The FY 00 Tribal Open Dump Cleanup Project solicitation letter was signed yesterday.  Attached is the final version.  The signed letter will be sent to all Federally-recognized tribes (attention to tribal leaders and environmental managers) and major tribal organizations later this week. A copy of the signed letter will also be sent to each regional solid waste Indian coordinator.

Please feel free to distribute this electronic version to your tribal contacts.  In addition to the direct mailings, the solicitation letter will be posted on the Waste Management in Indian Country website at www.epa.gov/tribalmsw/finance.htm#dumps.  Also, a Federal Register notice announcing the FY 00 Cleanup Project will be published this week or next.

Please e-mail Beverly Goldblatt or me if you have any questions.  Thank you.

-Melanie Barger Garvey

Dear Tribal Leader:

The Tribal Solid Waste Interagency Workgroup (Workgroup) is soliciting proposals to participate in our Fiscal Year 2000 Tribal Open Dump Cleanup Project (Cleanup Project). The purpose of the Cleanup Project is to assist tribes with closure or upgrade of high priority waste disposal sites and simultaneously demonstrate the Federal government=s ability to provide comprehensive solid waste funding and technical assistance to tribes.

The Tribal Solid Waste Interagency Workgroup was established in April 1998 to design a Federal plan for helping tribes bring their waste disposal sites into compliance with the municipal solid waste landfill criteria (40 CFR Part 258), i.e., closing or upgrading open dumps and planning for appropriate alternative disposal. The participating agencies are working together to maximize the effect of our assistance to tribes in addressing their solid waste management needs. Current workgroup members include representatives from the Environmental Protection Agency (EPA), the Bureau of Indian Affairs (BIA), the Indian Health Service (IHS), the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, the U.S. Geological Survey, and the Departments of Agriculture and Defense.

Through the Cleanup Project, the Workgroup seeks to fund proposals that support the development and strengthening of tribal or multi-tribal solid waste management programs. Specific goals include assisting tribes with 1) completing and implementing comprehensive, integrated waste management plans; 2) developing realistic solid waste management alternatives; 3) closing or upgrading existing high priority (see Enclosure 1 for definition of Ahigh priority@) open dumps; and 4) developing post-closure programs.

Eligible recipients of funding include Federally-recognized tribes and multi-tribe 501(c)(3) organizations whose membership consists of Federally-recognized tribes. The Workgroup plans to select projects representing small, medium, and large tribes as described in Enclosure 1. Provided that qualifying proposals are received, the Workgroup also plans to select at least one project from Alaska to demonstrate the unique challenges faced by Alaska Native villages in managing their solid waste. Based on the quality and content of the proposals received, assistance from participating Federal agencies may take the form of financial (e.g., grants, loans, etc.) or technical assistance, or use of equipment.

In 1999, the Workgroup funded approximately $1.6 million worth of projects. We are projecting a similar amount of funding for FY 00. In selecting Cleanup Project proposals, the Workgroup plans to use a two-step process which is described in Enclosure 1. The first step is to submit a pre-proposal which generally outlines the proposed project and provides a general budget estimate. This will allow the tribes that are considering submitting proposals to present their ideas to the Workgroup and receive feedback prior to submitting full proposals. It will also allow the Workgroup agencies to assess the potential financial and technical needs of the tribes early in FY 00 which will enable these agencies to better plan for these projects. It is the intention of the agencies that this better planning will result in the ability of the agencies to fund or provide assistance for more projects. The second step of the proposal submission process is to submit a full proposal. Please note that tribes are eligible to submit full proposals even if they do not submit a pre-proposal. An evaluation panel consisting of two representatives from each of BIA, IHS, and EPA and one representative from each of the other Workgroup agencies listed above will review the pre-proposals and full proposals using the criteria described in Enclosure 1. The panel will provide written feedback on all pre-proposals no later than January 10, 2000.

For consideration, pre-proposals must be received no later than November 19, 1999, and full proposals must be received no later than February 25, 2000. If you have any questions regarding this request or the Tribal Solid Waste Interagency Workgroup, please contact your regional EPA or IHS or BIA area office or one of the following Workgroup representatives:

• • EPA - Melanie Barger Garvey, 202-564-2579, Beverly Goldblatt, 703-308-7278, or Clara
    • Mickles, 202-260-7519

IHS - Steve Aoyama, 301-443-1046

BIA - Jerry Gidner, 202-208-5696.

We hope that through this effort we can move closer to our goal of assisting tribes in addressing the solid waste concerns in a comprehensive manner.

