TRP Workshop

Region 7 Tribes

Blase Leven – KSU TAB Program

Mickey Hartnett – MAP/Envirofields

Mary Ahlstrom – MAP/MA Environmental

May 21 - 23, 2012

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Site Inventory to Cleanup

T R P

Inventory

Public Record

Assessment Prioritization

Site Discovery Cleanup & Verification

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What will we cover ?

General Overview of TRP Site Work

Phase I & II Assessments

Establishing Cleanup Stds. &

Cleanup Decision Making

Cleanup Approval & Certification

Contracting TRP Work

Development of Tribal Solid Waste

& TRP Codes

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How will we do that?

A combination of:

A Video of Tribal TRPs

Power Points

Exercises

Discussion

Your Input & Questions

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Introductory Video

Presentation

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Overview of TRP Site

Work – The “Law”

• Small Business Liability Relief and

Brownfields Revitalization (SBLRBRA,

hereafter referred to as the “Brownfield

Law”) passed by Congress in 2002.

• Amended the Comprehensive

Environmental Response, Compensation,

and Liability Act of 1980 (CERCLA aka

Superfund)

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The “Law”

Added: Section 128(a) ASSISTANCE TO

STATES (1) IN GENERAL.—

(A) STATES.—The Administrator may

award a grant to a State or Indian tribe

that: (i) has a response program that

includes each of the (four) elements, or is

taking reasonable steps to include each of

the elements.

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Tribal Response Program

Therefore: Congress built upon the previous

EPA brownfield activities and provided

EPA with expanded authority to fund other

activities that build capacity for state and

tribal response programs.

This created the:

“Tribal Response Program” (TRP).

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Goals of EPA TRP

Funding

Generally to increase tribal cleanup

capacity and:

1) to ensure that tribal response programs

include, or are taking reasonable steps to

include, certain elements; and

2) to provide funding for other activities* that

increase the number of response actions

conducted or overseen, by a tribal response

program. (*including Site Specific Activities)

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US EPA Guidance

A secondary goal of the 128(a) grant is to provide

funding for other activities that increase the

number of response actions conducted or

overseen by a tribal response program.

Therefore, tribes may use 128(a) funds for

activities that improve tribal capacity to increase

the number of sites at which response actions

are conducted under the tribal response

program.

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US EPA Guidance

Allows for site-specific activities that

establish and/or enhance the response

program and be tied to the four elements

of State or Tribal Programs:

● survey & inventory

● oversight & enforcement

● public participation

● cleanup plan approval process, verification &

certification

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When can we do “real work”?

How do we conduct an

assessment and cleanup

of a “Brownfield” or other

tribal sites? Can you clean out my dog house? (and sample it too? )

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What site work can we do?

What site activities are

fundable under the

128(a) TRP Grant?

You can sample & clean out my dog house for Free!

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US EPA Guidance

Eligible site-specific activities include:

• conducting assessments or cleanups at

brownfield* sites;

*“…real property, the expansion, redevelopment, or

reuse of which may be complicated by the presence or

potential presence of a hazardous substance,

pollutant, or contaminant.” (Public Law 107-118 (H.R. 2869) - “Small Business Liability Relief

and Brownfields Revitalization Act”, signed into law January 11, 2002)

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US EPA Guidance

Eligible uses of grant funds . . . for site-specific

activities . . . (continued):

• Re-use planning, requests for proposals (RFPs), quality

assurance project plans (QAPPs), sampling & analysis

plans (SAPs), cleanup plans and verification, related

reports, etc.

• oversight/verification of cleanups at non-brownfields

sites.

• other activities – all must be in Work Plan negotiated

with EPA.

Tribal Phase I Assessments

Contracting Site

Assessments: Phase I &

II

Phase II Environmental Site Assessment Work-

Sampling

Brownfield Grant

Cleanups

Tribal 128(a) Funded

Cleanups

Assessment and Response Actions at Open Dumps

Emergency-Spill Response

& Oversight

Tribal Oversight & Assessments:

(Know the Hazards)

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Site-Specific Activities & the

“Four Elements” of TRPs

T R P 2) Oversight & Enforcement

• Procedures

• Codes & Ordinances

Inventory

Public Record

Assessment Prioritization

Site Discovery Cleanup & Verification

3) Public

Participation

4) Cleanup Approval,

Verification, Certification

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US EPA Guidance

• EPA approval is required before any 128(a)

grant funds can be obligated or expended on

site specific activities.

• Section 128(a) funds for site specific activities

can only be used for assessments or cleanups

at sites that meet the definition of a brownfield

as defined under CERCLA 101(39). This

includes petroleum contaminated brownfield

sites.

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US EPA Guidance

• This approval is normally obtained by providing

EPA with sufficient information, through

submission of a “Site Specific Eligibility

Determination” request, to review the site

eligibility for such funding and compliance with

the Law and applicable EPA policies.

(consult your EPA Region for specific information needed)

Change This

To This

&

Eventual Reuse

Replace This

With This (Southern Utes Tribal

Multi-purpose Bldg.)

Ina Nez Perce – Director Tribal Env. Dept. Fort Belknap Indian Community, MT

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Example of Programming Site

Specific Activities into Work Plan

Winnebago TRP Program

Winnebago Work Plan

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Special Guest – State of Nebraska

Charlene Sundermann

NDEQ Brownfields Program

TRP Workshop

Region 7 Tribes

Blase Leven – KSU TAB Program

Mickey Hartnett – MAP/Envirofields

Mary Ahlstrom – MAP/MA Environmental

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