, 17, 

2001), the EPA’s Tribal Compliance and Enforcement Web site 

[http://www.epa.gov/compliance/tribal/] provides links related to the guidance for the 1984 Indian 

Policy. 

 EPA Region 4 Policy and Practices for Environmental Protection in Indian Country

(November, 2001) [http://www.epa.gov/Region4/indian/r4_policy.html] provides guidance and 

information for employees of Region 4 working with federally recognized tribes. 

 EPA Region 5 Direct Implementation Strategy for Indian Country for Fiscal Year 2005, 

the Region 5 Indian Environmental Office Web site [http://www.epa.gov/Region5/tribes/] 

provides links to the 2005 and 2006 versions of the document. 

 EPA Region 8 Guidance for Compliance Monitoring, Compliance Assistance and 

Enforcement Procedures in Indian Country (January 10, 2001) 

[http://www.epa.gov/region8/tribes/r8enf.html] sets the procedures for compliance assistance and 

enforcement procedures in Region 8 Indian country. 

FEDERAL EXECUTIVE BRANCH RESOURCES

DEPARTMENT OF AGRICULTURE

 Guide to USDA Programs for American Indians and Alaska Natives

[http://www.usda.gov/news/pubs/indians/open.htm] provides links to the document as well as 

information about accessing the document in other media. 

 Forest Service National Resource Guide to American Indian and Alaska Native Relations

[http://www.fs.fed.us/people/tribal/] provides links to the document in pdf format. 

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DEPARTMENT OF COMMERCE

 U.S. Census Bureau’s American Indian and Alaska Native Data and Links

[http://factfinder.census.gov/home/aian/index.html] provides Census data and other information 

links concerning American Indians and Alaska Natives. 

DEPARTMENT OF DEFENSE

 Office of the Deputy Under Secretary of Defense For Installations and Environment

developed the Native American Environmental Tracking System

[https://www.denix.osd.mil/denix/Public/Native/native.html] to track information regarding 

environmental impacts on tribal lands. 

DEPARTMENT OF ENERGY

 Office of Intergovernmental and Public Accountability [http://web.em.doe.gov/public/index.html] 

promotes active public involvement in the Environmental Management planning and 

decision-making processes. The mission of our office is to provide State, Tribal, and local 

governments and other interested stakeholders with opportunities for meaningful 

involvement managing the cleanup and closure of the Nation’s former nuclear weapons 

complex. 

 The Native American Treaties and Agreements [http://www.ci.doe.gov/indianbk.pdf] are a 

collection of Executive Orders, Treaties, Proclamations, and Memorandums concerning 

United States policy on Native American affairs. 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 Indian Health Services’ (IHS) [http://www.ihs.gov/] mission is to raise the physical, mental, 

social, and spiritual health of American Indians and Alaska Natives to the highest level. 

 The National Library of Medicine’s American Indian Health Web site 

[http://americanindianhealth.nlm.nih.gov/] is designed to bring together health and medical 

resources pertinent to the American Indian population, including policies, consumer health 

information, and research. 

 Department of Health and Human Services – Consultation with American Indian/Alaska 

Native Tribes and Indian Organizations

[http://www.ihs.gov/AdminMngrResources/Regulations/deptpolicy.asp] provides information about . 

 Agency for Toxic Substances and Disease Registry’s Office of Tribal Affairs

[http://www.atsdr.cdc.gov/tribal/] assists tribal governments with environmental health issues. 

 The Administration for Native Americans [http://www.acf.hhs.gov/programs/ana/] serves all 

Native Americans, including 562 federally recognized tribes, American Indian and Alaska 

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Native organizations, Native Hawaiian organizations and Native populations throughout the 

Pacific basin (including American Samoa, Guam, and the Commonwealth of the Northern 

Mariana Islands). 

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

 Housing and Urban Development, Office of Native American Programs

[http://www.hud.gov/offices/pih/ih/codetalk/onap/] provides information about safe, decent and 

affordable housing as well as economic opportunities, assistance and development 

information. 

 Code Talk is a federal inter-agency Native American Web site 

[http://www.hud.gov/offices/pih/ih/codetalk/] that provides information for Native American 

communities. Code Talk is hosted by the U.S. Department of Housing and Urban 

Development, Office of Native American Programs. 

DEPARTMENT OF THE INTERIOR

 Bureau of Indian Affairs [http://www.doi.gov/bureau-indian-affairs.html]. 

 Bureau of Land Management [http://www.blm.gov/nhp/index.htm] administers 262 million acres 

of America's public lands, located primarily in 12 Western States. The BLM sustains the 

health, diversity, and productivity of the public lands for the use and enjoyment of present 

and future generations. 

 Tribal Preservation Program of the National Park Service [http://www.cr.nps.gov/hps/tribal/] 

assists Indian tribes in preserving their historic properties and cultural traditions. The Web 

site offers links to cultural resource and historic preservation material. 

 The National Native American Graves Protection and Repatriation Act (NAGPRA) 

[http://www.cr.nps.gov/nagpra/] program assists the Secretary of the Interior with some of the 

Secretary's responsibilities under NAGPRA, and focuses on NAGPRA implementation 

outside of the National Park System. National NAGPRA is a program of the National Park 

Service's National Center for Cultural Resources. 

 Native American Library of the Department of the Interior

[http://library.doi.gov/internet/native.html - news] provides links to a number U.S. Government 

Web sites related to Native Americans. 

 Office of Native American Liaison at the U.S. Fish and Wildlife Service

[http://www.fws.gov/nativeamerican/] identifies areas where both Federal and tribal conservation 

efforts can most effectively conserve fish, wildlife, plants, and their habitats. 

 The Bureau of Reclamation's Native American Program [http://www.usbr.gov/native/] serves 

as the central coordination point for the Native American Affairs Program and is 

Reclamation's policy lead for all Native American issues. 

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 The U.S. Geological Survey’s American Indian/Alaska Native Coordinating Team

[http://www.usgs.gov/indian/] establishes policy and to coordinates USGS activities. 

 U.S. Geological Survey’s Indian Land Maps

[http://rockyweb.cr.usgs.gov/outreach/lewisclark/indianlandsmaps.html] include maps showing the 

results of cases before the U.S. Indian Claims Commission or U.S. Court of Claims in 

which an American Indian tribe proved it’s original tribal occupancy of a tract within the 

continental United States and Indian lands of the United States. 

 American Indian Liaison Office at the National Park Service

[http://www.cr.nps.gov/ailo/ailohome.htm] seeks to improve relationships between American 

Indian Tribes, Alaska Natives, Native Hawaiians and the National Park Service through 

consultation, outreach, technical assistance, education, and advisory services. 

DEPARTMENT OF JUSTICE

 The Office of Tribal Justice (OTJ) [http://www.usdoj.gov/otj/index.html] at the Department of 

Justice provides a single point of contact within the Justice Department for meeting the 

broad and complex federal responsibilities owed to Indian tribes. OTJ, in cooperation with 

the Bureau of Indian Affairs, serves to unify the federal response. 

DEPARTMENT OF LABOR

 Division of Indian and Native American Programs in the Employment & Training 

Administration [http://www.doleta.gov/DINAP/] provides quality employment and training 

services to Native American communities that not only meet regulatory requirements, but 

also are administered in ways that are consistent with the traditional cultural values and 

beliefs of the people they are designed to serve. 

DEPARTMENT OF TRANSPORTATION

 DOT’s Federal Highway Administration [http://www.fhwa.dot.gov/hep/tribaltrans/index.htm] 

provides guidance and technical assistance to tribes about transportation concerns. 

