United StatesEnvironmental ProtectionAgency

Solid Waste AndEmergency Response(OS-340)

EPA/530-SW-91-001Issue #2Spring 1991

A RCRA Information ExchangeAROUND THE REGIONS

Region VIII Tribes MeetTo Form EnvironmentalCoalition

Tribal leaders and officialsfrom the Region VIII Indiantribes recently gathered inRapid City, South Dakota toaddress environmental con-cerns and to begin formationof a coalition. Invitations weresent to tribes in North andSouth Dakota, Montana,Wyoming, Utah, and Colorado.Federal agencies includingEPA, Indian Health Service(IHS), the Bureau of IndianAffairs (BIA), and the Depart-ment of Housing and UrbanDevelopment (HUD) also wereinvited. Nearly 120 tribalrepresentatives attended “TheSolid Waste and Environ-mental Conference,” heldNovember l-2. 1990.

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The Oglala Sioux TribeAnd the Blue LegsDecision

Mattie Blue Legs (an Oglalatribal member) and MargaretJenkins (a nonmember) ownedland adjacent to an opendump on the Pine Ridge IndianReservation. In 1985, afterexhausting all avenues toresolve what they consideredto be a serious waste disposalproblem, they filed a civil suitin the U.S. Court against EPA,BIA, IHS, and the Oglala SiouxTribe (OST) claiming violations

under RCRA. (EPA was laterdismissed from the suit.)Ultimately, the Court handeddown the Blue Legs Decisionin favor of the plaintiffs.

In February 1990, theOglala Sioux Tribe was or-dered to implement the “Planfor Solid Waste ManagementProgram, Option One, PineRidge Indian Reservation,South Dakota,” commonlyreferred to as the Option OnePlan. The Plan, developed bythe IHS and BIA, provided ashort-term solution to the

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Pine Ridge before the Court-ordered cleanup

Mattie Blue Legs(continued from page 1)solid waste problems on the1.8 million acre Pine RidgeIndian Reservation. The Courtordered the initial funding forthe implementation of the Planin the amount of $370,323.The cost was allocated to BIA(50 percent). IHS (25 percent),and OST (25 percent). Addi-

tionally, the Tribe was as-signed responsibility formanaging the solid wasteprogram.

The Plan’s goals were toclean up and close 14 existingopen dumps; construct ninenew sanitary landfills; pur-chase operation and mainte-nance equipment; provideoperation and maintenance of

Pine Ridge after Mattie Blue Legs

Region VIII Meets(continued from page 1)

Although the conferencefocused on solid waste issues,other environmental topicsdiscussed include asbestosand water. The agenda in-cluded presentations by severaltribes and a panel discussionwith representatives from EPA,BIA, HUD, and IHS.

Attendees divided intoworkgroups to discuss devel-oping the coalition. Theworkgroups focused on thecoalition’s scope and issues;objectives and goals; member-ship and structure; financing;and operational plan. Partici-pants reviewed and discussedreports from the workgroups.

The goals of the coalition are:

- to facilitate a process forexchange of data and informa-tion to ensure tribal awarenessof and cooperation on environ-mental protection; and

- to present a collectivevoice to Congress for securingadequate funding and repre-sentation on Indian environ-mental concerns.

After the coalition has beenestablished, the Region VIIItribes will assist tribes in otherEPA Regions to form their owncoalitions, with an eventualgoal of establishing a nationalcoalition. Ultimately, thenational coalition will workwith Congressional leaders tofulfill RCRA’s goals.

the new landfills; developcodes to regulate solid wastedisposal; and provide publiceducation to the Reservation’sresidents.

Since the implementation ofthe Plan, all 14 sites have beencleaned up and closed; ninenew landfills have been built;personnel and equipment arein place to conduct operationand maintenance; a draft ofthe solid waste code is underreview; and a massive publiceducation program has beeninitiated.

In addition to achieving thePlan’s goals, the Plan wasamended to incorporate theTribe’s voluntary efforts toinclude more of RCRA’s mu-nicipal landfill criteria; toaddress the Reservation’sservice requirements; and torevise the budget so that thePlan could be implementedwithout financial burdens onlimited Tribal funds.

