And now:Ish <[EMAIL PROTECTED]> writes:

From: BIGMTLIST <[EMAIL PROTECTED]>
Date: Thu, 24 Jun 1999 03:31:37 -0800
Subject: EPA

>From BIGMTLIST

The following is a Seattle Times article and some EPA sites relavant to the
Navajo/Dineh. Many of these EPA sites have not been updated for quite
awhile, but they contain interesting information and contacts.

My search for these sites was spurred by an article sent in by Diane Reese
entitled "Federal, state officials called lax on pollution laws." at:
http://www.seattletimes.com/news/nation-world/html98/altpoll_060798.html

The article appears below (for those without web access), followed by the
various EPA sites.  Fred Hansen, who is mentioned in the article, can be
reached at:

Honorable Fred Hansen Deputy Administrator U.S. Environmental Protection
Agency 401 M St., SW Washington, DC 26460

A cursery read of the EPA websites leads me to believe that the EPA is more
interested in the relatively small amount of pollution created by the
Navajo people than it is in the gross pollution created by Peabody Western
Coal Co.

The EPA Enforcement website at http://es.epa.gov/oeca/ has a good article:
"Compliance With Permitting Critical To Clean Air Act Goals" at--
http://es.epa.gov/oeca/ore/enfalert/psd1.html.  It would appear that
Peabody Coal is due for some enforcement activity.  Your feedback comments
can be entered into the form at: http://es.epa.gov/cgi-bin/oecamail.pl
===================================
===================================

seattletimes.com
Nation and World 



     Copyright � 1998 The Seattle Times Company

Posted at 10:03 p.m. PDT; Sunday, June 7, 1998

Federal, state officials called lax on pollution laws

by John H. Cushman Jr. The New York Times

WASHINGTON - The inspector general of the Environmental Protection Agency
has documented widespread failures by federal and local officials in
several states, including Washington, to police even the most basic
requirements of the nation's clean-air and clean-water laws.

In a series of new reports, the environmental agency's independent auditing
arm found waste-water treatment plants operating with obsolete permits or
with none at all, inspectors failing to visit and review factories, and
states falling short of federal goals.

The reports blamed both federal and state officials for the shortcomings.
Investigators found that state officials failed to enforce the laws and to
report violations to the federal government, but they also found that
federal officials were remiss in enforcing the law and in supervising the
state authorities.

As part of a nationwide examination of environmental enforcement that began
two years ago, the reports point to problems that are probably not isolated
in the relatively few states where audits were done, senior EPA officials
said. Most states may be enforcing the laws most of the time, the officials
said, but the sampling probably uncovered conditions that exist to varying
degrees all over the country.

Fred Hansen, the EPA's deputy administrator, said in an interview that the
audits showed "a troubling trend of possible deficiencies, at least in some
states."

In two states, Idaho and Alaska, the inspectors found that federal
authorities had not issued or renewed hundreds of permits required for
factories and waste-water treatment plants, often for as long as 10 years.
Officials issued only a handful of permits each year as part of a policy of
focusing attention on a few major sources of pollution.

Very few formal enforcement actions were taken against polluters in those
states when they significantly violated the terms of their outdated
permits, an audit disclosed.

In Washington state, where state officials had reported that only seven of
the 178 major air-pollution sources were violating permits, the auditors
sampled 31 locations and found 17 in violation. The state's inspections
were inadequate to meet federal standards, the auditors found.

In New Mexico, about half the major air-pollution sources as defined by the
Clean Air Act were never inspected from 1990 to 1996. In 1995 and 1996, the
state stopped reporting significant violations of air-quality regulations
to the federal government as the rules required. Even after the federal
agency complained and the reports resumed, the state neglected to report
about a third of the violations.

In 75 percent of the streams in Missouri, the state did not adopt the Clean
Water Act's central goal of making the water clean enough for swimming, and
ignored the federal requirement for studies to demonstrate that this
25-year-old goal was unachievable.

The state sets water-quality criteria for several pollutants at lower
levels than the federal government - without justification, a report said.