ENVIRONMENTAL PROTECTION AGENCY

 American Indian Environmental Office [http://www.epa.gov/indian/] coordinates the Agencywide effort to strengthen public health and environmental protection in Indian Country, 

with a special emphasis on building Tribal capacity to administer their own environmental 

programs. 

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FEDERAL COMMUNICATIONS COMMISSION

 Federal Communications Commission [http://www.fcc.gov/indians/] is a resource for tribal 

governments, organizations and consumers in expanding telecommunication services in 

Indian country. 

THE ADVISORY COUNCIL ON HISTORIC PRESERVATION

 The Advisory Council on Historic Preservation ‘s [http://www.achp.gov/] mission is to 

promote the preservation, enhancement, and productive use of our Nation's historic 

resources, and advise the President and Congress on national historic preservation policy. 

ACHP Web site offers information on their ACHP Native American Program and related 

Guidance for Federal Agencies and Tribal Historic Preservation Officers. 

UNITED STATES CONGRESS RESOURCES

 United States Senate, Committee on Indian Affairs [http://indian.senate.gov/public/] has 

jurisdiction to study the unique problems of American Indian, Native Hawaiian, and Alaska 

Native peoples and to propose legislation to alleviate these difficulties. These issues 

include, but are not limited to, Indian education, economic development, land management, 

trust responsibilities, healthcare, and claims against the United States. 

 Office of Native American and Insular Affairs – Committee on Resources – United States 

House of Representatives [http://resourcescommittee.house.gov/subcommittees/naia.htm] provides 

links to various government links related to Native American and Insular Affairs. 

 The Library of Congress’ Guide to Law Online [http://www.loc.gov/law/public/law-guide.html] is 

a selective, annotated compendium of Internet links and offers the full texts of laws, 

regulations, and court decisions, along with commentary from lawyers writing primarily for 

other lawyers. Materials related to law and government written by or for laypersons is also 

included, as is government sites providing general information. 

TRIBAL CODES, TRIBAL ENVIRONMENTAL LAWS, AND FEDERAL INDIAN LAW 

 Native American Constitution and Law Digitization Project [http://thorpe.ou.edu/] is a 

cooperative effort among the University of Oklahoma Law Center, the National Indian Law 

Library (NILL), and Native American tribes providing access to the Constitutions, Tribal 

Codes, and other legal documents. 

 Cornell Legal Information Institute’s Web site 

[http://www.law.cornell.edu/wex/index.php/Indian_law] contains a list of legislation that pertains to 

Indian Law, with links to the full text of the legislation. 

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 University of North Dakota’s Tribal Environmental Law Project

[http://www.law.und.edu/npilc/telp/index.php] focuses on environmental justice concerns in Indian 

Country. 

 Findlaw's Subject Guide to Indian Law Web site 

[http://www.findlaw.com/01topics/21Indian/index.html] includes summaries of law, links to 

documents, briefs, articles and books, message boards, and firms online. 

 Tribal Environmental Law Virtual Library at Vermont Law School

[http://www.vermontlaw.edu/elc/index.cfm?doc_id=166] offers tribal codes, rules, and laws. Also 

included are “model" or "template" codes and analytical papers by scholars and 

practitioners. 

 Handbook of Federal Indian Law by Felix S. Cohen [http://thorpe.ou.edu/cohen.html] provides 

links to the contents of the Handbook. 

 National Tribal Environmental Council [http://www.ntec.org/] is a resource for all federally 

recognized tribes. 

 University of Colorado at Boulder’s Native American Treaties and Information Web site 

[http://ucblibraries.colorado.edu/govpubs/us/native.htm] provides links and citations to library 

resources. 

 Tribal codes and constitutions provided by the tribes under the auspices of the National 

Indian Law Library and its partners - the National Tribal Justice Resource Center and the 

University of Oklahoma Law Library. 

• Constitutions – [http://www.narf.org/nill/triballaw/onlinedocs.htm#constitutions] 

• Codes – [http://www.narf.org/nill/triballaw/onlinedocs.htm#codes] 

 Tribal Court Clearinghouse [http://www.tribal-institute.org/] is designed as a resource for tribal 

justice systems and others involved in the enhancement of justice in Indian country. 

 Tribal Ordinance/Code Development Resources of the Institute for Tribal Environmental 

Professionals at Northern Arizona University [http://www4.nau.edu/eeop/tocd_resources.html] 

provides links to other Tribal Ordinance/Code Development Resources. 

 Building Support for the Development of the Hualapai Tribal Court by Michael S. 

Goldstein. The Harvard Project on American Indian Economic Development 

[http://www.ksg.harvard.edu/hpaied/pubs/pub_061.htm] provides a link to the document. 

LINKS TO TRIBAL GOVERNMENT WEB SITES

 Tribal Directory from The American Indian Heritage Foundation Web site 

[http://www.indians.org/Resource/FedTribes99/fedtribes99.html] provides additional information. 

 EPA Region 10's links to federally-recognized Indian tribes. The Tribal Governments and 

Organizations’ Web sites 

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[http://yosemite.epa.gov/r10/tribal.nsf/4b1d54516ad8884f8825682400645235/65102c0495a7764e8825696e0

07a7e9a?OpenDocument] provides more information. 

OTHER ENVIRONMENTAL WEB SITES

 NativeWeb [http://www.nativeweb.org/info/] is an international, nonprofit, educational 

organization dedicated to using telecommunications to disseminate information from and 

about indigenous nations, peoples, and organizations around the world; to foster 

communication between native and non-native peoples; to conduct research involving 

indigenous peoples' usage of technology and the Internet; and to provide resources, 

mentoring, and services to facilitate indigenous peoples' use of this technology. 

 Native Americas Journal is the award-winning publication of Akwe:kon Press of the 

American Indian Program at Cornell University. It features articles that cover the most 

important and critical issues of concern to Native American peoples throughout the Western 

Hemisphere. 

 WWW Virtual Library - American Indians [http://www.hanksville.org/NAresources/] is an index 

of Native American Resources on the Internet. 

 Native Americans and the Environment [http://www.cnie.org/NAE/] is a non profit seeking to 

educate the public on environmental problems in Native American communities; explore 

the values and historical experiences that Native Americans bring to bear on environmental 

issues; to promote conservation measures that respect Native American land and resource 

rights. 

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Appendix F 

APPENDIX F. EPA FINANCIAL ASSISTANCE RESOURCES 

This appendix provides information on EPA financial resources for tribes. This resource list is 

not exhaustive. References to the online Catalogue of Federal Domestic Assistance (CFDA) 

[http://12.46.245.173/cfda/cfda.html] are provided to facilitate access to a database of federal program 

financial assistance. For EPA-specific funding opportunities go to the Find Current Funding 

Opportunities Web site [http://www.epa.gov/ogd/grants/funding_opportunities.htm] or contact the people 

listed in Appendix B. 

AIR RESOURCES

 Indoor Air Quality Grants Concerning EPA Surveys, Studies, Investigations, 

Demonstrations and Special Purpose Activities Relating to the Clean Air Act – Section 103 

(CFDA: 66.034) 

Purpose: Support indoor environment demonstration projects, outreach and training, 

surveys, studies, investigations, demonstrations and special purpose assistance relating to 

the causes effect, extent, prevention, and control of air pollution. 

Contact: Regional Air Program Contacts. 

 The Air Pollution Control Program Support Clean Air Act, Section 105 Air Program 

(CFDA: 66.001) 

Purpose: Assists in planning, developing, establishing, improving, and maintaining 

adequate programs for prevention and control of air pollution or implementation of national 

primary and secondary air quality standards. 