The Tribe was faced withimplementing the Plan usingthe funds provided by thefederal defendants, whichamounts to only 75 percent ofthe estimated cost. These fundsdid not cover the cost of thelandfills’ operation and main-tenance. They also did notcover the costs of providingadequate collection service tothe Reservation’s nine districtsand the communities withinthem. However, the Plan calledfor “the orderly removal andtransportation of wastes fromthe point of generation to thepoint of disposal.” Since thelandfills were operational assoon as construction wascomplete, the budget had to berevised to include funds foroperation and maintenance atthe landfills. and for programoperating costs until moneycan be collected through userfees.

2 Native American Network

Training: A PowerfulManagement Tool forTribal Governments

Interest in training hasincreased enormously over thelast decade. Industry, busi-ness, government, and thegeneral public have a need fortraining. With recent advancesin technological development,the need for highly skilled andtrained individuals has be-come an absolute necessity. Arecent business journal articlestates the theme of the 1990swill be “train, train, train.”

Tribal governments (likestate governments, industry,and EPA), find there is a severeshortage of adequately trainedindividuals who understandRCRA. What has to be done tosolve this problem is on-the-job training. RCRA training isnot a lot different than manytechnical training programs.When people start new jobs orchange jobs, their skills, whilevery useful, are not necessarilyadequate enough to carry outthe responsibilities of the newposition. A person must

acquire new skills and newinformation to tackle the newjob. This is the problem mostorganizations, and the peoplewithin those organizationswho work with RCRA, face.

What is needed is a generaltraining program: a programwhich helps a person who isnew to RCRA to understand itas quickly and thoroughly aspossible. OSW has created acore RCRA orientation courseto assist new people in acquir-ing this general understand-ing. This orientation coursecan be easily used by thoseindividuals who need a generalbackground. For specifictraining in those areas wheretribal governments havespecific problems, a great dealis available from the EPA, thestates, and private contractors.To use this training efficiently,it is important to set uptraining plans with thoseindividuals who are going tobe involved in the training.EPA’s Regional Indian Coordi-nator is an important contactperson in this effort.

This leaves two needs yetunanswered in the trainingprogram. One is experientiallearning—working directly on

problems with experiencedpeople. Again, the RegionalIndian Coordinator can ar-range for this type of experi-ence. All too often directexperience is neglected be-cause people are very busyand simply don’t take the timeto make it happen.

The second need that isextremely important is devel-oping a RCRA network. Wetalk a lot these days about“networking.” Networking isdeveloping contacts with

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Mattie Blue Legs(contlnued from p. 2)

In estimating the cost of thePlan, in actual services andother implementation items,OST contributed far more than25 percent of the hard dollars.OST’s contribution includesTribal land, Tribal personnelfor management and sitesupervision, and publicationmaterials. Additionally, imple-mentation took more timethan originally calculated.

The Oglala Sioux Tribeplans to continue operatingthe solid waste managementproject in accordance with theCourt-ordered Plan, at least forthe next year. An interim userfee program has been devel-oped to generate revenue forcontinued management ofsolid waste until Tribal ordi-nances are finalized.

The Plan is a definite im-provement over previous solidwaste management practices,but it is not a permanentsolution. The Tribe is studyingalternatives that may be moresuitable for the unique situa-tion on the Reservation andthat will meet or exceedcurrent and pending federalregulations.

Native American Network answers questions peoplefrequently ask EPA.

Q: Americans scrap 234 million tires each year.What are the environmental impacts of allthis tire disposal?

A: Most of the health and environmental hazardsrelated to tire disposal are caused by long-standing stockpiles of whole tires. The airpockets in tires provide convenient habitats forrodents and they hold water. The water pro-vides ideal breeding grounds for mosquitoes,which can transmit serious diseases.

Stockpiled tires also pose fire hazards.Burning stockpiles are difficult to extinguishbecause the air pockets trap oxygen thatconstantly feeds the flames. When burning,tires emit a noxious, air-polluting black smoke.The remaining oils and soot can run off intoand contaminate surface and ground-watersupplies. Some the fires have burned for morethan a year!