In the reviews, investigators looked at two types of pollution: emissions
into the air from operations regulated under the Clean Air Act, like
factory boilers, and discharges into the water from operations regulated
under the Clean Water Act, like waste-water outlets.

Their goal was to determine whether inspections were being conducted,
permits obeyed and violations reported according to longstanding federal
regulations. As in most such audits, the inspectors did not disclose the
names of most of the pollution sources they examined; they combined their
findings and analyzed the patterns to describe systematic failures in
enforcement.

Officials said the reports raised questions about the dedication of the
states to enforcing pollution laws and the capabilities of federal and
state workers to keep up with the millions of specific pollution-control
requirements that are intended to govern emissions from thousands of
factories and treatment plants.

While the pollution-control authorities who were criticized in the
documents generally agreed with the reports' conclusions and promised to
fix many of the problems, they appeared in some cases to be slow in
adopting the changes that they had promised, the inspector general's office
reported.

===================================

http://search.epa.gov/epaoswer/non-hw/tribal/fednews.htm


EPA's Native American Network newsletter provides information to help
interested parties stay on top of MSW management issues affecting Indian
Country. It features articles on tribal waste management programs,
information about important laws, tips for obtaining funding, and updates
on conferences and publications. The Agency hopes the newsletter will help
all of us to better work together for the preservation and protection of
the environment in Indian Country.

-----------------------------------
http://www.epa.gov/indian/may99up.htm
AIEO UPDATE (American Indian Environmental Office)

Friends, Associates and Customers of AIEO: AIEO UPDATE is published at
 least four times each year to keep you informed of the activities of 
the USEPA's American Indian Environmental Office (AIEO). We greatly 
encourage your input and feedback. AIEO UPDATE will be available 
through electronic mail and in the EPA AIEO Web Page under "What's 
New" and "Publications." Please contact Marlene Regelski at 
(202) 260-7284 or through e-mail for more information or submissions 
you may have.

-----------------------------------
http://search.epa.gov/s97is.vts

[you have to cut and paste these long URLs into the "Open Page" of your 
browser]

http://yosemite.epa.gov:80/water/adopt.nsf/adba3debad5dee888525678b006d3a7f/
e56ed6fe7ec837dc852565360052f8b7?OpenDocument


     Group Name: Puerco Valley Navajo Clean Water Association
     Contact: Raymond Morgan
     Contact Address: PO Box 951
     Thoreau, New Mexico 87323
     Contact Phone: 505-488-5763
     Activity:Watershed Alliance/Council
     Description:To help communities develop a clean, dependable water 
supply.
     Data Provided By: River Network 
     Address: PO Box 8787
     Portland, Oregon 97207
     Phone: (503) 241-3506
     Email: [EMAIL PROTECTED]

http://yosemite.epa.gov:80/water/adopt.nsf/adba3debad5dee888525678b006d3a7f/
ef3c8f9059ab9e7e852565360052c31d?OpenDocument


     Group Name: Navajo Natural Heritage Program
     Contact Address: PO Box 1480
     Window Rock, Arizona 86515
     Contact Phone: 520-871-6472
     Activity:Watershed Alliance/Council
     Description:Collection, management, and dissemination of information 
on the distribution and status of rare
     and/or protected plant and animal species and biotic communities on 
the Navajo Nation.
     Data Provided By: River Network 
     Address: PO Box 8787
     Portland, Oregon 97207
     Phone: (503) 241-3506
     Email: [EMAIL PROTECTED]

-------------
http://www.epa.gov/swerosps/bf/html-doc/navajo.htm

United States Environmental Protection Agency
Office of Solid Waste and Emergency Response
EPA
Brownfields Pilot - Navajo Nations, AZ
Publication: EPA 500-F-97-023
May 1997
Office of Outreach and Special Projects (5101)
Quick Reference Fact Sheet



