Resource Conservation Recovery Act (RCRA):

LUST Program History

· LUST Prevention Grant awarded in 2002

· LUST Assessment and Cleanup Grant beginning 2008

· 21 regulated USTs on Nez Perce Reservation – 2^nd largest Indian Land UST population in Region 10

· LUSTs are the largest source of drinking water contamination

Project Accomplishments

· Established a local regulatory presence

· Provided immediate compliance assistance to regulated community

· Trained 5 American Indian UST Inspectors

· Decommissioned 17 UST facilities

· Currently evaluating 3 LUST sites

· Actively participating in UST Circuit Rider Program

Regulatory Authority

USTs are regulated under Subtitle I of the Resource Conservation and Recovery Act (RCRA) (Amended by the Energy Policy Act of 2005) Unlike environmental statutes such as the CWA or the CAA, RCRA contains no provision for the delegation of regulatory authority to tribes. However, EPA provides grant funding for the management and execution of RCRA programs. Federal UST regulations implementing Subtitle I are contained  in 40 CFR Part 280.

Further information can be found at http://www.epa.gov/oust/tribes/index.htm

UST Inspections and Tasks

R10 UST Indian Lands Inspectors conduct::

· UST facility inspections & compliance assistance visits at least every 3 years

· Provide technical assistance to owners/operators

· Oversee LUST site assessments and cleanups

· Evaluate abandoned tank sites

· Conduct outreach regarding the health risks of LUSTs and provide pollution prevention opportunities

· Proper release prevention/detection protocol

Jerrod Rickman American Indian UST Inspector

Performing UST Inspection at Camus Express. Jerrod  is seeking EPA UST Inspector Credentials

 RCRA Inspections

Leroy Howell - $32,800 fine for used oil violations

Craigmont Air – possible TBA pesticide contamination

Link to the

Interactive maps

Link to EPA Regulations

Link to the

Status Report of Implementing & Enforcing the UST Program in Indian Country