Contact: Regional Air Program Contacts or the Office of Air and Radiation 

 Air Pollution Control Research Environmental Protection Consolidated Research (CFDA: 

66.500) 

Purpose: Supports research to determine the environmental effects of air quality, drinking 

water, water quality, hazardous waste, toxic substances and pesticides; to identify, develop 

and demonstrate necessary and effective pollution control techniques and to explore and 

develop strategies and mechanisms for environmental management decisions. 

Contact: EPA Regional Office 

 The Tribal Community: Reducing Toxic Air Pollutants Project 

Purpose: Provides funds for projects to conduct education, training, and outreach on the 

application of voluntary methods that reduce the risk of human exposure to air pollutants in 

tribal communities. 

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Contact: The Tribal Community: Reducing Toxic Air Pollutants Project document 

[http://www.epa.gov/air/grants/05-07.pdf] and the Grants and Funding Web site 

[http://www.epa.gov/air/grants_funding.html - indoor] 

 Indoor Radon Grants (CFDA: 66.032) 

Purpose: Supports the development and implementation of radon programs and projects 

reducing radon risks. 

Contact: Regional Air Program Contacts or EPA Headquarters at (202) 564-9439. 

MULTIMEDIA RESOURCES

 The Indian Environmental General Assistance Program (GAP) (CFDA: 66.926) 

Purpose: Provides grants to tribes and intertribal consortia to build capacity to administer 

environmental regulatory programs, funds development of multimedia programs to address 

environmental issues, including the planning, developing and establishing the 

administrative, technical, legal, enforcement, communications, and environmental 

education and outreach structure of these programs. 

Contact: EPA’s American Indian Environmental Office (202) 564-0303, Regional Tribal 

Contacts, or the The Indian Environmental General Assistance Program (GAP) (CFDA: 

66.926) Document [http://www.epa.gov/indian/pdfs/gap2000.pdf] 

 Performance Partnership Grants (CFDA: 66.605) 

Purpose: Provide tribes and states with greater flexibility to address their highest 

environmental priorities, improve environmental performance, achieve administrative 

savings, and strengthen partnerships between EPA and the states or tribes. PPGs are an 

alternative assistance delivery mechanism and do not represent funding in addition to 

grants provided under individual authorities. Recipients can conduct activities in multiple 

areas and combine two or more of twenty different EPA grants, including GAP resources. 

Contact: The Performance Partnership Grants (CFDA: 66.605) Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.605] 

 Direct Implementation Tribal Cooperative Agreements (CFDA: 66.473) 

Purpose: Allow tribes and intertribal consortia to help EPA implement federal 

environmental programs in Indian country, notwithstanding the Federal Grant and 

Cooperative Agreement Act. DITCAs are negotiated between EPA and tribes and can help 

tribes build the capacity to carry out specific activities for EPA with EPA retaining final 

decision-making authority and ultimate responsibility for the environmental programs 

including all regulatory activities. 

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Contact: Regional Indian Program Contacts and the Direct Implementation Tribal 

Cooperative Agreements (CFDA: 66.473) 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.473] 

 Bio Watch Cooperative Agreements – CAA 103(b)(3) (CFDA: 66.500) 

Purpose: Supports research to determine the environmental effects of air quality, drinking 

water, water quality, hazardous waste, toxic substances and pesticides; identify, develop, 

and demonstrate necessary and effective pollution control techniques; and explore and 

develop strategies and mechanisms for those in the economic, social, governmental and 

environmental systems to use in environmental management decisions. 

Contact: The EPA Needs to Fulfill Its Designated Responsibilities to Ensure Effective 

BioWatch Program document [http://www.epa.gov/oig/reports/2005/20050323-2005-P-00012-

Gcopy.pdf] 

 The Five Star Restoration Matching Grants Program 

Purpose: Supports community-based wetland, riparian, and coastal habitat restoration 

projects that build diverse partnerships and foster local natural resource stewardship 

through education, outreach and training activities. 

Contact: The Five Star Restoration Matching Grants Program Web site 

[http://www.epa.gov/region4/oeapages/00press/000530.htm] 

 Environmental Information Exchange Network Grant Program (CFDA: 66.608) 

Purpose: Facilitates electronic exchange of environmental, health, and geographic data to 

make it easier for EPA and its partners on the Exchange Network to obtain the timely and 

accurate information needed to make better decisions. In FY 2006, grant funds will be 

provided to develop information management technology capability and data exchange 

(including geospatial), analysis, and integration capabilities. The funding will also support 

mentoring, planning and training activities related to the Exchange Network. 

Contact: Environmental Information Exchange Network Grant Program 

[http://www.epa.gov/exchangenetwork/grants/] 

 Community Action for a Renewed Environment (CFDA: 66.035) 

Purpose: Supports analyses, studies, evaluations, surveys, investigations, conferences, 

demonstrations and special purpose projects to reduce risks from exposures to toxic 

pollutants in the air, in the water, and on the land through collaborative action at the local 

level. Development a comprehensive understanding of all sources of risk from toxics and 

set priorities for effective action. Creation self-sustaining community-based partnerships 

that will continue to improve local environments. 

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Contact: Community Action for a Renewed Environment Program Document 

[http://www.epa.gov/air/grants/05-08.pdf] 

 Environmental Policy and Innovation Grants (CFDA: 66.611) 

Purpose: Supports activities that reduce pollutants generated and increase conservation of 

natural resourcesmprove economic information and analytic methods to support projects on 

the benefits, costs and impacts of environmental programs and on incentive-based and 

voluntary environmental management strategies and mechanisms. 

Contact: The Environmental Policy and Innovation Grants Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.611] 

 The Environmental Justice Cooperative Agreements Program (CFDA: 66.306) 

Purpose: Provide financial assistance to eligible community-based organizations working 

on or planning to work on projects to address local environmental and/or public health 

concerns, using EPA’s “environmental justice collaborative problem-solving model.” 

Contact: The Collaborative Problem-Solving Cooperative Agreements Program Web site 

[http://www.epa.gov/compliance/environmentaljustice/grants/ej-cps-grants.html] 

 The Office of Environmental Justice Small Grant Program (CFDA: 66.604) 

Purpose: Provides financial assistance to eligible community groups with projects that 

address environmental justice issues. 

Contact: The EJ Small Grants Program Web site 

[http://www.epa.gov/compliance/environmentaljustice/grants/ej-smgrants.html] 

 The Guide to Federal Grant Resources for Community Organizations, Tribal 

Organizations, and Tribal Governments 

Purpose: Identifies 44 federal environmental protection grants. For each grant, it provides 

objectives, financial information, eligibility requirements, contact points, and more. 

Additional sections advise applicants on preparation of grant proposals, budgeting for 

projects, and completing standard forms. 

Contact: The Plains States Tribes' Guidebook of Agencies/Colleges Providing Assistance 

in Environmental and Water Resources Issues Web site 

[http://www.mnisose.org/guidebook/gbindex.htm] 

 The EPA Grant Writing Tutorial 

Purpose: Contains interactive software that walks users through the grant-writing process 

and helps them learn to write more competitive grants. Program includes: detailed 

information and tips on writing a grant proposal, how to complete a grant application 

package, program-specific sections on three EPA grant programs environmental justice, 

environmental justice through pollution prevention, and environmental education. 

April 2007 www.epa.gov/compliance/tribal/resources Appendix F: page 4 
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Contact: The Grant Writing Tutorial Web site 

[http://www.purdue.edu/dp/envirosoft/grants/src/msieopen.htm] 

EDUCATIONAL RESOURCES

 Environmental Education and Training Program & Partnership (CFDA: 66.950) 

Purpose: Trains educational professionals in the development and delivery of 

environmental education programs. 

