Table of Contents
Action Items
Action
Item
| Provide guidance for State and
local agencies on considering environmental justice
as a qualitative factor in priority-ranking systems
for State-lead cleanup and enforcement activities. |
States that receive Leaking Underground Storage Tank
(LUST) Trust Fund money have developed priority ranking
systems for sites requiring cleanup. The Office of
Underground Storage Tanks (OUST) issued a revised "State
UST Program Grant Guidance" to encourage States to
consider environmental justice as a qualitative factor in
priority-ranking systems for State-lead cleanup and
enforcement activities. In FY96, Region 3 and Region 9
cooperative agreements continue to address environmental
justice concerns in compliance inspections and priority
ranking of LUST sites.
In another initiative, Tribal representatives, OUST, and
Regional Offices are developing a risk-based decision-making
process for initiating and overseeing corrective action on
Native American lands.
| 3/96 |
Training on risk based decision
making. |
| Bill Lienesch |
(703) 603-7162 |
In response to a meeting between Administrator Browner and
Mayor Harris of the City of Oakland (a city with a
predominantly minority population), Region 9 has formed a
task force to develop a prototype alternative to the
traditional approach of setting cleanup standards on a
site-by-site basis. The Urban Land Redevelopment Project Task
Force includes representatives from State, county, and city
regulatory agencies, Region 9, and several community
organizations. The purpose of the project is to investigate
historical and current data to establish uniform procedures
for hydro-geologically similar areas (i.e., set cleanup
standards for categories of sites and corrective action
activities) and to standardize the site remediation process.
The project will also identify ways to use limited resources
effectively for contaminated sites that pose a risk to human
health and the environment and accelerate site
characterization and remediation. Ultimately, the project
will promote investment by real estate development and
lending institutions within the City of Oakland.
| 10/94 |
Acquired funding to initiate the
project. |
| 2/95 |
Presented final statement of work to
the Task Force. |
| 3/95 |
Project contractor initiated work. |
| 4/95 |
Presentation of project to Federal,
State, and local agencies. |
| 6/95 |
Presentation of project to Oakland
City Council Sub-committee on Economic Development. |
| 7/95 |
Geologic zoning of Oakland
completed. |
| 10/95 |
Draft screening levels and
designation of site categories developed. |
| Lester Kaufman |
(415) 744-2079 |
| Martin Rodriguez |
(415) 744-2076 |
| Matt Small |
(415) 744-2078 |
Action
Item
| Provide outreach to States,
Indian Tribes, and local agencies. |
Region 2 translated a booklet developed by OUST,
"Don't Wait Until 1998," into Spanish and
distributed it to the Spanish-speaking regulated community.
The purpose of the book is to assist UST owners in
understanding the 1998 tank upgrade and replacement
requirements. The booklet is being distributed primarily in
Puerto Rico. A copy of the Spanish-translated version was
sent to OUST and other Regional offices.
| 4/95 |
Distributed booklet to the
Spanish-speaking community. |
| 6/95 |
Distributed booklet nationally, both
in paper and electronic forms. |
| John Kushwera |
(212) 637-4232 |
The Region 4 UST Section conducted a training session on
UST management for all owners, operators, and Cherokee Indian
Tribe members. The seminar covered all aspects of the Federal
UST program, including leak detection techniques and the 1998
upgrade requirements and deadline.
The UST Section has undertaken an outreach initiative to
school districts in community-based environmental protection
areas. This initiative is focusing on ensuring that schools
are aware of and implement the 1998 upgrade and leak
detection requirements. These areas have been identified for
special attention by all regional media programs. Some of
these areas, such as the Lower Mississippi River Valley,
Mobile Bay, and Southern Appalachia, are economically
disadvantaged and include minority populations that may be
particularly at risk.
| 4/96 |
Conducted training seminar. |
| Ongoing |
Distribution of information flyers
and letters to school superintendents; follow-up
inspections. |
| Frank Baker |
(404) 562-9724, (Indian activities) |
| Mike Hollinger |
(404) 562-9469 (School outreach) |
Region 6 provided a two-day training session in September
1995 for all 21 Pueblo Tribes in New Mexico and the All
Indian Pueblo Council covering the technical aspects of the
UST program. This outreach is part of the UST program's
commitment to assisting Native American Tribes in the
development of Indian-operated UST/LUST programs.