Sincerely,

Craig E. Hooks, Director Elizabeth A. Cotsworth, Director

Federal Facilities Enforcement Office and Office of Solid Waste and

Workgroup Co-chair Workgroup Co-chair

Enclosure 1 - Instructions for Submitting Proposals - Tribal Open Dump Cleanup Project

Enclosure 2 - Open Dump Priority Factors

INSTRUCTIONS FOR SUBMITTING PROPOSALS

TRIBAL OPEN DUMP CLEANUP PROJECT

DESCRIPTION AND PURPOSE: The national Tribal Solid Waste Interagency Workgroup (the Workgroup) is soliciting proposals for its second year of the Tribal Open Dump Cleanup Project (Cleanup Project). In FY 99, the Workgroup made more than $1.6 million available to fully or partially fund 11 selected projects which will each ultimately result in the closure or upgrade of one or more open dumps located on tribal lands. We are projecting a similar amount of funding for FY 00. The Cleanup Project is part of a Federal effort to help tribes comprehensively address their solid waste needs. The purpose of the Cleanup Project is to assist with closure or upgrade of tribal high priority waste disposal sites and simultaneously demonstrate the Federal government=s ability to provide comprehensive solid waste funding and technical assistance to tribes.

The Tribal Solid Waste Interagency Workgroup was established in April 1998 to coordinate Federal assistance for tribes to bring their waste disposal sites into compliance with the municipal solid waste landfill criteria (40 CFR Part 258) and plan for appropriate alternative disposal. Current workgroup members include representatives from the Environmental Protection Agency (EPA), the Bureau of Indian Affairs (BIA), the Indian Health Service (IHS), the Federal Aviation Administration, the National Oceanic and Atmospheric Administration, the U.S. Geological Survey, and the Departments of Agriculture and Defense.

ELIGIBILITY - Eligible recipients of funding for the FY 00 Tribal Open Dump Cleanup Project include Federally-recognized tribes and multi-tribe 501(c)(3) organizations whose membership consists of Federally-recognized tribes.

PROPOSAL PROCESS - The Workgroup seeks to fund projects that support the development and strengthening of tribal or multi-tribal solid waste management programs. Specific goals of the Cleanup Project including assisting tribes with 1) completing and implementing comprehensive integrated waste management plans; 2) developing realistic solid waste management alternatives; 3) closing or upgrading existing high priority open dumps;

and 4) developing post-closure programs. Assistance from participating Federal agencies may take the form of financial (e.g., grants, loans, etc.) or technical assistance, or use of equipment. Proposals will be evaluated based on the criteria listed in Parts I and II and may be selected for full or partial funding depending on the scope of the project and the amount of funding available.

This year, the Workgroup is using a two-step proposal submission process. The first step, which is described in Part I, is to submit a pre-proposal which generally outlines the proposed project and provides a general budget estimate. This will allow the tribes that are considering submitting proposals to present their ideas to the Workgroup and receive feedback prior to submitting full proposals. It will also allow the Workgroup agencies to assess the potential financial and technical needs of the tribes early in FY 00 which will enable these agencies to better plan for these projects. It is the intention of the agencies that this better planning will result in the ability of the agencies to fund or provide assistance for more projects. For consideration, pre-proposals must be received no later than November 19, 1999. The Workgroup will provide written feedback no later than January 10, 2000. The second step of the proposal submission process, which is described in Part II, is to submit a full proposal. For consideration, full proposals must be received no later than February 25, 2000. Please note that tribes are eligible to submit full proposals even if they do not submit a pre-proposal.

Applicants should mail an unbound, ready-to-copy original and two copies, or an unbound, ready-to-copy original and one diskette formatted in WordPerfect, of both pre-proposals and full proposals to the following address.

• • Standard Mail Delivery: Tribal Solid Waste Interagency Workgroup, c/o American Indian Environmental Office, Environmental Protection Agency, 401 M Street, SW (MC 4104), Washington, DC 20460, Attn: Clara Mickles, or

    Overnight Delivery: Tribal Solid Waste Interagency Workgroup, c/o American Indian Environmental Office, Environmental Protection Agency, 401 M Street, SW, Room NE Mall 2209F, Washington, DC 20460, Attn: Clara Mickles.

PART I B PRE-PROPOSAL SUBMISSION INSTRUCTIONS

PRE-PROPOSALS DUE BY NOVEMBER 19, 1999

Pre-proposals should be no more than 2 pages in length, excluding supporting documentation (e.g. budget, timeline), and should include the following information.