Contact: The Educator Training Program (CFDA: 66.950) Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.950] and the Educator Training Program Web site 

[http://www.epa.gov/enviroed/educate.html] or Kathleen MacKinnon at: mackinnon.kathleen@epa.gov 

 The Environmental Education Grant Program (CFDA: 66.951) 

Purpose: Supports creation of environmental education programs that enhance critical 

thinking and problem solving skills. Supports projects to design, demonstrate, and 

disseminate information related to environmental education and teacher training. 

Contact: The Environmental Education Grant Program Web site 

[http://www.epa.gov/enviroed/grants.html] 

 Children’s Health Protection (CFDA: 66.609) 

Purpose: Supports efforts by government organizations and educational institutions to 

establish or enhance their ability to take actions that will reduce environmental risks to the 

health of children or elderly population. 

Contact: The Children’s Health Protection Web site 

[http://yosemite.epa.gov/ochp/ochpweb.nsf/content/grants.htm] 

RESEARCH & SCIENCE

 The Science To Achieve Results (STAR) Program (CFDA: 66.509) 

Purpose: Supports research on environmental and human health effects of air quality, 

drinking water, water quality, hazardous waste, toxic substances, and pesticides. Supports 

research to explore and develop strategies and mechanisms for those in the economic, 

social, governmental, and environmental systems to use in environmental management 

decisions. 

Contact: The Science To Achieve Results (STAR) Program Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.509] 

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 Office of Research and Development Consolidated Research: Surveys, Studies, 

Investigations and Special Purpose Grants (CFDA: 66.511) 

Purpose: Supports surveys, studies and investigations and special purpose assistance to 

determine the environmental effects of air quality, drinking water, water quality, hazardous 

waste, toxic substances, and pesticides; and identify, develop, and demonstrate effective 

pollution control techniques; and perform risk assessments to characterize the potential 

adverse health effects of human exposures to environmental hazards. 

Contact: The National Center for Environmental Research (NCER) Web site 

[http://es.epa.gov/ncer/] 

 Environmental Protection Consolidated Research (CAA 103, CWA 104, SWDA 8001, 

SDWA 1442, FIFRA, TSCA, CERCLA, MPRSA, NEPA) (CFDA: 66.510) 

Purpose: Supports research on environmental effects of air quality, drinking water, water 

quality, hazardous waste, toxic substances and pesticides; to identify, develop and 

demonstrate necessary and effective pollution control techniques; and to explore and 

develop strategies and mechanisms for those in the economic, social, governmental and 

environmental systems to use in environmental management decisions. 

Contact: The Survey, Studies, Investigations and Special Purpose Grants in the Office of 

Research and Development Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.510] 

 Surveys, Studies, Investigations and Special Purpose Grants (CFDA: 66.606) 

Purpose: Support surveys, studies, investigations, and special purpose assistance for the 

award of Congressional earmarks and multimedia grants only. 

 Surveys, Studies, Investigations and Special Purpose Grants within the Office of the 

Administrator (CFDA: 66.610) 

Purpose: Support surveys, studies and investigations, and special purpose assistance 

associated with air quality, acid deposition, drinking water, water quality, hazardous waste, 

toxic substances, and pesticides. 

Contact: The Surveys, Studies, Investigations and Special Purpose Grants Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.610] and the Small and Disadvantaged Business Utilization Web site 

[http://www.epa.gov/osdbu/] 

 International Financial Assistance Projects (CFDA: 66.93) 

Purpose: Support assistance projects relating to the protection of the health and welfare of 

our citizens and of all people. 

April 2007 www.epa.gov/compliance/tribal/resources Appendix F: page 6 
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Contact: The International Financial Assistance Projects Web site 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.931] and the International Affairs Web site [http://www.epa.gov/oia/] 

 Environmental Policy and State Innovation Grants (CFDA: 66.940) 

Purpose: Support analyses, studies, evaluations, and conferences that lead to reduced 

pollutants generated and conservation of natural resources. To promote comprehensive, 

cross-media approaches that encourage and promote stewardship programs that reflect 

"beyond compliance" behavior and offer incentives or rewards for superior environmental 

performance. To encourage and promote change that is systems-oriented and enables 

better results. 

Contact: The State Innovation Grants Web site [http://www.epa.gov/innovation/stategrants/] 

PESTICIDE RESOURCES

 The National Agriculture Compliance Assistance Center [http://www.epa.gov/agriculture/] 

provides comprehensive information about financial resources. Created by EPA with the 

support of the Department of Agriculture. 

 Tribal Grants for Surface and Groundwater Protection, Pesticide Management Planning 

Purpose: Provide technical assistance and cooperative agreements for enforcement 

certification and training and pesticide program initiatives in groundwater, endangered 

species, and worker protection programs. 

Contact: The Catalog of Federal Funding Sources for Watershed Protection Web site 

[http://cfpub.epa.gov/fedfund/program.cfm?prog_num=58] 

 Tribal Pesticide Program Support 

Purpose: Helps to build comprehensive pesticide programs through purchasing inspection 

and laboratory supplies and equipment and reimbursing grant-related travel, per diem 

expenses, salaries, and administrative costs. 

Contact: The Tribal Pesticide Program Grants Web site 

[http://www.epa.gov/oppfead1/tribes/grants.htm] 

LEAD RESOURCES

 The Lead Program, and organizations such as the National Lead Information Center 

(NLIC) [http://www.epa.gov/lead/pubs/leadpbed.htm - grants], ensure that individuals conducting 

lead-based paint activities in target housing and child-occupied facilities are properly 

trained and certified. 

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 The Occupational Health and Safety Organization’s Web site 

[http://www.osha.gov/SLTC/lead/index.html] addresses regulatory issues associated with lead in 

the workplace. 

WASTE RESOURCES

SOLID WASTE 

 Grant Resources for Solid Waste Activities in Indian Country - August, 1998 

Purpose: Identifies financial assistance opportunities for solid waste management 

programs, including specific information explaining how to obtain tax-exempt status for 

organizations, locating other grant resources, and preparing successful grant proposals. 

Contact: The Grant Resources for Solid Waste Activities in Indian Country section of the 

Grants and Funding Web site [http://www.epa.gov/epaoswer/non-hw/tribal/finance.htm - epa_pubs] 

 Preparing Successful Grant Proposals 

Purpose: Describes application procedures for solid waste management grants. Provides 

tips for preparation and writing of proposals, resources for identifying grantors, a check list 

for grant proposal writing, and a case study describing the Sitka Tribe of Alaska’s 

successful grant proposal, Jobs Through Recycling. Document Number EPA530-F-97-051. 

Contact: The Preparing Successful Grant Proposals Web site 

[http://www.epa.gov/tribalmsw/pdftxt/metagran.txt] 

 Interagency Project to Clean Up Open Dumps 

Purpose: Assists with the closure or upgrade of open dumpsites and completing and 

implementing comprehensive, integrated waste management plans. 

Contact: Regional solid waste Contacts or the Grants and Funding Web site 

[http://www.epa.gov/epaoswer/non-hw/tribal/finance.htm - fy2005] 

 Solid Waste Resource Guide for Native Americans: Where to Find Funding and Technical 

Assistance, Spring 1994 

Purpose: Identifies potential sources of federal financial and technical assistance for safely 

managing solid waste, implementing the requirements of RCRA, and enhancing tribal 

capability. 

Contact: The Office of Solid Waste and Emergency Response, RCRA Information Center 

at (800) 424-9346 or rcra-docket@epamail.epa.gov 

 The Rural Community Assistance Partnership (RCAP) 

Purpose: Provides technical, financial management, and managerial support and training to 

tribal and rural communities with populations under 10,000. 

