Property Manager Agreement Between Manager and Owner Ca

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					UST Inspection Coalition Pilot Project

     Presented by:
     Will Bergquist
     Environmental Specialist II
     Washoe Environmental Protection Department
How it all began....
On January 22, 2001 the Washoe Tribe purchased the Mica Dr Chevron
Station just South of Carson City, NV.
• The land was placed in “fee status”. The Tribe continued to pay into the
State LUST Trust Fund, and NV Division of Environmental Protection (NDEP)
conducted the compliance inspections.
On March 3, 2003 the property was placed in Trust.
• As a result of the change in land status there was a little confusion over the
next steps...
    • The Tribe initially wanted to keep the status quo.
    • Mainly due to LUST Trust Fund – Financial Responsibility
         • NDEP Inspections
    • Since NDEP no longer had jurisdiction an MOU would have to be
    developed, and signed by the Tribe, NDEP and EPA.
However, by July 22, 2004 no MOU had been signed, and NDEP referred
compliance oversight of the facility to U.S. EPA – Region 9.

 • Around the same time, the WEPD saw the
 need for compliance assistance at the Mica
 Dr. facility, and began to get more involved
 in the UST/LUST program.
 • WEPD knew there had been some couple
 of violations when NDEP was conducting the
     • Washoe Tribe – Gas, Business
     • WEPD – Liability, Soil and
 • We wanted to play and active role in
 solving the facilities issues and protecting
 soil and groundwater resources.
In 2005, WEPD staff attended the American Indian Underground
Storage Tank Inspector Certification (AIUST) Program developed by
the Inter-Tribal Council of Arizona, Inc.
Required Courses and On-the-Job Training
      • Module I – UST Removal and Decommissioning, 24-h
      • Module II – UST Installation Training, 24-h
      • Module III – UST Operations and Maintenance, 40-h
      • 40h HAZWOPER
      • EPA Basic Inspector Training Course, CST 109
             • Available online through National Enforcement Training
             Institute (NETI)
      • 5 UST Inspections w/ AIUST Certified Tribal Inspector or
      Certified EPA Inspector

ITCA program now called UST CATS – Compliance Assistance and Training Support Program

   ...with the Tribal Inspector                                         Tribal UST Inspector
   Certification, WEPD staff began
   assisting the Mica Dr. Facility with
   federal regulation compliance.
 It didn’t take long for other Tribes in Nevada to begin to take notice...
 • Through the RTOC, On-the-Job Training Inspections, and the general
 exchange of information other Tribes became aware of the WEPD’s UST
 • WEPD became the go-to Tribal Environmental Department for UST
 compliance – several Tribes requested compliance assistance for their UST

  Unfortunately, the WEPD had limited....
      • Funding
      • Staff
      • Time

Fortunately, by 2008 the WEPD saw there was a possible opportunity for the
WEPD to fulfill the need for increased UST compliance assistance.
... the WEPD started working on the development of a Tribal UST Inspection
Coalition project, where the WEPD would conduct inspections on behalf of
the EPA, and increase the level of compliance assistance through education,
outreach and information sharing.
• We knew the program wouldn’t go anywhere without the support of all the
Tribes in the State.
• In April, 2009 the WEPD approached the Inter-Tribal Council of Nevada to
present the UST Coalition Project and garnish support.
Benefit of UST Inspection Coalition Project to Tribes in Nevada: To ensure
that Tribal USTs are properly equipped, monitored, and maintained to avoid
costly contamination to the environment.
• Have WEPD obtain Federal UST Inspector Credentials.
     • Increase rate of Inspections on Tribal Land – bi-annually > annually
     • Allow for more time at each facility – closer proximity
     • Increase Tribal self-reliance and capacity -Tribes assisting Tribes
• Education and Outreach – Improved Information Sharing
     • Owner/Operator Compliance Trainings
     • Owner/Operator Binders – One Stop Shop
     • Strengthened relationship between WEPD/Tribal UST facilities and the
     EPA – increase communication.
 At the conclusion of the presentation, the ITCN voted in support of the program.
 • Recommended that the Washoe Tribe enter into individual
 Inter-Governmental Agreements with each Tribe.
     • Respected sovereignty by providing legal authority for the inspections.
     • Provided the EPA with tangible evidence of Tribal support for the
     proposed project.

