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Role of State and Tribal Governments in the Remedy Selection Process

Additional Information

American Indian Environmental Office (AIEO)
The 1994 EPA Indian Policy was reaffirmed in July, 2001 by EPA Administrator Whitman. The policy directs a "government-to-government" relationship with federally recognized Indian tribes. The AIEO furthers this purport by strengthening public health and environmental protection in Indian Lands and encouraging Indian management of their own programs. The AIEO Policies and Initiative web page covers Indian-specific policies and guidance on consultation, sacred sites, environmental justice, and governmental initiatives. Included is the 1994 Policy document. The AIEO Home Page can be accessed from the Policies page for a more comprehensive look at the organization.

The rights and responsibilities of a state or tribal government at a Superfund site will vary depending on certain stipulations. As the Superfund program has evolved, state and tribal involvement has increased. Approved states and tribes are encouraged to take the leads at appropriate sites, freeing Superfund resources for use at other sites. The following links provide information about the role of state, tribal and local governments in the remedy selection process.

Describes circumstances under which States may select and implement a remedy at NPL sites without first obtaining EPA concurrence.
OSWER 9831.9, NTIS: PB91-187039INZ, April 1991

Discusses hazardous waste laws, the mechanisms for ensuring state/local involvement, and the roles of political entities, Indian tribes, and local governments.
OSWER 9375.5-01FS, NTIS: PB92-963329INX, Fall 1989

Describes the recommended procedures used to determine a State's capability of holding the lead agency responsibility for CERCLA fund-financed sites.
OSWER 9355.2-02, April 1992

Encourages EPA remediation programs to utilize the Comprehensive State Ground Water Protection Programs (CSGWPPs) to enable States more flexibility in managing ground water resources.
OSWER 9283.1-09, NTIS: PB95-963325INX, April 1997

Assists States in preparing Comprehensive State Ground Water Protection Programs (CSGWPPs). The guidance sets forth EPA's preferred ground water protection objectives as guidelines.
EPA 100-R-93-001, NTIS: PB93-163087, December 1992

Outlines the defining criteria to determine if a non-NPL removal action requires Headquarters concurrence. Sovereign nations (Indian tribes) are included.
OSWER 9360.0-19, March 1989

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