Q: How can I get rid of old tires?

A: You can check your local library for issues ofWaste Age, Scrap Tire News, Resource Recy-cling. and other solid waste publications thatlist tire shredding companies in several states,or check your telephone directory for a list ofscrap tire companies located in your area. Youcan also call EPA’s RCRA Hotline to obtain theaddress and phone number of the person tocontact about tires in your state. Then callyour state and ask for a list of companies thataccept waste tires in your area. EPA does notremove tires.

Q: How does the forthcoming criteria for mu-nicipal solid waste landfills affect facilitiesconstructed between the promulgation andthe effective dates of the new criteria?

A: The date of construction of a landfill is not therelevant factor regarding compliance. Thetrigger event for compliance is the placement ofwaste. Any landfill which accepts waste afterthe effective date is subject to the applicabletechnical requirements of the criteria, includ-ing liner requirements.

Training

people who are knowledgeableand have experience. A net-work also provides contactswith people who are workingwith the same issues andtrying to solve the same kindsof problems. Networking andtraining go together. Trainingbrings people together andhelps them find out who canhelp. Networks start withtraining and build throughoutone’s working career.

So what is training? It islistening, reading, askingquestions, discussing, prob-lem solving, networking,developing skills, communica-tions, and all the other thingseach of us does every day toimprove ourselves. It offersbasic concepts and teaches anindividual how to apply themto specific situations. It is nowonder the world’s mostsuccessful corporations sostrongly stress the need fortraining. They have found themost important part of anyorganization is its people, andthe investment in trainingpeople saves money by in-creasing efficiency. It is not afrill, but a necessary part ofany organization. Training isthe tool that allows people todo their jobs.

Clandestine Drug labsClandestine drug laborato-

ries can be located anywhere:in homes, hotels, apartments,and caves or on boats, privateproperty, and public lands.Wastes may be dumped nearthe laboratory, or along road-sides, in sewers, lakes, orstreams to avoid detection ofthe clandestine laboratory siteand the violator. Indian landshave been used in the past forsimilar indiscriminate dump-

ing.

Some sites have been inoperation for years and havediscarded large quantities ofhazardous waste. Some ofthese may already have con-taminated rivers, streams, andlakes, or percolated throughthe soil into the ground water.

Illegal (or clandestine) druglaboratories produce a varietyof controlled drug substances

which include hallucinogensand stimulants. The majorityof the laboratories seized bythe Drug Enforcement Admin-istration (DEA) produce threedrugs: methamphetamine,amphetamine, and phencycli-dine (PCP). Controlled sub-stance analogs (“designerdrugs”) are also synthesized inan attempt to circumvent theControlled Substances Act(CSA).

The wastes from theseoperations are a very realconcern to the public. Clan-destine drug laboratories maypresent both acute andchronic health risks to indi-viduals involved in the seizureand cleanup of the site, tothose who live or work nearby,and to the violator operatingthe laboratory. The chemicalsused in these laboratories maybe explosive, flammable, toxic,and/or corrosive. Environ-mental problems associatedwith these chemicals arecompounded by the violatorwhose education ranges fromnovice (with little or no chem-istry background) to the PhDchemist whose interest inprotecting human health and

the environment is overshad-owed by the potential for highprofits. Due to the uniquehazards associated withclandestine drug laboratoryinvestigations and seizures,DEA conducts a specializedtwo-week training course forits personnel assigned to thisactivity. This training consistsof specialized investigativestrategies, evidence handlingprocedures, as well as healthand safety topics, identifica-tion of bombs and booby-traps, and proper handling ofhazardous chemicals.

Trends

Illegal drug manufacturinghas been on the rise over thelast decade. In 1981, the DEAseized nearly 200 clandestinedrug laboratories. By 1988,the number had risen to over800. In 1990, however, thenumber dropped off to 565.

