Contaminated Sites are sites that are known, or suspected, to pose significant risks to the Tribal community, its traditional practices, and/or subsistence resources through releases of hazardous substances to the air, ground, or water. These sites may also threaten sensitive habitats for plants, fish, and wildlife. It is impossible to describe the “typical” contaminated site because they are all so very different, such as illegal dump sites, manufacturing plants with improperly disposed of waste, large federal facilities with different areas of contamination from various military activities. Transportation spills, industrial processes, natural disasters, or storage accidents account for some hazardous waste releases. The result can be fires, explosions, toxic vapors, and contamination of groundwater used for drinking.
Learn more about the difference between contaminated sites:
Superfund Sites (long-term response - remedial actions)
Superfund sites are hazardous waste sites created when hazardous commercial and industrial wastes that were mismanaged pose unacceptable risks to human health and the environment. These sites commonly include manufacturing facilities, processing plants, landfills, and mining sites. In certain circumstances involving Superfund sites, EPA is required or directed to consult with federally recognized Indian Tribes. Specifically, for superfund sites on land where a Tribe has jurisdiction, CERCLA requires EPA to give Tribes “substantially the same treatment as a state” for, among other things, consultation on remedial actions.
Federal Facilities
There are thousands of current and former federal facilities across the United States. Some of them are contaminated with hazardous wastes and may be located on or near American Indian or Alaska Native lands. EPA’s Federal Facilities Restoration and Reuse Office (FFRRO) and the FFRRO Tribal Program Fact Sheet summarizes contacts, resources, and technical assistance available to Tribes.
Abandoned Mine Lands
Abandoned mine lands (AMLs) are “lands, waters and watersheds where extraction, beneficiation or processing of ores and minerals has occurred.” Mining wastes pose a threat to Tribal communities in several ways that may not be obvious to other agencies, therefore, it is critical for Tribes to be engaged in the cleanup and redevelopment process. EPA’s Abandoned Mine Lands: Site Information has information about abandoned hardrock mines and mineral processing sites. The Office of Surface Mining Reclamation and Enforcement (OSMRE) works with Tribes to ensure that citizens and the environment are protected during coal mining and that the land is restored to beneficial use when mining is finished, including reclaiming and restoring lands and water degraded by mining operations before 1977.
RCRA Corrective Action Sites
Facilities that manage hazardous wastes (TSD facilities) and are regulated under the Resource Conservation and Recovery Act (RCRA) may have releases into the environment, thereby requiring cleanup. RCRA Corrective Action refers to the act of investigating and cleaning up hazardous releases to soil, ground water, surface water, and air at these facilities. EPA is committed to ensuring that Tribes play an active role in RCRA corrective action when Tribal rights and interests are at stake. Although EPA cannot authorize a Tribe to be a lead regulator, the Agency can enter into cooperative agreements with the Tribe, ensure the Tribe has full access for meaningful participation in corrective action activities, and give the Tribe’s concerns special consideration throughout the regulatory process.
Superfund Sites (emergency oil spills or chemical releases - removal actions)
Superfund sites are “discovered” when the presence of hazardous waste is made known to the EPA. The presence of contaminants is often reported by residents, local, state, Tribal or federal agencies, or businesses. Emergency actions are taken to eliminate immediate risks and ensure public safety. Examples of such emergencies are chemical releases at fixed locations or during transportation. EPA may respond to help state and local authorities deal with these emergencies quickly. To report oil spills or chemical releases, call the National Response Center (NRC) at 1-800-424-8802.
Brownfields Sites
Brownfields sites are defined as “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.” In other words, brownfields are commercial or industrial sites that are idle (abandoned or underused) because of real or perceived contamination that Tribes may want to investigate, cleanup, and reuse as a valuable resource that can bring benefits to the community. Brownfields funding is an important entry point for any Tribe to begin addressing all types of contaminated sites including open dumps, methamphetamine labs, leaking underground storage tanks and developing response programs.
Leaking Underground Storage Tanks
An underground storage tank (UST) system is a tank or combination of tanks and connected underground piping having at least 10 percent of their combined volume underground. Federal UST regulations apply to UST systems storing either petroleum or certain hazardous substances. EPA works with its state, territorial, Tribal, and industry partners to clean up releases from USTs to restore and protect groundwater resources and create a safe environment for those who live or work around these sites.
Land Cleanup Funding Authorities Available to Tribal Governments
There are several statutory authorities available to Tribal governments to fund cleanup and prevention activities related to Superfund, brownfields, underground storage tanks, and solid and hazardous waste program areas.
Determining How to Clean Up Contaminated Sites
There are multiple regulatory programs that apply to different types of contaminated sites. For example, if a site is determined to be a Superfund site, cleanup is subject to the requirements of that program. Although there is overlap between program requirements, Tribes should rely on information sources focused on the type of site they are addressing. Select a link below to identify Tribal governments’ distinct roles in cleanup of different types of contaminated sites and to learn about the programs and resources that are available under CERCLA and other federal laws to assist your Tribe with planning, site investigation, and cleanup. Additionally, you can learn more at EPA’s Cleaning Up, Protecting and Preserving Tribal Lands website and EPA’s Basic Information about Cleanups website.
Contaminated Site Cleanup with Tribal-Specific Reuse Goals
The biggest challenge Tribes may encounter is to ensure sites are cleaned up with Tribal-specific reuse goals and appropriate laws and regulations. Therefore, each of the contaminated site descriptions above have a “LEARN MORE” link to a webpage that includes a section for understanding applicable laws, regulations, policies, and guidelines and provides resources for funding. The information provided in these websites is intended to strengthen Tribal capacity and sovereignty by providing resources that will assist Tribes in identifying when and where they want to engage in the decision-making process of cleaning up contaminated sites.
Comparing Program-Specific Language for Steps in the Clean-Up Process
EPA supports the use of best management practices (BMP) as a mechanism for maximizing technical effectiveness and resource efficiency in the execution of site assessment and cleanup projects. The Environmental Cleanup BMP: Effective Use of the Project Life Cycle Conceptual Site Model (CSM) fact sheet summarizes how environmental practitioners can use CSMs to achieve, communicate, and maintain stakeholder consensus on site understanding, while satisfying technical and quality objectives required for each stage of a cleanup project’s life cycle.The content is presented in a Superfund Program context; however, to the extent practical, text has been written to maximize applicability in other programs and regulatory frameworks. For example, the CSM and General Cleanup Steps table can be found in Appendix A of EPA’s Brownfields Road Map to Understanding Options for Site Investigation and Cleanup Sixth Edition and outlines a general cleanup process and the names of the steps in the process specific to the cleanup of Brownfields sites.
See EPA’s Environmental Cleanup BMP: Effective Use of the Project Life Cycle Conceptual Site Model (CSM) website and CLU-IN’s Key Optimization Components: Conceptual Site Model webpage for additional resources and more information.
Additionally, Tribes may be interested in reading how EPA’s memorandum on coordination between CERCLA and RCRA cleanup programs to consider approaches to coordination between programs, including Tribal cleanup programs. See EPA’s Coordinating RCRA Corrective Action Activity and Closure and Superfund Site Activities Guidance.
EPA’s Cleanups in My Community website enables you to search for sites to determine how EPA’s Superfund, RCRA, Leaking Underground Storage Tanks, Brownfields, and Emergency Response programs are cleaning up land in communities across the US.