In September 1995, Region 6 also conducted UST
programmatic, technical, and compliance training for Indian
Tribes in Oklahoma and the Inter-Tribal Environmental Council
of Oklahoma. Classroom training and field training at UST
sites in New Mexico and Oklahoma are planned for late Fiscal
Year 1996 or early Fiscal Year 1997, depending on the
availability of travel funds.
The Region 6 UST program made a presentation to the City
of Dallas Brownfields Forum concerning the new UST Lender
Liability Rule and related UST enforcement issues. The UST
Lender Liability Rule will assist small businesses,
especially in minority and low income areas of Dallas, obtain
favorable credit to upgrade existing USTs.
| 9/95 |
Provided UST training to Indian
Tribes and Tribal Consortia. |
| 2/96 |
Presentation to City of Dallas on
lender liability and environmental justice issues. |
| Willie Kelley |
(214) 665-6760 |
Region 8 worked with eight Tribes in North Dakota, South
Dakota, and Wyoming to set up seminars on their reservations
for tank owners and operators with facilities on the
reservations. The seminars explained the 1998 tank upgrade
requirements and deadlines. Arrangements were also made to
have the Tribal environmental office attend each session. In
addition, an information fact sheet on the tank upgrade
deadline, along with the booklet on possible Federal
financial assistance, was sent to each Tribal environmental
office that was not scheduled for a seminar.
| 9/95 |
Completed seminars on eight
reservations. |
| David Hugle |
(303) 212-6137 |
Region 9 continued outreach efforts and provided training
to owners and operators of USTs, including Tribal
governments, through the field assistance of an AARP circuit
rider in Arizona, Nevada, and California. The Region 9
Circuit Rider and OUST staff work with Tribal governments and
owners and operators to identify active and abandoned tanks,
and to oversee tank removals. The Circuit Rider supplies
owners and operators with a UST Notification form and, when
appropriate, a 30-day request for closure, which must be sent
to Region 9. The Region provides owners and operators with
information on financial resources that may be used to close
the UST. Owners and operators are responsible for working
with EPA to assess and clean up the site in the event a
release is discovered.
Region 9 awarded a grant for $70,000 to the Navajo Nation,
which has used the funds to identify abandoned USTs, oversee
tank removals, provide leak detection compliance assistance,
and continue UST program development. In support of the
Navajo UST program, Region 9 conducted leak detection
inspections and issued notices of violation where
non-compliance was found. Region 9 also assisted the Navajo
Nation in preliminary discussions with the Arizona Department
of Environmental Quality on development of a financial
assurance program.
Region 9 reviews all UST closure reports and ensures that
tank removals meet requirements for closure, release
response, and corrective action.
To achieve more cleanups by responsible parties, Region 9
has begun to utilize formal enforcement authorities under
RCRA. The Region issued a unilateral RCRA §7003 Order to two
responsible parties who lease land from the Navajo Nation.
The Order requires a joint site assessment and joint
corrective action plan to clean up a co-mingled petroleum
plume that has impacted Navajo and Hopi lands. Previous
requests by Region 9 for cooperation by the responsible
parties to clean up the site went without response.
| 3/95 |
California and Nevada Circuit Rider
program renewed. |
| 4/95 |
Region 9 conducted leak detection
inspections with the Navajo EPA. |
| 6/95 |
Arizona Circuit Rider program
renewed. |
| 9/95 |
Renewed grant to the Navajo Nation. |
| 5/96 |
Issued unilateral §7003 Order for
corrective action on Navajo and Hopi lands. |
| Lester Kaufman |
(415) 744-2079 |
| Matt Small |
(415) 744-2078 |
Action
Item
| Incorporate environmental
justice criteria into UST State grant and cooperative
agreements. |
Region 1 is working with the States of Massachusetts and
Connecticut to incorporate environmental justice concerns
into the State program approval (SPA) that they submitted to
EPA in 1993 and 1994, respectively. Each State submitted an
approved environmental justice policy with its SPA
application, certifying that its citizens would not be denied
equal access to environmental benefits because of racial or
economic make-up nor bear a disproportionate share of the
risks and consequences of environmental policy.