New legislation like theCDTA (see inset) is responsibleto a large degree for the declinein the number of seizures byDEA. It is unclear whether thedecline in the number of clan-destine drug laboratory seizures

6 Native American Network

FEDERAL PLAYERS

Administration forNative Americans: ASmall Agency with aBig Mission

The Administration forNative Americans (ANA) is partof the Office of Human Devel-opment Services in the De-partment of Health and Hu-man Services (HHS), located inWashington. D.C. ANA’smission is to promote theeconomic and social self-

sufficiency of American Indi-ans, Alaska Natives, NativeHawaiians, and Native Ameri-can Pacific Islanders by pro-viding grants, training, andtechnical assistance, andpromoting policies that en-courage and support locallydetermined Native Americansocial and economic develop-ment. The Commissioner isTimothy Wapato, who is alsochairman of the Intra-departmental Council onIndian Affairs, a body thatserves as the focal point withinHHS for all matters regardingNative Americans.

ANA’s program goals arebased on the premise thatlocal Native American commu-nities are responsible for theirown programs, and for build-ing sound economic basesfrom their own natural, envi-ronmental, and human re-sources. The Administrationseeks to (1) develop andstrengthen tribal governments,local decision-making, andNative American leadership;(2) encourage the developmentof stable, diversified localeconomies and economicactivities which promote social

(continued on page 8)

Drug labs(continued from page 6)will continue or if the trend willreverse as the operators ofthese laboratories find newways to circumvent the law.

Guidance and Support

Congress established aJoint Federal Task Forceconsisting of participants from

Six Steps of a SuccessfulClandestine Drug Lab

Seizure

1. Planning the Raid

2. Initial Entry

Secure the site

3. Assessment

Shut down process:assess health /safetyrisks: ventilate

4. Processing

Take samples: evidence

5. Exiting the Site

Remove chemical fordestruction: pestwarning signs

6. Follow-up

Notify by letter:property owner,health department/environmental agency

EPA, DEA, and the U.S. CoastGuard to develop The Guide-lines for Cleanup of Clandes-tine Drug Laboratories. Theseguidelines identify six steps ina successful seizure.

DEA has established amultimillion dollar contract forthe cleanup and disposal ofchemicals and glassware atseized clandestine drug labo-ratory sites. The contractprovides the needed support toDEA field agents and chemistswhose primary jobs are lawenforcement and chemistry-not hazardous waste manage-ment. The contract is used toprovide the expertise forcompliance with the hazard-ous waste generator standardsunder RCRA. The DEA, withEPA’s concurrence, maintainsthe position that law enforce-ment responsibilities end afterseizure, removal of the chemi-cals and glassware, andnotification of the propertyowner, state and local healthdepartment, or environmentalagency that a clandestine druglaboratory was seized at thatsite. As part of the law enforce-ment activity, DEA willclean up readily identifiablegross contamination (e.g.,drums, bottles, cans, contami-

nated rugs, flooring,countertops, etc.). but will notdo any remedial cleanup ofresidual contamination (e.g.,septic systems when draindisposal has been used).

DEA has expressed a will-ingness to assist other lawenforcement agencies by usingthe DEA cleanup contract ifDEA is notified as early aspossible, participates in theinvestigation and seizure, andadopts the case. For technicalas well as administrativereasons, it is imperative thatDEA have an active DEA fileopened on such cases beforeapplying the funds for cleanupand disposal.

ANA

and economic well-being andreduce dependency on welfare;and (3) support local control,access to, and coordination ofprograms and services whichsafeguard the health and well-being of Native Americans.

The organization has be-come increasingly concernedabout addressing the problemof environmental degradationcurrently being faced by tribalcommunities. The environ-mental problems confrontingtribes today have an impact onevery aspect of life in IndianCountry. Tribal governmentsexperience difficulty in identi-fying, correcting, and prevent-ing environmental problemsbecause of limited financialresources, a small tax base,and physical and social isola-tion from other communities.Since 1985, ANA has awardednearly one million dollars toapproximately 20 grantees forthe establishment of environ-

mental codes. For example,the Coeur d’Alene Tribe ofIdaho designed a project tohelp establish environmentalprotection codes to provide alegal basis for control of landdevelopment and to maintainand control water quality. InColorado, the Southern UteTribe received a grant for anatural resource database andmanagement project. Thisproject developed environmen-tal policies on energy and landdevelopment and assisted theTribe to assume regulatoryresponsibilities for water usepolicies.

