Tribal Waste and Response Assistance Program

Steering CommitteeAgenda

February 16-17, 2016

Washington DC

U.S. EPA Potomac Yard Facility, South Entrance Room: 4370/80

Steering Committee Members

  • Victoria Flowers - present
  • Alexander James - present
  • Tim Kent - present
  • Victoria Kotongan - present
  • Katie Kruse - absent
  • Virginia LeClere - present
  • Arvind Patel - present
  • Rob Roy - present
  • Elliott Talgo - absent
  • John Wheaton - present

Tuesday, February 16

8:30 – 9:00 amOpening Session: Welcome, roll call of committee members, and review of the agenda

  • Presentation: Brigid Lowery, Director of OLEM’s Office of Communication, Partnership and Analysis (OCPA), gave an overview of changes in OLEM, including the merger of the Innovation Partnership and Communication Office and Center for Program Analysis into OCPA, and the name change from OSWER to OLEM. Ms. Lowery also spoke of the 2015 Priority Document and how helpful it has been to the various OLEM offices. Climate change effects on OLEM-related programs is a priority for her office and she would find it very helpful to hear from committee members on the effects they see on the ground and suggestions on how USEPA can best help tribal programs meet these new challenges.
  • Discussion: The issue of environmental justice (EJ) was raised in regard to cleanup activities at contaminated sites. Kent Benjamin, the Acting Deputy Director of OCPA, is the office’s EJ liaison and spoke on current work being conducted throughout USEPA on EJ issues. USEPA’s goal is to ensure that EJ is not an add-on, but rather is integrated into all actions and programs. Committee members also discussed the Re-Powering America’s Lands project conducted by USEPA and how it can be used to assist tribes.

9:00 – 9:45 amMeeting with Mathy Stanislaus, OLEM Assistant Administrator,Brigid Lowery and Kent Benjamin (EPA, OLEM, OCPA)

  • Presentation: Mathy Stanislaus outlined his key priorities for this year. They include: integrating climate change adaptation strategies into all programs; ensuring tribal treaty rights and Traditional Ecological Knowledge are fully incorporated into USEPA activities; being responsive to tribal needs in solid waste management and assisting tribes in creating sustainable solid waste programs; and helping tribes navigate the challenges in varying eligibility requirements for funding from different federal agencies. He thanked the committee members for providing their 2015 Priority Document and asked them for their thoughts on his priorities and other issues.
  • Discussion: The primary areas of conversation included:
  • Cross communication between federal agencies: Mr. Stanislaus stated that while progress has been made on increasing cross communication between agencies, he also hopes to see the development of cross agency decision making. Progress has been made in enhancing cooperation between agencies on funding, and the work being done by the Interagency Task Force (ITF) will help in this area. Committee members involved in ITF work teams stated that some federal agencies have not been providing information on funding and grants to the ITF work team developing the funding matrix. The lack of this information has complicated the process of creating an effective tool for tribes looking for various funding opportunities.
  • Developing performance measures on solid waste: Committee members brought up the issue of creating performance measures for solid waste. Staff at both AIEO and ORCR are working on this issue, and committee members stressed their hope that USEPA will fully engage tribes as this work progresses.
  • The process of funding allocations under 128(a): Committee members discussed the reductions in 128(a) funding many tribes are currently facing. Mr. Stanislaus discussed the role USEPA Regional offices play in allocation as well as how current bills in Congress could affect funding, and its allocation, further. There is also some uncertainty in terms of funding for UST programs and support for tribal UST inspectors.
  • Tribal Treaty Rights: Asked by committee members for more information on USEPA’s activities involving Tribal Treaty Rights, Mr. Stanislaus talked about how this issue has been handled in the Superfund program. Committee members raised the issue of making sure treaty rights are fully considered in other programs, and that TEK and cultural practices (including among those tribes without treaties) should be integrated. The importance of tribes fully documenting these issues and creating tribal use scenarios was also discussed.
  • Action Item: OLEM staff will look into the issue of federal agencies not providing information on funding opportunities to the ITF work team that is developing a funding matrix.
  • Action Item: Mathy Stanislaus will investigate current efforts by USEPA to support the development of tribal UST inspectors, including those positions developed through regional tribal consortia.

9:45 – 10:00 amBreak

10:00 – 11:00 amMeeting with Office of Resource Conservation and Recovery (Kathleen Salyer, Mimi Guernica, Michaelle Wilson) and American Indian and Environment Office (Luke Jones, Janice Sims)