EPA held a public hearing on June 30, 1994, to address the
Massachusetts SPA application. Environmental justice groups
at the meeting raised several issues regarding the State
program and regulations that were addressed by EPA and the
State-lead UST/LUST agencies. One of the issues raised
concerned how the State should identify and remove abandoned
USTs. These groups also requested that the State develop a
multi-lingual public participation and outreach program,
reform State rules to allow community groups access to the
State financial assurance fund for cleanup of contaminated
properties, and include socioeconomic criteria in determining
UST/LUST policies.
| 6/94 |
Held public hearing on approval of
Massachusetts SPA application. |
| 12/94 |
State addressed public comments on
environmental justice for Massachusetts SPA
application. |
| 3/95 |
Regional Administrator approved
Massachusetts SPA application. |
| 8/95 |
Regional Administrator approved
Connecticut SPA application. |
| Myra Schwartz |
(617) 573-5743 |
| Jonathan Walker |
(617) 573-9602 |
Region 2 is providing technical assistance and is
identifying the appropriate mechanisms for multi-media
environmental management support to Indian Tribes. For this
effort, Region 2 provided grants to the Seneca, Mohawk, and
Oneida Nations during Fiscal Year 1994 in the amounts of
$125,000, $151,669, and $125,568 respectively. In Fiscal Year
1995, grants were provided to the same Tribes: $155,430,
$142,577, and $110,000 respectively. The grants were provided
to conduct multimedia environmental assessments and UST
inspections. Region 2 also provided funds to the Air, Water,
Superfund, Wetlands, and Radon programs to further support
activities in Tribal Nations. In addition, Region 2
established an Indian Workgroup made of representatives of
all these programs to examine other mechanisms for assistance
to Tribal governments.
| 4/94 |
Provided grants for Fiscal Year
1994. |
| 3/95 |
Provided additional funding to Air,
Water, Superfund, Wetlands, and Radon programs. |
| 4/95 |
Provided grants for Fiscal Year
1995. |
| 7/96 |
Scheduled to provide grants for
Fiscal Year 1996. |
| Christine Yost |
(212) 637-3564 |
| John Kushwera |
(212) 637-4232 |
Region 3 amended the grant/cooperative agreement (CA)
language in Fiscal Year 1995 UST grants and LUST CAs to
States. The changes to grants and CAs address environmental
justice concerns in compliance inspections and in the
priority ranking of LUST sites.
In Fiscal Year 1996, Region 3 cooperative agreements with
States continued to address environmental justice concerns in
compliance inspection and priority ranking of LUST sites.
| Rosemarie Nino |
(215) 566-3377 |
Region 6 amended the grant/cooperative agreement (CA)
language in Fiscal Year 1996 UST grants and LUST cooperative
agreements to States. The changes addressed environmental
justice concerns in inspections, investigations, and
enforcement. The States were asked to provide environmental
justice training to all staff and submit a plan for
increasing environmental justice awareness. The States were
also asked to provide a list of all (EPA and State-funded)
on-going LUST sites and information as to whether the
surrounding neighborhood is considered minority/non-minority
and/or low income, the extent of contamination, the length of
time for leak response, investigation, and cleanup. This
information will be part of a State's end-of-year
self-evaluation report.
| Willie Kelley |
(214) 665-6760 |
Region 9 has continued to emphasize environmental justice
in State grant guidance by encouraging work plan activities
which incorporate environmental justice goals in leak
detection inspections and prioritization of LUST sites. The
Region also requires the States to inform EPA of any
environmental justice activities in quarterly reports. This
on-going activity has been integrated fully into the
operations of Region 9.
| 4/96 |
Draft grant guidance completed. |
| Jennie Bravinder |
(415) 744-2077 |
Action
Item
| Encourage minority contractors
to apply for certification; and award a grant to
National Association of Minority Contractors. |
OSDBU awarded a grant of $200,000 out of FY95 monies to
the National Association of Minority Contractors to train
minority contractors in the removal, installation,
monitoring, and leak detection of USTs. This grant will allow
for approximately 90 contractors to be trained. Approximately
450 contractors have been trained over the last five years.
| 9/95 |
Awarded grant. |
| 11/96 |
Approximately 45 of the 90
contractors have completed their training. |
| Elaine Rice |
(703) 305-5300 |
| Shonee Clark |
(703) 603-7147 (OUST) |
Action
Item
| Find ways to provide funds and
technical assistance to State and Tribal governments.
|
To increase Tribal ability to use the LUST program, OUST
requested and received Congressional authority to give LUST
Trust Fund monies to Indian Tribes through RCRA Section 8001.