EPA's Brownfields Economic Redevelopment Initiative is designed to empower
States, communities, and other stakeholders in economic redevelopment to
work together in a timely manner to prevent, assess, safely clean up, and
sustainably reuse brownfields. A brownfield is a site, or portion thereof,
that has actual or perceived contamination and an active potential for
redevelopment or reuse. Between 1995 and 1996, EPA funded 76 National and
Regional Brownfields Assessment Pilots, at up to $200,000 each, to support
creative two-year explorations and demonstrations of brownfields solutions.
EPA is funding more than 27 Pilots in 1997. The Pilots are intended to
provide EPA, States, Tribes, municipalities, and communities with useful
information and strategies as they continue to seek new methods to promote
a unified approach to site assessment, environmental cleanup, and
redevelopment.



PILOT SNAPSHOT 

Date of Award: September 1996

Amount: $200,000 

Site Profile: The Pilot targets a10.5 acre, former timber mill site in 
the eastern third of the Navajo Nation 



BACKGROUND 

EPA selected the Navajo Nation for a Brownfields Pilot. The Tribe's 10-Year
Forest Management Plan expired in 1992, eliminating access to tribal timber
resources. The Navajo Forest Product Industries (NFPI) mill site in Navajo,
New Mexico, closed in April 1995 because of the cost of using
off-reservation timber and is now abandoned. There are 300 unemployed mill
workers in the local tribal community of 2,293 people. Most NFPI employees
were from the Tribe's Red Lake Chapter. The 10.5 acre site included a
particle-board factory and millworks with machinery and maintenance shops.
A site inspection has revealed clear evidence of potentially hazardous
substances in the environment, including PCBs, acids, solvents, and
batteries. Employment for local residents is needed to replace jobs lost
from the closed mill.

OBJECTIVES 

The Navajo Nation Environmental Protection Agency outlines five overall
objectives: 1) identify all hazardous substances on-site or in groundwater;
2) assess public health and environmental risks; 3) educate the community
about the problem; 4) develop an effective and affordable remedial design;
and 5) after the two-year grant period, clean up and revitalize the NFPI
industrial complex. The Navajo Nation and the local people want to lease
part or all of the site facilities to a lumber milling company and recall
as many of the laid off employees as possible. The logging operation can
take place while the new 10-Year Forest Management Plan is being developed.

ACCOMPLISHMENTS AND ACTIVITIES

The Pilot is:

Scoping the local community's needs and concerns, including a door-to-door
outreach and education campaign conducted in the Navajo language;

Assessing the site to determine the cleanup status of each component of the
NFPI facility;

Conducting a public tribal meeting to secure a Letter of Decision
commitment by the Red Lake Chapter to lease all or part of the site to help
finance remediation of NFPI facility; and

Preparing a site remediation plan.

CONTACTS: 

Lorenda Joe 
Acting Director Navajo Nation 
Environmental Protection Agency 
(520) 871-7692

Steve Simanonok 
U.S. EPA - Region 9 
(415) 744-2358 
[EMAIL PROTECTED]

Visit the EPA Brownfields Website at:
http://www.epa.gov/brownfields



EPA
United States 
Environmental Protection 
Agency (5101)
Washington, DC 20460

Official Business 
Penalty for Private Use $300
-------------
===========================

http://www.epa.gov/owmitnet/tech.htm

NPDES Permit Program - Technical Assistance

Navajo Nation Environmental Protection Agency

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PROGRAM

Navajo Nation EPA NPDES Program P.O. Box 339 Window Rock, AZ 86515
Telephone: (520) 871-7185 or 7186 Fax: (520) 871-7599 Navajo Nation EPA (MNEPA)

The Navajo Environmental Protection Commission was established in 1972. In
1995, enabling legislation made the Navajo Nation Environmental Protection
Agency (NNEPA) a separate regulatory entity within the executive branch of
the Navajo Nation government. NNEPA is charged with protecting human
health, welfare, and the environment of the Navajo Nation. In April 1995,
the Navajo Nation Council passed the Navajo Nation Environmental Policy Act
which provides guidance for NNEPA and instills Navajo philosophy regarding
the protection of Mother Earth.

