U.S. Environmental Protection Agency - October 2007

Compliance and Enforcement National Priority

Indian Country Summary

Beginning in fiscal year (FY) 2005 and continuing through FY 2010,
EPA’s Office of Enforcement and Compliance Assurance and EPA regional
offices are focusing national attention on three areas in Indian
country: (1) improving compliance at public drinking water systems; (2)
improving multimedia compliance at schools; and (3) improving solid
waste management compliance and assessing and closing open dumps.

What is the Environmental Problem?

Pollution of the air, water, and land in Indian country poses
significant threats to the environment and health of members of the 561
federally-recognized Indian tribes (tribes), particularly for tribal
members who rely on subsistence and cultural hunting, fishing, and
gathering.  For the thousands of tribal members dependent on the
approximately 800 public drinking water systems in Indian country,
including those that supply drinking water to schools, violations of
health-based standards can result in serious illness, particularly in
infants, the elderly, and those with suppressed immune systems.  Illegal
dumping of solid waste (such as major appliances, construction and
demolition wastes, and household garbage) and hazardous waste (such as
chemicals, pesticides, and medical waste) poses significant threats to
soil and ground water.  Uncontrolled dumps may catch on fire releasing
particulate matter and dioxins into the air and ecosystem, discarded
pesticides and other chemicals may leach into ground water or run off
into surface water and may harbor vectors for disease, including
mosquitoes breeding in tire piles.  Approximately 460,000 children and
staff attend schools and reside in dormitories or campus housing in
Indian country where they may potentially be exposed to health risks
from asbestos, improper storage of chemicals used in school
laboratories, vehicle maintenance operations, fuel storage and on
athletic fields.

Why Are We Addressing Drinking Water, Schools and Solid Waste in Indian
Country?

EPA monitoring data show that public drinking water systems in Indian
country regularly fail to collect required water samples and submitting
required reports and have high levels of reported violation of
health-based regulatory standards.  The lack of monitoring results means
both that the systems are out of compliance with the Safe Drinking Water
Act (SDWA) and that EPA is unable to confirm that the water is safe to
drink.  EPA directly implements the SDWA for virtually all of Indian
country as only the Navajo Nation currently maintains primacy.  Through
providing compliance assistance and pursuing enforcement, EPA plans to
increase compliance with monitoring and reporting requirements and
return to compliance those systems with significant violations.

EPA directly implements virtually all federal environmental statutes
applicable to schools in Indian country owned and operated by the Bureau
of Indian Affairs (212 schools) and various tribal, state, or local
authorities, and non-governmental entities.  Providing compliance
assistance, conducting inspections, and pursuing enforcement will help
school facilities improve environmental compliance and therefore reduce
potential health risks to students and school staff. 

Unregulated dumping of wastes is a pervasive problem in Indian country. 
Individuals and entities from on- and off-reservation illegally dump
solid waste, household hazardous waste, and hazardous waste in Indian
country.  EPA is unable to authorize tribes to implement RCRA and is in
many cases the only entity with jurisdiction, enforcement authority, and
the resources to adequately address these issues.  In addition to
providing compliance assistance to tribal environmental programs, EPA
plans to identify and investigate instances of illegal dumping for which
responsible parties can be identified and pursue enforcement to require
cleanup or responsible management.

EPA also plans to conduct an intensive, short-term effort to analyze the
range of compliance assurance and enforcement issues associated with
water quality in Indian country, and the use and application of
pesticides in Indian country.  EPA will use the analysis to determine
whether there are significant compliance issues that may need to be
addressed in the future.

Highlights from the FY 2005-2007 Planning Cycle  

In the first 3 years of the Priority, EPA provided annual compliance
assistance to 100 percent of public drinking water systems and over 325
schools in Indian country.  EPA also provided compliance and technical
assistance on solid waste programs to 499 tribes.  EPA conducted 151
inspections of school campuses, including residential and maintenance
facilities.  EPA also addressed over 784 violations and over 300
incidences of significant noncompliance with requirements for public
drinking water systems in Indian country.

EPA also increased the capacity of tribal compliance and enforcement
programs by ensuring the quality of data on federally-regulated
facilities in Indian country, increasing the number of tribal
environmental professionals trained in compliance and enforcement
matters, and increasing the number of tribal inspectors authorized to
conduct inspections on behalf of EPA.

During FY 2005-2007, EPA discussed the Priority with representatives of
tribes and EPA’s National Tribal Caucus and Regional Tribal Operations
Committees.

Final: Indian Country Summary		October 2007

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