  • Presentation: Kathleen Salyer, Deputy Director of ORCR, provided an overview of the office’s priorities of assisting tribes in developing sustainable solid waste programs, and continuing to assist the work being done on the ITF work teams.
  • Discussion: The primary areas of conversation included:
  • Training and technical assistance: Committee members discussed current training and technical assistance activities, including those offered through ITEP’s Tribal Solid Waste Education and Assistance Program (TSWEAP).
  • Terms and conditions under new grants: The extension of the GAP implementation period was discussed, with Janice Sims from AIEO providing additional information on this issue and the critical need for effective data collection. Committee members raised the issue of addressing the challenges many tribes face who do not have the economic foundations to fully pay for ongoing solid waste activities. The role of ETEPs and funding procedures was discussed, specifically the issue that some Regional offices are requiring tribes to complete ETEPs, while others are not. The work tribes are doing on ETEPs needs to be acknowledged and incorporated into whatever performance measures are eventually developed.
  • ITF activities: The work being done by the ITF work teams was discussed, including a Community Engagement Strategy tool being developed by work team two. Committee members raised their concerns about a lack of data on where tribes are currently in developing sustainable solid waste programs and what barriers exactly they are facing.
  • Action Item: Janice Sims stated that AIEO is interested in having the TWRAP SC involved in discussing the future of GAP related performance measures and more information on how EPA can engage tribal partners is forthcoming.
  • Action Item: Janice Sims will provide a copy of the Community Engagement Strategy tool once completed to the TWRAP SC.

11:00 – 12:00 pmTWRAP SC Priority Document Work: Developing Options for Assisting Tribes in Creating Sustainable Solid Waste Programs

  • Discussion: Committee members discussed potential options for helping tribes develop sustainable solid waste programs. These options, once finalized by the TWRAP SC, will be included as an addendum, addressed to Mathy Stanislaus, in the 2016 Priority Document.

12:00 – 1:15pmLunch break

1:15– 1:30pmElection of New Chair and Vice Chair

  • Chair: Victoria Kotongan was nominated by Victoria Flowers and seconded by Virginia LeClere. Ms. Kotongan was elected the new chair unanimously.
  • Vice-Chair: Arvind Patel was nominated by Virginia LeClere and seconded by Victoria Flowers. Mr. Patel was elected the new vice chair unanimously.

1:30 – 2:15 pmMeeting with Office of Underground Storage Tanks (Carolyn Hoskinson, Lela Hagan, Judy Barrows, Erin Knighton)

  • Presentation: Carolyn Hoskinson, Director of OUST, discussed her office’s current priorities, which are communication and engagement with tribes, preventing spills, and cleanup of spills. She providing the committee members with the OUST 2015 time frame on implementing UST requirements. They have reached out to tribes to get their feedback and will incorporate these suggestions in the 2016 time frame document. Ms. Hoskinson also addressed the issue of corrosion at UST facilities.
  • Discussion: Committee members discussed the corrosion issue, including insurance coverage issues, the effects new blends of fuel were having, and the role played by bacteria in the development of this problem. The importance of owner/operator training, as well as inspector training, was raised. Continuing funding cuts to OUST were also discussed and the effect they are having on tribal UST programs. In order to provide as much assistance as possible given funding constraints, OUST is developing an online owner/operator training that will provide participants with a certificate upon completion. Other training activities were discussed, including courses conducted by the Oneida Tribe of Indians of Wisconsin.
  • Action Item: ITEP will highlight the online trainings being offered by OUST in a future issue of the e-newsletter, Full Circle.

2:15 – 2:30 pmBreak

2:30 – 3:30 pmTWRAP SC Priority Document Work

  • Discussion: Committee members discussed their solid waste priorities for the 2016 Priority Document. As discussed earlier in the day, ORCR has made progress, through their work on the ITF on the 2015 priority of “identifying roles and responsibilities of other federal agencies to maximize and link resources”, so this priority will be removed from the 2016 document.
  • Discussion: Committee members discussed their UST priorities for the 2016 Priority Document. As discussed earlier, OUST has made significant gains in broadening outreach to tribal communities and is developing new training opportunities, so these priorities will be removed from the 2016 document.

3:30 – 3:45 pmBreak

3:45 – 5:00 pmTWRAP Activities: Updates and Discussion

  • Presentation: Todd Barnell gave an overview of TWRAP activities, including upcoming trainings, ongoing work with the Tribal Superfund Working Group, development of new web resources, and the status of TLEF work to date. Mr. Barnell also discussed activities being conducted under TSWEAP which are complimentary to TWRAP work.

Wednesday, February 17

8:30 – 9:00 amSteering Committee Open Forum

  • Discussion: Rob Roy expressed an interest in the TWRAP SC becoming more involved in writing comment letters on various proposed changes and activities conducted by USEPA and perhaps becoming more involved in developing policy papers in addition to the annual Priority Document. Given some of the specific challenges Alex James has faced in Alaska dealing with various federal agencies, he expressed his support for this approach. Arvind Patel mentioned that he has been reaching out to other tribes in New Mexico and Oklahoma since being named to the TWRAP SC and he would also like to discuss this approach further.
  • Action Item: This issue will be placed on the agenda of the next TWRAP SC meeting for further discussion.