The mission of NNEPA is as follows: With respect to Dine values, protect,
preserve, and enhance our Navajo environment for present and future
generations by developing laws, implementing, and enforcing strong
environmental laws; implementing, and enforcing strong environmental laws;
to foster public awareness and cooperation through education.

U.S EPA Region 9 (San Francisco) is the lead region working with all the
NNEPA programs.

Navajo NPDES Program

The Navajo NPDES Program began in September 1992 with a federal grant from
U.S. EPA under Section 104(b)(3) of the Clean Water Act.

The mission of the Navajo NPDES Program is to �Protect public health,
welfare, and the environment form discharge of pollutants into waters of
the Navajo Nation and from the use and disposal of sewage sludge on Navajo
lands�

There are 35 NPDES permits for facilities that discharge of may discharge
wastewater on the Navajo Nation. These types of facilities include: sewage
treatment plants/lagoons, power plants, coal mines, oil field tank
batteries, and agricultural industry. There are also several facilities on
the Navajo Nation covered under NPDES general permit for storm waste
discharges.

Statement of Problems

Presently, the Navajo Nation must rely on U.S. EPA Region 9 to issue NPDES
permits, enforce permit compliance, and respond to NPDES-related incidents.
Due to our geographical location, Region 9 may not be able to respond to
all concerns.

Numerous unpermittted NPDES activities occur on the Navajo Nation:
over-flowing sewer lagoons indiscriminate dumping of septic tank waste;
discharges of wastewater from oil field tank batteries; unchecked storm
water runoff from both industrial and construction utility sites; as well
as, unpermitted off-reservation discharges impacting the Navajo Nation.

Program Goal

The goal of the Navajo NPDES Program is to obtain U.S. EPA-approved
authorization to operate NPDES, pretreatment, and sludge management
programs. Currently, staff are working on a program Submission Package, and
application for program authority. The Navajo Nation will likely be the
first Indian Tribe to receive NPDES program authorization.

NPDES Program

A permit program that regulates the discharge of pollutants from a point
source to waters of the U.S. through issuance of permits to discrete
discharges of pollution. NPDES permits include effluent limits, compliance
schedules, motoring and reporting requirements, and other necessary
conditions. The Navajo NPDES Program currently assists USEPA Region 9 in
reviewing and submitting recommendations on permit applications.

Pretreatment Program

The Navajo NPDES Program will regulate industrial discharges to municipal,
publicly-owned treatment works (POTWs). Since industry wastes can interfere
with the operation of the treatment plants or pass thought the system
untreated. States, Tribes, and local authorities establish local limits to
prohibit harmful discharges from industry and to establish monitoring and
reporting requirements.

Sludge Management Program

This portion of the Navajo NPDES Program regulates the use and disposal of
sewage sludge, which includes septic tank waste. Sludge can be sent to a
municipal land full or surface disposal site, incinerated, or applied to
land as a fertilizer. The Navajo NPDES program will be responsible for
establishing quality standards for sewage sludge, and will require POTWs to
establish adequate management practices. All requirements will be specified
in the NPDES permits, in separate �sludge only� permits issued to the POTWs
or though regulations issued by NNEPA.

Accomplishments

In its brief existence, the Navajo NPDES Program has accomplished the
following:

Submission of an eligibility (Treatment-AS-A State) application to U.S EPA.
Inventory of actual and potential point source discharges on the Navajo
Nation. Drafting of NPDES discharge permits for Navajo-based facilities.
Development of a tribal NPDES code. Joint NNEPA-U.S. EPA compliance
inspections of NPDES permitted facilities. Investigation of complaints by
Navajo residents and chapters on NPDES-related incidents.

 For Big Mountain
and other activist internet resources, visit "The 
Activist Page" at 
http://www.theofficenet.com/~redorman/welcome.html
Also, for great internet tools please visit:
http://www.msw.com.au/cgi-bin/msw/entry?id=1271
********************************************


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