• Name, address, phone and fax numbers, e-mail if available, and primary contact for tribe.

  Background information describing project need and documentation which identifies Federal entities that contributed to the site(s).

  Summary of the project, including involvement of potential partners.

  Project goals and objectives. (What will you achieve? What will the project impact be? Who will the project benefit? How do you plan to measure your effectiveness?)

  Project timeline (provide an overall schedule)

  Estimated project budget (show separate estimates for planning, construction, oversight, post-closure, and operations and maintenance).

PART II B FULL PROPOSAL SUBMISSION INSTRUCTIONS

PROPOSALS DUE BY FEBRUARY 25, 2000

Proposals should be no more than 10 pages in length, excluding supporting documentation, and should include the following information.

• • 1. Cover letter identifying project, name of tribe/tribal organization, name, address, and phone/fax numbers of project director, signature of tribal chairman (Federally-recognized tribes) or executive director (tribal consortia).

    2. Abstract of less than 200 words summarizing the project.

    3. Narrative and workplan with estimated timeline.

    4. Detailed budget in terms of personnel, fringe benefits, contracts, travel, equipment, supplies and other costs related to each of the categories listed under AProject Description.@ Appropriate detail and justification to support the narrative and workplan.

    5. Letters of commitment from project partners. For tribal consortia, include charter or letters from chairmen of Federally-recognized member tribes.

CRITERIA - Proposals will be evaluated based on the following criteria. Please describe how your tribe fulfills each criterion and include supporting documentation where appropriate.

Project Description

Include separate line-items estimating costs for closure and post-closure maintenance and alternative waste disposal (e.g., transfer station) using the following categories: planning, equipment, construction, oversight, post-closure, and operations and maintenance.

What is the expected project duration? Please provide a schedule with significant milestones.

Plan of Action

• How will the plan of action address the following issues?
• What is the problem?
• What is the actual or potential impact on human health and environment? (For example, proximity to drinking water wells or surface water, affected populations, disease/vector documentation, etc.)
• What is the proposed plan for fully characterizing (identifying, monitoring, testing, etc.) and solving the problem?
• How will you know when the problem is solved?

Size

• Which population category does your tribe fall into? NOTE: This is not a evaluative criterion per se, but will be used for classification purposes.

• Large (greater than 7000)
• Medium (2000-7000)
• Small (less than 2000)

What is the population density (size/land area; people/square mile), including Indian and non-Indian residents?

What is the service density (people/facility)? What is the population within X miles of the site(s)? If possible, please include a map of the site(s) and surrounding area(s) and/or a general description of population near the site(s).

How close is the nearest market for waste or recovered materials? (E.g., What is the distance to the nearest compliant disposal site(s), transfer station, recycling center(s), etc.)

Tribal/Community Involvement and Sustainability

What is your tribe=s plan to keep the dump site(s) closed and prevent new sites from developing? Does the tribe have or is the tribe planning to develop an enforcement program?

How will this project contribute to overall tribal capacity building, i.e., the establishment of necessary tribal administrative infrastructure to institute environmental programs? How will you ensure program continuity?

How do you plan to educate community members on integrated solid waste management, including proper disposal, waste prevention, recycling, composting, etc.?

How do you plan to involve the community in program implementation?

Integrated Solid Waste Management Plan

Does your tribe have a comprehensive integrated solid waste management plan? 9 Yes 9 No

If yes, to what extent is it developed? If your tribal council, or equivalent Federally-recognized governing body, has approved a comprehensive integrated solid waste management plan, please provide documentation, such as a tribal resolution, approving the plan.

Open Dumps and Tribal Prioritization of Sites

Does your tribal government have one or more open dumps within tribally-owned lands?

9 Yes 9 No

Is the dump site(s) included in the Indian Health Service's Report on open dumps on Indian Lands NOTE: The Workgroup acknowledges that some sites included on the IHS list may have closed since the Report was published or additional information is now available. Likewise, we are aware that the report does not include some open dump sites in Indian Country. If your tribe does not have a site on the IHS list but believes that a site should be allowed to compete for Cleanup Project funding, please include documentation that includes a showing that 1) the site represents a serious threat to human health and the environment and 2) the site would receive a score higher than 40 using the approach outlined in Enclosure 2.

Is the site(s) listed in the IHS Sanitation Deficiency System (SDS)? 9 Yes 9 No If yes, what is the SDS number, Tribal priority and IHS priority for the site(s)? (Contact your IHS Area Sanitation Facilities Construction (SFC) Program for this information.)