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Contact: The RCAP Web site [http://www.rcap.org/swp.html] 

HAZARDOUS WASTE

 The Hazardous Waste Grant Program 

Purpose: Encourages comprehensive integrated hazardous waste management practices by 

building tribal capacity for developing and implementing hazardous waste activities, 

developing tribal organizational infrastructure, achieving sustainable hazardous waste 

programs, and building partnerships among tribes, federal agencies, states and local 

communities. 

Contact: Regional hazardous waste tribal program contacts or the Hazardous Waste Grant 

Program section of the Grants and Funding Web site [http://www.epa.gov/tribalmsw/finance.htm -

hazard] 

POLLUTION PREVENTION

 Grants for Environmental Justice Through Pollution Prevention 

Purpose: Provide financial assistance to community groups and Tribal governments for 

projects that address environmental justice and use pollution prevention activities as the 

proposed solutions. 

Contact: EPA Regional Indian Contacts and the Grants and Fellowship Information Web 

site [http://www.epa.gov/ogd/grants/information.htm] 

WATER RESOURCES

WATER QUALITY STANDARDS

 Water Quality Funding Opportunities 

Purpose: Provide financial assistance for the prevention, reduction and elimination of water 

pollution. Grants may fund a variety of projects for the protection of water quality, 

including developing water quality standards, conducting stream bioassessment surveys, 

gathering baseline water quality data, and developing a water classification system. 

Contact: The Funding for Tribal Water Quality Program Development Web site 

[http://epa.gov/waterscience/tribes/fund.htm] 

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WATER POLLUTION

 Clean Water Tribal Resource Directory for Wastewater Treatment Assistance 

Purpose: Assists in identifying sources of financial and technical assistance for Tribal 

wastewater treatment programs and infrastructure. Note: Currently being updated. 

Contact: The Clean Water Tribal Resource Directory for Wastewater Treatment Assistance 

Web site [http://www.epa.gov/OW-OWM.html/mab/indian/cwtrd.htm] 

 Water Pollution Control Program Grants - CWA Section 106 

Purpose: Assists tribes in carrying out effective water pollution control programs by 

funding a wide range of water quality activities including: water quality planning and 

assessments; development of water quality standards; ambient monitoring; development of 

total maximum daily loads; issuing permits; groundwater and wetland protection; nonpoint 

source control activities (including nonpoint source assessment and management plans). 

Contact: The Clean Water Act Section 106 Tribal Pollution Grant Control Program Web 

site [http://www.epa.gov/owm/mab/indian/cwa106.htm] 

 The Clean Water Act Indian Set-Aside Program 

Purpose: Provides grants for planning, designing, and constructioning wastewater treatment 

systems. Funds originate from a 1.5 percent set-aside from the Clean Water State 

Revolving Fund (CWSRF), and are allocated among the EPA regions based on 

proportionate share of total wastewater facility need as determined by the U.S. Indian 

Health Service (IHS) using their Sanitation Deficiency System (SDS). EPA regional 

coordinators then develop agreements with IHS and tribes to commit funds to specific 

projects. Eligible projects include interceptor sewers, wastewater treatment facilities, 

infiltration/inflow correction, collector sewers, major sewer system rehabilitation, and 

correction of combined sewer overflows. 

Contact: The Clean Water Indian Set-Aside Grant Program Web site 

[http://www.epa.gov/owm/mab/indian/cwisa.htm] 

WATERSHED PROGRAMS

 The Alaskan Native Village and Rural Communities Sanitation Grant Program 

Purpose: Assists Alaskan Native Villages and Alaska rural communities with the 

construction of new or improved drinking water and wastewater sanitation systems. Grants 

are awarded by EPA to the State of Alaska, who administers the funds through the Village 

Safe Water Program [http://www.dec.state.ak.us/water/vsw/]. A portion of EPA's funding is also 

used to provide training and technical assistance in the operations and maintenance of 

treatment systems. 

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Contact: The Alaskan Native Village and Rural Communities Sanitation Grant Program 

Web site [http://www.epa.gov/owm/mab/indian/anvrs.htm] 

 Nonpoint Source Implementation Grants - CWA Section 319 

Purpose: Implement nonpoint source projects and programs to address nonpoint source 

pollution, including runoff from urban areas, farms, feedlots, abandoned mines, and forest 

operations. Fund activities including information and education, demonstration projects, 

and implementation of Best Management Practices for controlling nonpoint sources of 

pollution. Eligibility depends on tribe having “treatment-as-a-State” status and an EPAapproved nonpoint source assessment and nonpoint source management plan. 

Contact: The Funding Opportunities Web site [http://www.epa.gov/owow/nps/funding.html] 

 Catalog of Watershed Assistance Grants 

Purpose: Highlights federal grants and loans to support watershed projects and provides 

references to other publications and Internet sites that provide information about funding 

and technical assistance. 

Contact: The Catalog of Watershed Assistance Grants Web site 

[http://www.epa.gov/owow/watershed/wag/]. 

 Water Quality Cooperative Agreements/Grants - CWA Section 104(b)(3) 

Purpose: Support developing, implementing, and demonstrating innovative approaches 

relating to the causes, effects, extent, prevention, reduction and elimination of pollution 

related to watershed approaches for combined sewer overflow, sanitary sewer overflows, 

and storm water discharge problems, pretreatment and sludge (biosolids) program 

activities, decentralized systems, and alternative ways to measure the effectiveness of point 

source programs. 

Contact: The Water Quality Cooperative Agreements/Grants - CWA Section 104(b)(3) 

Web site [http://www.epa.gov/OW-OWM.html/mab/indian/sec104.htm] 

WETLANDS

 Wetlands Program Development Grants 

Purpose: Conduct projects that promote the coordination and acceleration of research, 

investigations, experiments, training, demonstrations, surveys, and studies relating to the 

causes, effects, extent, prevention, reduction, and elimination of water pollution. 

Contact: The Wetlands Program Development Grants Web site 

[http://www.epa.gov/owow/wetlands/grantguidelines/]. 

 The North American Wetlands Conservation Act Grants Program 

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Purpose: Develops partnerships focusing on protecting, restoring, and/or enhancing critical 

habitat. Project must support long-term wetlands acquisition, restoration, and/or 

enhancement. 

Contact: U.S. Fish and Wildlife Service, Department of the Interior. David Buie at 

david_buie@fws.gov, (301) 497-5870 or Keith Morehouse at keith_morehouse@fws.gov, (703) 

358-1888, or the USFWS Grants at a Glance Web site [http://www.fws.gov/grants/ ] 

 The State/Tribal Environmental Outcome Wetland Demonstration Program Grant Pilot 

Purpose: Demonstrates the extent to which wetland program implementation achieves 

positive environmental outcomes - in particular, no net loss, net gain and protection of 

vulnerable wetlands. Section 104(b)(3) of the Clean Water Act. 

Contact: The State/Tribal Environmental Outcome Wetland Web site 

[http://www.epa.gov/owow/wetlands/grantpilot/index.html] 

 Water Resources on Indian Lands (CFDA: 15.037) 

Purpose: Funds specific water resource projects, as well as to support the collection and 

analysis of baseline data and to facilitate litigation and negotiation activities, including 

analysis of water, assessment of water quality, ecosystem development, and classification 

of aquifers. 