Under CommissionerWapato’s leadership, ANA isresponding in several newways to the need for reserva-tion environmental protection.First, under the CoordinatedDiscretionary Funds Program,ANA is soliciting applicationsfor the purpose of developingaction-oriented approachesthat address the broad rangeof environmental issues facingNative American communities.

Second, the Commissioner isactively soliciting ideas fromthe tribal leadership on thedirection of preserving andimproving the environment.

Other future activities willinvolve ANA planning forpossible appropriations underthe Indian EnvironmentalRegulatory Act, P.L. 101-408,passed on October 4, 1990.This legislation amends theNative American Programs Actof 1974 and authorizes grantsto improve the capability ofIndian tribal governments toregulate environmental qual-ity. Should appropriationsbecome available, grants willbe awarded for training andeducation of tribal employeesresponsible for enforcing ormonitoring compliance withenvironmental quality laws;the development of tribal lawson environmental quality; andthe enforcement and monitor-ing of environmental qualitylaws.

Office of Solid WasteU.S. Environmental Protection Agency401 M Street, SW.OS-305Washington, D.C. 20460

Official BusinessPenalty for Private Use$300

Municipal Solid Waste Contacts

Waste Reduction and ManagementBranch

Recycling and ImplementationBranch

ResidualsManagement

Section

Source ReductionSection

IRecycling

Section

IImplementation

Section

Regional ContactsRegion 1 Region 4Ron Jennings Patricia ZweigWaste Management Division Waste Management Division(HEE-CAN 6) (4WD)U.S. EPA - Region 1 U.S. EPA - Region 4JFK Federal Building 345 Courtland Street, NEBoston, MA 02203 Atlanta, GA 30365FTS 8-833-1656 FTS 8-257-2091(617) 573-9656 (404) 347-2091

Region 2Michael DeBonisAir and Waste Management Division(2AWM-SW)U.S. EPA - Region 226 Federal PlazaNew York, NY 10278FTS 8-264-2657(212) 264-2657

Region 5Susan Mooney/Nancy BedellWaste Management Division(5HR-13)U.S. EPA - Region 5230 South Dearborn StreetChicago, IL 60602FTS 8-353-4686/353-8234(312) 353-4686/353-8234

Region 3Andrew UricheckWaste Management Branch(2HW30)U.S. EPA - Region 3841 Chestnut StreetPhiladelphia, PA 19107Frs 8-597-0982(215) 597-0982

Region 6Guanita ReiterRCRA Program Branch(6H-H)U.S. EPA - Region 6First Interstate Bank Tower1445 Ross Avenue, Suite 1200Dallas, TX 75202FTS 8-255-6760(214) 6556760

Headquarters ContactsMunicipal and Industrial Solid Waste Division(OS-301)U.S. Environmental Protection Agency401 M Street, SW.Washington, D.C. 20460

Industrial Solid WasteBranch

Region 7Chet McLaughlinWaste Management Division(STPG)U.S. EPA - Region 7726 Minnesota AvenueKansas City, KS 66101FTS 6-276-7666(913) 551-7666

Region 8Judith WongHazardous Waste Management Division(8HWM-RM)U.S. EPA - Region 8999 18th Street, Suite 500Denver, CO 80202-2405FTS 8-330-1667(303) 293-1667

Region 9Jean IngersollHazardous Waste Management Division(T-2-3)U.S. EPA - Region 975 Hawthorne StreetSan Francisco, CA 94105FTS 8-484-2103(415) 744-2103

Region 10Mike BussellHazardous Waste Division

\ (HW-114)U.S. EPA - Region 101200 Sixth AvenueSeattle, WA 98101FTS 8-399-2857(206) 442-2857

EPA PublicationsThe following publications are available at nocharge from the EPA RCRA/Superfund Hotline.