These funds will be used to help Tribes develop the
capability to implement an UST program.
| 9/94 |
Request for monies to Indian Tribes
approved. |
| 9/95 |
Increased funding to Indian Tribes
provided through RCRA Section 8001 grants. |
| Bill Lienesch |
(703) 603-7162 |
OUST also has been reviewing when and how LUST Trust Fund
monies may be used to fund cleanups in response to petroleum
releases from UST systems on Indian Lands. OUST has drafted
guidance that will replace a previous OSWER policy directive
on conducting Federal-lead UST corrective action.
| 3/95 |
Draft Outline of new guidance sent
to UST/LUST Regional Program Managers for review. |
| 10/95 |
Interim Final National Corrective
Action Policy for USTs on Indian Country (OSWER
Directive 9610.9A). |
| Bill Lienesch |
(703) 603-7162 |
Region 2 is providing technical assistance to Indian
Tribes for the management of USTs. As part of empowering
Native American Tribes to become self-sufficient in managing
USTs and solid waste landfills, the Regional Administrator
held a meeting with leaders from all Federally recognized
Indian Nations. Region 2 conducted a seminar in May 1995 to
assist the Tribes in developing local programs for USTs and
solid waste landfills. A hands-on technical assistance
program has been scheduled for June 1996. Another Regional
Administrator/Leader meeting is scheduled for July 1996.
| 7/95 |
Regional Administrator/Leader
meeting. |
| 6/96 |
Hands-on technical assistance and
training of Tribal inspectors. |
| 7/96 |
Second Regional Administrator/Leader
meeting. |
| John Kushwera |
(212) 637-4232 |
As part of an ongoing effort to encourage States to
enforce UST regulations in environmental justice communities,
Region 3 targeted 21 facilities with USTs in south and
southwest Philadelphia for Release Detection requirements (40
CFR 280) compliance inspections. During Fiscal Year 1996,
Region 3 conducted 12 of these inspections. Presently, all
inspection reports are under review to determine compliance.
| 5/96 |
Inspected 12 facilities with USTs |
| Rosemarie Nino |
(215) 566-3377 |
The Region 4 UST Compliance Team has been actively
inspecting and bringing facilities into compliance on the
Eastern Band of Cherokee Indians Reservation in Cherokee, NC.
The team has inspected and initiated an enforcement action
against a privately owned oil company for leak detection
violations at a station on the Reservation. The
owner/operator has paid a penalty, returned to compliance,
and is implementing two supplemental environmental projects
(SEPs). The SEPs include early and enhanced upgrades to meet
1998 requirements and environmental audits of other
facilities operated by the respondent.
A corrective action order to a different UST facility,
also located on the Cherokee Reservation, has been issued.
This facility has had a substantial petroleum release. The
State of North Carolina may participate in the cost of the
cleanup through its State trust fund.
| 9/95 |
Started SEPs. |
| 4/96 |
Issued corrective action order. |
| Frank Baker |
(404) 562-9424 |
In September 1995, Region 6 provided the first grants
under RCRA Section 8001 to Tribal consortia in Oklahoma and
New Mexico. A grant for $40,500 was awarded to the Cherokee
Nation, lead Tribe for the Intertribal Environmental Council
of Oklahoma, and $40,500 was awarded to the All Indian Pueblo
Council of New Mexico. The grants will assist Tribes in
developing a Leaking Underground Storage Tank program on
Indian lands.
Region 6 also met with the Jicarilla Apache and Mescalero
Apache Tribes of New Mexico. The Apache Nations had requested
EPA's compliance assistance for USTs on Indian lands, and
both Tribes have shown an interest in developing Joint Powers
Agreements (JPAs) with the New Mexico Environment Department
(NMED). JPAs, if approved by a Tribe and NMED, will provide
opportunities for an Indian Tribe to receive financial
assistance from the NMED for costs to remediate contamination
from leaking USTs. Region 6 also provided assistance in
Fiscal Year 1995 to the Pueblo Tribes of Isleta, Santa Clara,
and Laguna to develop JPAs with NMED.
Region 6 uses Senior Environmental Employees (SEEs)
through the National Council of Senior Citizens to assist
Indian Tribes in Oklahoma and New Mexico. In Fiscal Year
1995, the Oklahoma SEE met with all 36 Tribes of Oklahoma to
register USTs on Indian Lands. He coordinated with the
Louisiana Department of Environmental Quality to assist the
Coushatta Tribe of Louisiana in a UST removal and new
installation. The SEE also provided assistance to the KAW
Nation of Oklahoma in a tank closure.