Contact: U.S. Department of the Interior, Bureau of Indian Affairs, Division of Water and 

Land Resources, Branch of Agriculture, (202) 208-6042 

UNDERGROUND INJECTION CONTROL PROGRAM

 Tribal Underground Injection Control Grants Program 

Purpose: Supports Tribal UIC programs to protect drinking water sources. Theses funds 

should be used for Class V implementation, including Class V inventories, or UIC Primacy 

grants when necessary, unless a clear rationale exists to apply it to other classes. 

Contact: UIC Tribal Grant Program Web site [http://www.epa.gov/safewater/uic/tribal.html]. 

WATER EMERGENCIES

 The Hazard Mitigation Grant Program 

Purpose: Helps implement long-term hazard mitigation measures after a major disaster has 

been declared. 

Contact: (202) 646-4621 or the FEMA Mitigation Division Web site 

[http://www.fema.gov/about/divisions/mitigation/mitigation.shtm] 

 The Abandoned Mine Land Reclamation Grant Program 

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Purpose: Supports administrative costs, construction work to reclaim abandoned mine sites, 

emergency program administration and project construction costs, acid mine drainage, 

establish a self-sustaining program to provide insurance against coal-mining-related 

subsidence, and clean streams activities. 

Contact: Indian Regulatory Program Web site [http://www.osmre.gov/grantsprograms.htm]. 

DRINKING WATER

 Drinking Water State Revolving Fund (DWSRF) Tribal Set-Aside Program (formerly 

SDWA Section 1452(I) Drinking Water Infrastructure Grants - Tribal Set-Aside Program) 

Purpose: EPA sets aside 1.5 percent of the total Drinking Water State Revolving Fund 

allocation for infrastructure improvements to public drinking water systems that serve 

tribes. The funds are allotted among the EPA regional offices. The regional offices then 

identify potential projects and make awards based on a priority setting process that each 

region has developed for its own program. Projects must address an existing drinking water 

quality problem and identify how the proposed project will improve the quality of drinking 

water to comply with Safe Drinking Water Act primary or secondary standards. 

Contact: DWSRF Web site [http://www.epa.gov/safewater/dwsrf/allotments/tribes/index.html]. 

ENFORCEMENT AND COMPLIANCE ASSURANCE PROGRAM

 Toxic Substances Control Act (TSCA) State and Tribal Assistance Grants (CFDA: 66.707) 

Purpose: Help establish and operate compliance-monitoring programs to conduct 

inspections for compliance with polychlorinated biphenyl (PCB) regulations, asbestos-inschools requirements, and lead-based paint regulations. 

Contact: TSCA Web site [http://www.epa.gov/compliance/state/grants/tsca.html]. 

 Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) State and Tribal Assistance 

Grants (CFDA: 66.700)

Purpose: Assist in developing and maintaining comprehensive pesticide programs that 

address all aspects of pesticide enforcement, and special pesticide initiatives; sponsor 

cooperative surveillance, monitoring and analytical procedures; and encourage regulatory 

activities. 

Contact: FIFRA Web site [http://www.epa.gov/compliance/state/grants/fifra.html] 

 Multi-media State and Tribal Assistance Grants (STAG), (CFDA: 66.709) 

Purpose: Build and improve capacity by providing assistance agreements to foster 

environmental enforcement and compliance assurance activities and to improve compliance 

with environmental laws. Such capacity building efforts may include economic, social 

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science, statistical research, development, studies, surveys, demonstrations, investigations, 

public education, training, and fellowships. 

Contact: Multi-media STAG Web site [http://www.epa.gov/compliance/state/grants/stag/index.html]. 

 The Compliance Assistance Support for the Regulated Community (CFDA: 66.305) 

Purpose: Provides financial assistance to private nonprofit institutions, universities, and 

public agencies to improve environmental compliance and to create compliance assistance 

tools utilizing industry and commercial communication channels. 

Contact: Compliance Assistance Support 

[http://12.46.245.173/pls/portal30/CATALOG.PROGRAM_TEXT_RPT.SHOW?p_arg_names=prog_nbr&p

_arg_values=66.305] and the Compliance Assistance Centers [http://www.assistancecenters.net/]. 

 Capacity Building Grants and Cooperative Agreements for Compliance Assurance and 

Enforcement Activities in Indian Country and Other Tribal Areas (CFDA: 66.310) 

Purpose: Build and improve the capacity of tribes, inter-tribal consortia, or tribal 

organizations by providing financial resources to foster environmental enforcement and 

compliance assurance activities and to improve compliance with environmental laws. 

Contact: Office of Enforcement and Compliance Assurance at (202) 564-2516. 

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Appendix G 

APPENDIX G. ECONOMIC BENEFITS OF BUILDING GREEN

This appendix provides information on the economic benefits of building green. EPA’s Green 

Building program [http://www.epa.gov/opptintr/greenbuilding/index.htm] and the Department of 

Energy’s Energy Efficiency Portal [http://www.eere.energy.gov/] are two examples. 

 Buildings and Life-Cycle Costing [http://irc.nrc-cnrc.gc.ca/cbd/cbd212e.html] provides 

information on the economic evaluation of these costs to give those involved in the design 

and ownership of a building some basis for selecting the best investment in buildings or 

building systems. 

 Costing Green: A Comprehensive Cost Database and Budgeting Methodology

[http://davislangdon-usa.com/Attachment Files/Research/costinggreen.pdf] is a paper that provides an 

economic evaluation of the costs to give those involved in the design and ownership of a 

building some basis for selecting the best investment in buildings or building systems. 

(July 2004) 

 Economic Benefits of Green Building Design

[http://www.ciwmb.ca.gov/greenbuilding/design/EcoBenefits.ppt] is a presentation for government 

decisionmakers. 

 Actual Costs-Is Building Green too Expensive?

[http://www.housingzone.com/topics/nahb/green/nhb00ca029.asp] is an excerpt from the book 

Building Green in a Black and White World. 

 General Services Agency LEED Cost Study [http://www.wbdg.org/ccb/GSAMAN/gsaleed.pdf] 

provides comprehensive analysis the costs to develop “green” federal facilities using the 

U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) 

Building Rating System, Version 2.1. (October 2004) 

 Managing the Cost of Green Buildings

[http://www.ciwmb.ca.gov/greenbuilding/design/ManagingCost.pdf] provides general cost-saving 

strategies for green building, and by exploring the cost issues associated with four specific 

building types in the context of the green building rating systems. (October 2003) 

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 What Every State Executive Should Know About Sustainable Buildings 

[http://www.ciwmb.ca.gov/greenbuilding/design/Managers.ppt] information from California on what 

are sustainable buildings, how sustainable buildings create a healthier workplace, and the 

executive’s role in promoting sustainable building practices. 

 New Air Quality Standards Report Knocks Down Economic Stumbling Blocks to Green 

Building [http://aqs.com/DesktopDefault.aspx] provides evidence that building green is not cost 

prohibitive. 

 Life-Cycle Cost Programs for the Federal Energy Management Program

[http://www1.eere.energy.gov/femp/information/download_blcc.html] is a program developed by the 

U.S. National Institute of Standards and Technology to provide computational support for 

the analysis of capital investments in buildings. 

 U.S. EPA’s Energy Star Building Manual: Financing

[http://www.resourcesaver.org/file/toolmanager/O16F21669.pdf] provides information on how energy 

performance projects may be different from many other business investments and how to 

finance energy efficient purchases. 

 Energy-10: Tool to Identify Cost-effective, Energy Saving Measures

[http://www.nrel.gov/buildings/energy10.html] is a PC-based design tool for architects and 

building designers of small commercial and residential buildings. 

 RETScreen Renewable Energy Project Analysis Software

[http://www.retscreen.net/ang/home.php] offers information to build the capacity of planners, 

decision-makers and industry to implement renewable energy and energy efficiency 

projects. 