In the 2 months between presentation to the ITCN and proposal to EPA Region 9,
we had received 4 completed Inter-Governmental Agreements.
Benefits of project from the EPA perspective.
• Fell directly in line with the Goals and Objectives set forth in the UST
program’s Strategy for An EPA/Tribal Partnership.
    • A strategy that was developed in a joint effort between Tribal Nations and
    the US EPA as a result of the Energy Policy Act of 2005.
• Increased the rate of inspections on Tribal land – bi-annually > annually
• Reduced the burden placed on EPA’s limited travel budget
    • reducing Carbon Footprint
• Increased Education, Outreach, and information sharing.
Logistically, it just makes sense
for a local Tribal Environmental
Department to start inspecting
these facilities on behalf of EPA.

• Added Fort Independence
Indian Reservation to coalition.
    • Independence, CA

 In September 2009 the EPA
 approved the Cooperative
 Agreement with the Washoe
 Tribe, and work began on
 the UST Inspection Coalition
 Pilot Project.
How did the WEPD receive Federal Inspector Credentials?
• Tribe submitted a letter indicating interest in conducting inspections on EPA’s
• Region 9 made a determination that issuing credentials was appropriate.
    • 1 Tribal UST facility = not appropriate
    • 13 Tribal UST facilities + large geographic distribution = appropriate
• Written Authorization Agreement between EPA and the Washoe Tribe.
    • Lawyers = Time
• WEPD staff had meet minimum level of Training.
First 9 months of program focused primarily on training
Developed spreadsheet of required trainings and review
of guidance and regulations to assist in keeping track of
completed and future training activities.
      • Acted as a deliverable in quarterly reports, so the
      EPA could track our progress as well.
• EPA’s Basic Inspector Training
• 24h Health and Safety Training
• UST Basic Inspector Course
• UST Live-Classroom Training offered by States and Regions
• UST Live-Classroom Training on inspections on Tribal lands
• Review of Statutes and Regulations
• Review of Guidance and Reference materials
• 5 Inspections or 40h On-the-Job Training
• Refresher Training
• Modular UST Training provided by training center
• UST Policy Compendium
• Other UST publications
Conducting the Inspections
• Follow the same Inspection Protocol as EPA
• If violations are found during an inspection,
the issuance of a citation is determined at the
regional level.
    • only difference – Tribal Employee
Inspection Logistics:
Maximize Efficiency
Divided State into 4 quadrants
• 1 week for inspections in each quadrant
                                            1   2
• Inspection weeks separate by 2 months
       • Allows enough time between
       inspection weeks for follow-up
       reports, additional compliance
       assistance and closeout report.
Quadrant 1:
• Pyramid Lake Paiute Tribe
       • I-80 Smoke Shop
       • Nixon Store
• Fallon Paiute Shoshone Tribe
       • Fox Peak Fallon
       • Fox Peak Fernley
Quadrant 2:
• Duck Valley Indian Reservation
• Elko Band Council                         4   3
• Ely Shoshone Tribe
Quadrant 3:
• Moapa Band of Paiutes
• Las Vegas Paiute Tribe
Quadrant 4:
• Washoe Tribe of NV and CA
• Yerington Paiute Tribe
• Walker River Paiute Tribe
• Fort Independence Indian Reservation
Streamlining the inspection process
• Converted EPA UST Inspection forms into electronic formats
    • US EPA Region 9 – UST Inspection Checklist
    • US EPA Region 9 – Notice of Inspection Form
        • Reduce paperwork and produces cleaner document
    • Purchased netbook and portable printer/scanner
        • leftover funding – tablet pc (some State agencies)
On-Demand Compliance Assistance
• On-site compliance assistance outside the realm of Inspections.
    • New manager or environmental staff.
    • April - assisted new manager in understanding UST at Pyramid Lake
• Available via email and phone
    • WEPD UST “Hotline”
    • Same as EPA, but less intimidating.
Owner/Operator Compliance Trainings
• Teamed up with Roland Chester of ITCA UST CATS program.
    • No need to duplicate efforts – ITCA had developed O/O Training.
    • May, 2010 – Washoe Tribe, Stewart Community

                  Upcoming Training: November 18th, 2010
                    Hosted by: Elko Band Environmental
Owner/Operator Compliance Binders
• Contains all necessary EPA Guidance and Federal Regulations pertaining to
UST Operations and Maintenance.
    • One for each UST Manager, Tribal Chairman and Environmental
    • “Personalized” for each facility – IGA, Past Inspection Reports
• Acts as depository for all UST Records
    • help solve poor record keeping
Bottom Line…

Potential to increase the level of Tribal UST Facility - Significant
Operational Compliance (SOC)
• leading indicator of facilities compliance to federal regulations

 FY05 SOC National Average: 66%
 FY05 SOC Tribal Average: 37%

 Main Goal: Increase coalition Tribes SOC rate to that of the National
 average or higher.

Will Bergquist
Environmental Specialist II
Washoe Environmental Protection Department
Phone: 775-265-8695

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