Region 6 initiated compliance inspections on Indian Lands
in Oklahoma in March 1996. During inspections, a number of
UST leak detection violation were documented. The Bureau of
Indian Affairs (BIA) attended the inspection to gain
technical knowledge for USTs located on Indian Lands that
they oversee.
In April 1996, Region 6 completed a Statement of Work
(SOW) for $120,000 funded under RCRA Subtitle C to assist in
Site Assessments at UST sites on Indian Lands in New Mexico.
Tribes that will be assisted include Pueblos of Isleta,
Laguna, Cochita, and Picuris, and the Mescalero and Jicarilla
Apaches. Site assessments will assist Tribes in determining
the environmental impact of releases that have occurred at
many abandoned UST sites on Indian Lands.
| 9/95 |
Provided first RCRA 8001 grants to
Tribal Consortia for UST program development in New
Mexico and Oklahoma. |
| 9/95 |
Met with Indian Tribes in New Mexico
to assist in the development of Joint Powers
Agreements with the State of New Mexico. |
| 10/95 |
Completed re-registration of all
USTs on Indian Lands in Oklahoma. |
| 3/96 |
Initiated compliance inspections of
USTs on Indian Lands in Oklahoma. |
| 4/96 |
Completed SOW. |
| Willie Kelley |
(214) 665-6777 |
Region 8 awarded two $50,000 grants under RCRA 8001
authority to two reservations (Pine Ridge in South Dakota and
the Salish and Kootenai in Montana). The grants will be used
for equipment purchases, program training, abandoned
underground storage tank identification, and developing a
tank database for each reservation.
| 9/95 |
Awarded grants to two reservations. |
| David Hogle |
(303) 312-6137 |
Region 9 continues to work with the Bureau of Indian
Affairs (BIA) to modify their lease language requiring
cleanup of contaminated sites on Indian lands. Efforts in
1995 focused on advising the Navajo Nation on modifying lease
language providing that any property improvements come under
the ownership of the Tribe upon termination of a lease.
Implementation of this provision could result in the Tribe's
becoming responsible for UST sites that were contaminated by
the lessee. The Navajo Nation has been discussing
environmentally sensitive portions of its lease language with
the Navajo Department of Justice and the BIA. In 1996, Region
9 has worked closely with the Navajo EPA to address the lease
implications of the eviction by the Navajo Nation of an oil
marketing company from 14 sites.
| 11/95 |
Advised the Navajo EPA on requiring
UST site assessments prior to the Navajo Nation's
termination of leases. |
| 4/96 |
Navajo Department of Justice
proposed site lease language to the Navajo EPA. |
Region 10 began an abandoned tank survey on the Nez Perce
Indian Reservation.
| 5/96 |
Initiated abandoned tank survey. |
| Harold Scott |
(206) 553-1587 |
Action
Item
| Work with other Federal agencies
to incorporate environmental justice issues into UST
and LUST programs. |
- In February 1996, the Region 6 UST program held a forum
about UST closure regulations for the U.S. Indian Health
Service (IHS), the Pueblos of Santa Ildefonso, Santo
Domingo, Isleta, and Sandia. Also present were
representatives of the Mescalero Apache Tribe, the All
Indian Pueblo Council, and the IHS UST contractors. IHS
is launching a two year program, starting in late Fiscal
Year 1996, that will permanently close USTs located on
Tribal lands serving IHS hospitals, schools, and clinics.
The information presented will allow IHS and Tribes to
work in cooperation to establish a closure program. That
program should effectively monitor the techniques applied
to UST closures, site assessments, and cleanup
decision-making systems utilizing risk-based corrective
action.
| 2/96 |
Met with Indian Health Service to
coordinate program to remove and remediate USTs on
Indian Lands in New Mexico. |
| Willie Kelley |
(214) 665-6777 |
- Region 10 signed an interagency agreement (IAG) with BIA
transferring $15,000 from the LUST Trust Fund to BIA's
Yakima Agency. The BIA, in turn, added the funds to an
existing natural resources contract with the Yakima
Indian Nation, which allowed the Tribe to conduct a
reservation-wide survey of abandoned USTs.
- In April 1996 the survey results were submitted to EPA.
The survey found that 98-99% of the tanks are unregulated
by EPA (e.g., farm tanks). The few that are
Federally-regulated are in the process of being closed
out.
| 8/94 |
Signed IAG with BIA. |
| 4/96 |
Submitted Survey results to EPA. |
| Geoff Keeler |
(206) 553-1089 |
| Jannine Jennings |
(509) 865-5121, x654 |
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