Call (800) 424-9346.

GeneralAmerica’s War on Waste - EnvironmentalFact Sheet

Bibliography of Municipal Solid WasteManagement Altematives

Characterization of MunicipalCombustion Ash, Ash Extracts, andLeachates - Executive Summary

Characterization of Municipal Solid Wastein the United States:1990 Update - Executive Summary

Decision-Maker’s Guide to Solid WasteManagement (Volume I)

Reusable News - Winter 1990

Reusable News - Spring 1990

Reusable News - Summer 1990

Reusable News - Fall 1990

Reusable News - Winter 1991

Sites for Our Solid Waste: A Guidebookfor Effective Public Involvement

Siting Our Solid Waste: Making PublicInvolvement Work

Unit Pricing: Providing an Incentive toReduce Waste

Variable Rates in Solid Waste:Handbook for Solid WasteOfficials - Executive Summary

Source Reduction

EPA/530-SW-90-002

EPA/530-SW-89-055

EPA/530-SW-90-0298

EPA/530-SW-90-042A

EPA530-SW-89872

EPA/530-SW-90-018

EPA/530-SW-90-039

EPA/530-SW-90-055

EPA/530-SW-90-056

EPA/530-SW-91-020

EPA/530-SW-90-019

EPA/530-SW-90-020

EPA/530-SW-91-005

EPA/530-SW-90-084A

Be An Environmentally Alert Consumer

Characterization of Products ContainingLead and Cadmium in Municipal SolidWaste in the United States,

EPA/530-SW-90-034A

1970 to 2000 - Executive Summary EPA/530-SW-89-015C

RecyclingRecycling Brochure

Recycling Works!

Used Oil

EPA/530-SW-88-050

EPA/530-SW-89-014

How to Set Up a Local Program toRecycle Used Oil

Recycling Used Oil: For Service Stationsand Other Vehicle Service Facilities

Recycling Used Oil: 10 Steps to ChangeYour Oil

Recycling Used Oil: What Can You Do?

EPA/530-SW-89-039A

EPA/530-SW-89-039D

EPA/530-SW-89-039C

EPA/530-SW-89-039B

PlasticsMethods to Manage and Control PlasticWastes - Executive Summary EPA/530-SW-89-051A

The Facts About Plastics in theMarine Environment EPA/530-SW-90-017B

The Facts on Degradable Plastics EPA/530-SW-90-017D

The Facts on Recycling Plastics EPA/530-SW-90-017E

Plastics: The Facts about Production,Use, and Disposal EPA/530-SW-90-017A

Plastics: The Facts on Source Reduction EPA/530-SW-90-017C

Educational MaterialsAdventures of the Garbage Gremlin EPA/530-SW-90-024

Let’s Reduce and Recycle: Curriculumfor Solid Waste Awareness EPA/530-SW-90-005

’Recycle Today: Educational Materialsfor Grades K-12 EPA/530-SW-90-025

Ride the Wave of the Future:Recycle Today! EPA/530-SW-90-010

School Recycling Programs:A Handbook for Educators EPA/530-SW-90-023

The following EPA publications areavailable for a fee from the NationalTechnical Information Services (NTIS).Call (703) 487-4650.

Characterization of Municipal SolidWaste Combustion Ash, Ash Extracts,and Leachate

Characterization of Municipal Solid Wastein the United States: 1990 Update

Charging Households for WasteCollection and Disposal: The Effects ofWeight- or Volume-BasedPricing on Solid Waste Management

Methods to Manage and ControlPlastic Wastes

Office Paper Recycling: AnImplementation Manual

Promoting Source Reduction andRecycling in the Marketplace

Variable Rates in Solid Waste: Handbookfor Solid Waste Officials Officials

Yard Waste Cornposting: A Study ofEight Programs

PB90-187 154

PB90-215 112

PB91-111 484

PB90-163 106

PB90-199 431

PB90-163 122

PB90-272 063

PB90-163 114

*EM Native American Network

A RCRA Information Exchange

Editor: Judi Kane Phone: (202) 382-5096382-5096