 CFL Economics: Lifetime Economics of Compact Fluorescent Lamps and Incandescent 

Lamps [http://www.susdesign.com/cfl/] enables users to determine, among other things, at what 

point in time the lower operating cost of a more efficient lamp offsets its typically higher 

purchase price. 

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Appendix H 

APPENDIX H. POLLUTION PREVENTION SUCCESS STORIES

This appendix provides examples of successful pollution prevention projects implemented by 

tribes. While not an exhaustive list, these success stories provide a survey of the range of 

activities into which pollution prevention can be incorporated and demonstrate the multiple 

benefits – resource conservation, regulatory compliance, cost savings – of incorporating 

pollution prevention into all operations. Tribes can find additional pollution prevention 

examples, information resources, and share their own success stories at the Tribal Pollution 

Prevention Web site [http://www.tribalp2.org/]. Tribes and others can also join the Tribal P2 

Workgroup [http://www.tribalp2.org/subscribe.php]. 

Green Building: Baca/Dlo’ay azhi Community School 

The Leadership in Energy and Environmental Design Certified Baca Dlo’ay azhi Community 

School [http://leedcasestudies.usgbc.org/overview.cfm?ProjectID=387], on the Navajo Nation reservation 

in Prewitt, New Mexico, serves students in kindergarten through grade six. The 78,900 ft2

building incorporates Native American cultural concepts, including an orientation that reflects 

the meanings associated with the four cardinal directions. The school employs daylighting, lowemissivity windows, shading, an efficient mechanical system, and a sophisticated energymanagement system; energy use at the school is expected to be 20% below that of a minimally 

code-compliant facility. The school is also expected to use 30% less water than a conventional 

facility. Materials were selected for their recycled content and proximity to the building site. 

Daylighting, air filtration, a track-off entryway system, and a green housekeeping plan contribute 

to a healthy indoor environment. 

Green Building: Hopi Nation Straw Bale Home 

Red Feather Development Group is a nonprofit whose mission is to educate and empower 

American Indian nations to create sustainable solutions to the severe housing crisis in reservation 

communities. They teach affordable, replicable and sustainable approaches to home 

construction. As part of Red Feather’s Elder Housing Initiative, a strawbale home was recently 

completed on the Hopi Reservation 

[http://homes-across-america.org/search/details.cfm?who=161&Feature=all&action=showDetails&Query=byState]. 

It was built as a replicable model to introduce straw bale homes as a viable solution and provide 

housing for one family and a learning tool for others. Straw bale construction, especially when 

built with a frost-protected shallow foundation, provides an affordable and energy-efficient 

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house. The home was constructed with community involvement, transferring straw bale 

construction skills to tribal members. This home also demonstrates efficient layout in a small 

footprint, the use of low-impact products (on both health and environment), and barrier-free 

design. 

Sustainable Forestry: Tribes Supply Green Building Market with Certified 

Lumber 

The First Nations Development Institute reported (2002) that tribes have gained increased 

control over their forests in recent years, and tribal foresters are seeking exposure for their 

sustainable forestry practices, which are part of their traditional way of life. One vehicle for 

exposure is the Forest Stewardship Council (FSC) [http://fscus.org/], which provides third-party 

certification for environmentally sound forestry operations. 

Tribes completing certification assessments include: The Confederated Tribes of the Warm 

Springs in Oregon, the Nez Perce Tribe in Idaho, the Confederated Salish and Kootneai Tribe in 

Montana, the White Mountain Apache Tribe in Arizona, the Mescalero Apache Tribe in New 

Mexico, the Spokane Tribe of Washington, the Red Lake Band of Chippewa Indians in 

Minnesota and the Ft. Bidwell Indian Community in California. Several of these have obtained 

full FSC certification, while twenty-seven more tribes have gone through scoping assessments. 

Renewable Energy: Wind Powering Native America 

The Wind Powering Native America On-line video 

[http://www.eere.energy.gov/windandhydro/windpoweringamerica/filter_detail.asp?itemid=749] documents the 

installation of the first Native American-owned, large, utility-scale wind turbine in Indian 

country, Rosebud Sioux Reservation in South Dakota. A printable video transcript is also 

available. Year Published: 2005 

Pollution Prevention Programs: Mohegan Sun Resort 

The Mohegan Tribe was honored with a 2004 National Pollution Prevention Roundtable MVP2 

Award for their Environmental Protection Department’s outstanding P2 program. They have 

done work implementing fuel cell technology, photovoltaics, heat pumps, and in recycling food 

and other materials. The Mohegan Sun Resort 

[http://www.mohegansun.com/www.p2pays.org/ref/37/36109.pdf] installed infrared sensors in hotel rooms 

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for heating and lighting, and established a rainforest in Costa Rica to sequester carbon produced 

by the casino. Mohegan Sun, the third largest casino in the United States, is also a member of 

the Mohegan Nation, a leader in “Green Purchasing” that requires every employee take a course 

on P2. More information about their efforts are available on their Web site: 

Solid Waste Management: Tribal Composting Nourishes Land and Tradition 

This issue of EPA’s Tribal Waste Journal [http://www.epa.gov/epaoswer/non-hw/tribal/resource.htm - twj] 

focuses on a variety of innovative composting approaches, including: backyard, fish and wood 

waste, food waste and biosolids, vermicomposting in schools, green waste composting in an arid 

climate, mixed solid waste composting in Alaska, and cultural gardens and green roofs. It 

features the stories and experiences of the Blackfeet Tribe of Montana, Eastern Band of 

Cherokee Indians, Fond du Lac Reservation, Haines Sanitation, Inc., Ho-Chunk Nation, Kake 

Tribal Corporation, Mashantucket Pequot Tribe, Oneida Tribe of Wisconsin, Redwood Valley 

Rancheria, and Slat River Pima Maricopa Indian Community in Arizona. It also contains an 

extensive list of resources and a Kids Page. Published annually, the Journal is available on the 

Web or free printed copies are available from the National Service Center for Environmental 

Publications at (800) 490-9198; e-mail: ncepimal@one.net. Document Number: (EPA530-N-05-

001). 

ADDITIONAL TRIBAL POLLUTION PREVENTION CASE STUDIES

WASTE MANAGEMENT IN INDIAN COUNTRY

EPA’s Tribal Solid Waste Management Program encourages municipal solid waste and 

hazardous waste management practices in Indian country that protect human health and the 

environment. The experience of other tribes, villages, and tribal consortia that have successful 

programs already in place or on the way is a valuable resource for tribes and Alaska native 

villages developing solid waste management programs. The Tribal Solid Waste Management 

Program Web site [http://www.epa.gov/tribalmsw/] offers studies of tribal waste management 

programs in the “where you live” section. 

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Mohegan Tribe (EPA Region 1) 

The Mohegan Tribe has undertaken a major effort to reduce waste. The result is that the Tribe 

has reduced 44 percent of its solid waste stream by source reduction, green purchasing, 

education, and contractor certification. 

Assiniboine and Sioux Nations, Fort Peck Reservation (EPA Region 8) 

The Fort Peck tribes offer a combination of affordable curbside collection service and permanent 

waste drop-off sites to facilitate proper solid waste disposal. The tribes established a Public 

Works Committee Board to speed up the solid waste management decision-making process. 

Eastern Band of Cherokee Indians (EPA Region 4) 

When the federal RCRA Subtitle D landfill regulations went into effect, tribe closed its landfill 

and constructed a transfer station that can accept 300 tons of waste per day. The transfer station 

is successful because the tribe sized it properly, sited it carefully, and provided employees with 

extensive training. 