9:00 – 10:00 amMeeting with Office of Brownfields and Land Revitalization (David Lloyd, Rachel Lentz)

  • Presentation: David Lloyd, Director of OBLR, provided an overview of the office’s activities during the last year. His office carefully reviewed the committee’s 2015 Priority Document and he was pleased to say that a new TAB Program grant will be issued this year for a tribal-specific TAB.
  • Discussion: The primary areas of conversation included:
  • The new TAB grant: Committee members discussed the details of this new TAB grant, including Mr. Lloyd’s hope that solid waste issues that are connected to brownfield activities would have been part of this tribal-specific TAB. Funding issues made this impossible though. Committee members expressed an interest in seeing peer-to-peer support being included in this new program.
  • The 2015 Priority Document: Mr. Lloyd discussed each of the brownfield priorities in the 2015 Priority Document, going over the priorities OBLR has been able to address, as well as discussing those priorities that have been partially addressed or pose specific challenges at this time.
  • Loss of key USEPA personnel: Committee members raised concerns that budget constraints have led to the early retirement or buy-out of many key brownfield staff in USEPA Regional offices. This loss of institutional knowledge has hurt projects around the country.
  • Jurisdiction issues and requirements under other, related, grant programs: Committee members raised the issue of pursing MOAs under 128(a) programs and the many jurisdictional issues they face in brownfield activities. They expressed a strong interest in the development of a good “roadmap” to help tribes navigate this process.They also discussed the different requirements under CERCLA, Native American Lands Environmental Mitigation Program (NALEMP), and brownfield grants. The different requirements can cause issues when tribes are trying to conduct cleanups on different types of lands. Making changes toeligibility requirements under both 128(a) and 104(k) grants could help address many of these challenges. Mr. Lloyd explained how this has been discussed inside of USEPA and that they would like to hear directly from the TWRAP SC and other entities on this issue.
  • End use of brownfield properties: Committee members raised the issue of the decision making process involving end use of brownfield properties. Mr. Lloyd explained while there are certain preferences – such as the development of renewable energy facilities – USEPA’s preference is to allow the local communities to decide on the end uses that fit their local needs.
  • Action Item: OBLR are working on new guidance documents. Once these are completed they will be provided to the TWRAP SC.
  • Action Item: Rachel Lentz with OBLR has developed a paper analyzing various proposed changes in the brownfield program. This document will be sent to the TWRAP SC.

10:00 – 10:45 amMeeting with Office of Emergency Response (Reggie Cheatham, Nick Nichols)

  • Presentation: Reggie Cheatham, Director of OEM, began his presentation discussing the Gold King Mine spill and the improvements in notification procedures that came out of it. Currently new notification procedures are being developed that will also have positive effects on some of the jurisdictional challenges that have arisen in the past. Mr. Cheatham then discussed the various priorities listed in the 2015 Priority Document and the progress OEM has made on addressing them.
  • Discussion: Training opportunities were discussed, including Incident Command System (ICS) courses. Committee members suggested that a robust table-top training be developed for the 2016 TLEF. OEM staff were very interested in developing this type of training and will work on submitting a proposal to ITEP for the 2016 TLEF. Committee member John Wheaton, who has recently moved into his tribe’s emergency response program, discussed the types of training he has been taking and expressed his support for more tribes getting involved in this media. An online EPCRA training is now available, but at this point only seven tribes have taken this training. OEM hopes to increase the number of tribes taking this training. Alex James brought up some of the unique cross-boundary issues that can occur along the US-Canadian border, especially when First Nations are affected by spills and other emergencies.
  • Action Item: ITEP will work with OEM to highlight the available training opportunities in a future issue of the e-newsletter, Full Circle.

10:45 – 11:45amTWRAP SC Priority Document Work

  • Discussion: Committee members discussed their brownfield priorities for the 2016 Priority Document. As discussed earlier, OBLR is moving forward on the 2015 priority of creating a tribal specific TAB Program grant, so this will be removed from the 2016 document.
  • Discussion: Committee members discussed their emergency response priorities for the 2016 Priority Document. As discussed earlier, OEM has made significant progress in improving dialog and collaboration across agencies and with tribes and creating new training opportunities. These priorities will be removed from the 2016 document.

11:45 – 1:00 pmLunch break

1:00– 2:00pm Outstanding ITEP and TWRAP SC Business

  • Scheduling of 2016 meetings was discussed. The actual dates of 2016 meetings will be discussed via email and ITEP will coordinate the meeting logistics.
  • A new logo for the TWRAP SC is under development and should be ready by March 15, 2016 so it can be included in the new Priority Document.
  • Applications for the TWRAP SC will be disseminated by ITEP in March of this year. Five TWRAP SC positions will be available. Those current members whose terms expire in November of 2016 are:
  • Victoria Flowers, Oneida Tribe of Indians of Wisconsin
  • Alex James, Yakutat Tlingit Tribe
  • Tim Kent, Quapaw Tribe
  • Elliott Talgo, San Carlos Apache Tribe
  • John Wheaton, Nez Perce Tribe
  • Each of these current members may re-apply if they so wish this spring for another two-year term.

2:00 – 2:45 pmMeeting with Office of Superfund and Remediation & Technology Innovation (Jim Woolford, Anne Dailey, Christine Poore) and Federal Facilities Restoration & Reuse Office (Charlotte Bertrand, Mary Cooke)