Confederated Tribes of the Umatilla Indian Reservation (EPA Region 10) 

It took the Confederated Tribes of the Umatilla Indian Reservation 10 years to plan and build a 

transfer station, but their persistence paid off. The northeastern Oregon reservation now has a 

successful waste management system in place that is proving well worth the wait. 

Jicarilla Apache Nation (EPA Region 6) 

The tribe used information collected from site visits and a feasibility study to select the perfect 

transfer station design. The completed transfer station is a split-level, enclosed facility that 

handles 12 to 16 tons of waste per day. 

Oglala Sioux Tribe (EPA Region 8) 

The tribe constructed a balefill that meets the federal landfill requirements. The tribe obtained 

funding from EPA, the Indian Health Service (IHS), and the U.S. Department of Agriculture to 

complete the project. The first cell of the balefill can handle waste from the reservation for 25 

years. 

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Onondaga Nation (EPA Region 2) 

The nation funded and constructed a small transfer station without help from the IHS or any 

other federal agencies. The nation worked directly with private waste haulers to design and 

complete its transfer station, which consists of a concrete surface with two roll-off bins inside of 

a gated chainlink fence. 

St. Regis Mohawk Reservation (EPA Region 2) 

After conducting a waste audit, completing a feasibility study, and examining different transfer 

station designs, the tribe chose to install two 53 cubic yard, self-contained waste storage units. 

The tribe's transfer station facility will also include a gated entrance, an unpaved road, a vehicle 

scale, a drop-off area for recyclables, and an operations building. 

Tule River Indian Tribe (EPA Region 9) 

After closing five open dumps, the tribe implemented a solid waste management plan to provide 

waste disposal alternatives. The tribe worked with the Indian Health Service to site, design, and 

construct a transfer station. 

INTERAGENCY OPEN DUMP CLEANUP PROJECT

A multi-agency funding commitment to help tribes throughout Indian Country close open 

dumps, clean up waste on tribal land, and develop safe solid waste management practices. The 

Open Dump Cleanup Project document [http://www.epa.gov/tribalmsw/pdftxt/opendump.pdf] provides 

more information. Cooperating agencies include: Environmental Protection Agency, Bureau of 

Indian Affairs, Indian Health Service, USDA’s Rural Utilities Service, Department of Defense, 

and Housing and Urban Development. 

Pueblo of Taos 

The Pueblo used federal grants to close its 5.4-acre open dump, identified by IHS as a high-threat 

site. The grant funding enabled the Pueblo to cap its open dump, provide post-closure 

maintenance and monitoring, establish a transfer station and curbside collection service, and 

provide community outreach. The tribe implemented a solid waste management plan in 

conjunction with the open dump closure activities in order to prevent the degradation of wetlands 

and to protect the Pueblos’ bison herd. To assess the effects of a transfer station or curbside 

collection service, the tribe is monitoring illegal dumping activity. The tribe worked as a team, 

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with several federal agencies and a consortium of 19 federally recognized tribes, to successfully 

close the 5.4-acre dump. By working together to close the open dump and develop alternative 

solid waste management options, the team helped protect the health of the community and 

prevent environmental damage to wetlands, the aquifer, and the Pueblos’ bison herd. 

White Earth Band of Chippewa Indians 

The White Earth Band of Chippewa Indians used a Tribal Open Dump Cleanup Project grant to 

clean up the Cherry Lake Road dumpsite on its reservation. This highly visible and well-known 

illegal dumpsite spanned a 4.5-mile stretch of Cherry Lake Road. All types of waste were 

removed from the site, ranging from common household trash to large items such as furniture, 

appliances, and tires. The council also used the grant funds to improve service at its five solid 

waste satellite transfer stations. In the past, many residents felt the user fees were too high and 

the stations were not staffed reliably. With the grant money, the tribal council evaluated the fee 

schedule for the stations and established prices more conducive to residents. Since the cleanups 

and the improvements to the transfer station, most of the illegal dumpsites have remained clean, 

and residents are much more aware of the illegal dumping problem. 

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Sector Notebook Project Profile of Tribal Governement Operations 

Appendix I 

APPENDIX I. AVAILABLE SECTOR NOTEBOOKS

Direct questions and comments on the sector notebooks to the Compliance Assistance and Sector 

Programs Division at (202) 564-2310 unless otherwise noted below. See the Notebook Web 

page [http://www.epa.gov/compliance/resources/publications/assistance/sectors/notebooks/] for the most recent 

titles and links to refreshed data. 

EPA Publication Number Government Series 

EPA/310-R-05-001. Profile of Tribal Government Operations 

EPA/300-B-96-003. Profile of Federal Facilities 

EPA/310-R-99-001. Profile of Local Government Operations 

 Industry Series 

EPA/310-R-95-001. Profile of the Dry Cleaning Industry 

EPA/310-R-95-002. Profile of the Electronics and Computer Industry* 

EPA/310-R-95-003. Profile of the Wood Furniture and Fixtures Industry 

EPA/310-R-95-004. Profile of the Inorganic Chemical Industry* 

EPA/310-R-95-005. Profile of the Iron and Steel Industry 

EPA/310-R-95-006. Profile of the Lumber and Wood Products Industry 

EPA/310-R-95-007. Profile of the Fabricated Metal Products Industry* 

EPA/310-R-95-008. Profile of the Metal Mining Industry 

EPA/310-R-95-009. Profile of the Motor Vehicle Assembly Industry 

EPA/310-R-95-010. Profile of the Nonferrous Metals Industry 

EPA/310-R-95-011. Profile of the Non-Fuel, Non-Metal Mining Industry 

EPA/310-R-02-001. Profile of the Organic Chemical Industry, 2nd Edition* 

EPA/310-R-95-013. Profile of the Petroleum Refining Industry 

EPA/310-R-95-014. Profile of the Printing Industry 

EPA/310-R-02-002. Profile of the Pulp and Paper Industry, 2nd Edition 

EPA/310-R-95-017. Profile of the Stone, Clay, Glass, and Concrete Industry 

EPA/310-R-95-018. Profile of the Transportation Equipment Cleaning 

Industry 

EPA/310-R-97-001. Profile of the Air Transportation Industry 

EPA/310-R-97-002. Profile of the Ground Transportation Industry 

EPA/310-R-97-003. Profile of the Water Transportation Industry 

EPA/310-R-97-004. Profile of the Metal Casting Industry 

EPA/310-R-97-005. Profile of the Pharmaceuticals Industry 

EPA/310-R-97-006. Profile of the Plastic Resin and Man-made Fiber Industry 

EPA/310-R-97-007. Profile of the Fossil Fuel Electric Power Generation 

Industry 

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Sector Notebook Project Profile of Tribal Governement Operations 

EPA/310-R-97-008. Profile of the Shipbuilding and Repair Industry 

EPA/310-R-97-009. Profile of the Textile Industry 

EPA/310-R-98-001. Profile of the Aerospace Industry 

EPA/310-R-00-001. Profile of the Agricultural Crop Production Industry 

 Contact: Ag Center, (888) 663-2155 

EPA/310-R-00-002. Profile of the Agricultural Livestock Production Industry 

Contact: Ag Center, (888) 663-2155 

EPA/310-R-00-003. Profile of the Agricultural Chemical, Pesticide and 

Fertilizer Industry 

Contact: Agriculture Division, (202) 564-2320 

EPA/310-R-00-004. Profile of the Oil and Gas Extraction Industry 

EPA/310-R-05-002. Profile of the Healthcare Industry 

EPA/310-R-05-003. Profile of the Rubber and Plastic Industry, 2nd Edition 

* Spanish translations of 1st Editions available in electronic format only. 

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