Are there other conditions related to the site(s) that the Workgroup should consider when reviewing your proposal, i.e., past contamination, impact on subsistence items, etc.?

Is the site(s) content known or is a site assessment needed?

Is a hazardous pollutant or contaminant suspected at the site(s)? Is there a need to better assess the site(s) to determine if there is a hazardous contaminant? Is the suspected contaminant strictly petroleum products?

Are there any redevelopment or beneficial reuse plans for site(s)?

Technical Assistance and Partnerships

Are you able to easily attain technical assistance from appropriate Federal (BIA, IHS, etc.) or non-Federal sources (adjacent community, state, university)? Does your tribe have a working/workable relationship with that source(s)? Please include letters, MOUs, or other relevant documentation.

Do partnerships exist or have they been sought? Please include letters, MOUs, or other relevant documentation that demonstrates relationships with partners.

Federal Role

Do you have documentation which identifies Federal entities that contributed to the site(s)? If so, please provide it. NOTE: This information will assist in determining potential Federal funding sources for specific projects or sites.

Applied Resources

What resources will you contribute to the project, i.e., manpower, materials, money, etc.?

Prior Performance

What types of funding agreements (e.g., cooperative agreements, grants, contracts, other projects) have you had with the Workgroup agencies?

Open Dump Priority Factors

Extracted from APPENDIX A of the IHS Open Dumps Report

All solid waste systems or open dumps for which a Tribe, Native American Group, or Alaskan Native Organization has operation and maintenance responsibility and/or RCRA compliance responsibility should be included. For purposes of compliance with Public Law 103-399, OPEN DUMPS are defined AA point location for disposal of solid waste used in an intentional, repetitive manner by multiple families.@ In addition, the definition of an open dump as provided in CFR 241.101 is used as a supplement: ALand disposal site at which solid wastes are disposed of in a manner that does not protect the environment, is susceptible to open burning, and is exposed to the elements, disease vectors and scavengers.@ All eligible open dump sites shall be included unless specifically excluded under the provisions of Public Law 103-399. Indian owned solid waste systems for which the Tribe has no legal or operational responsibility should not be included even if they serve substantial Indian populations.

Items to consider:

INDIAN SERVICE POPULATION: Best available estimate of the Indian population served by the solid waste disposal system.

NON-INDIAN SERVICE POPULATION: Best available estimate of the non-Indian population served by the solid waste disposal system.

SYSTEM FENCING: State whether the solid waste disposal facility has adequate fencing.

TRUST LAND: State whether the solid waste disposal facility is located on trust land.

DISPOSAL SYSTEM TYPE: Disposal system type; active or inactive

COVER FREQUENCY: Frequency at which solid waste is provided earthen cover based on a selection from the provided lookup table.

SDS PROJECTS: IHS SDS projects associated with the site

IHS PROJECTS: IHS project numbers that have provided funds for the solid waste facility or dump site in the past. If funding is provided by other than IHS, enter a description indicating the source of the funds (e.g. EPA, Tribe, State)

FUNDING AMOUNT: State the dollar amount associated with the project or funding sources listed in above, if any.

GEOGRAPHIC LOCATION: Geographical location to be measured in latitude and longitude to the nearest 10 seconds. (approximately equivalent to the nearest 1/4,1/4 section)

SURFACE AREA: Surface area of site (windblown areas excluded).

SITE CONTENTS: Allowable designations of solid waste site content include the following:

Municipal Solid Waste (A): means any household, commercial/industrial, or institutional solid waste that legally can be discarded in a municipal landfill under the provisions of the Resource Recovery and Conservation Act, (RCRA), "subtitle D and 40 CFR Subchapter I - Solid Wastes".

Municipal solid waste includes:

• Garbage and trash derived from households, multiple residences, hotels, motels and campgrounds.

• Commercial and industrial waste from stores offices, restaurants, warehouses, non-manufacturing activities at industrial facilities, and other similar establishments not meeting the definition of regulated hazardous wastes under subtitle C.

• Institutional wastes include material discarded by schools, hospitals, non-manufacturing activities at prisons, government facilities and other similar facilities.

• Sites receiving limited quantities of hazardous or special waste from households shall not be excluded from this classification. This would generally include small amounts of paints, oil, non-segregated medical wastes, batteries, pesticides, and household chemicals that would be discarded in quantities typical of an individual household.

  Special Waste (B) shall include solid or other wastes not specifically regulated as hazardous under subtitle C but which are considered to require special handling either due to regulation under other statutes or for worker safety. Segregated infectious and medical wastes, wood pallets, demolition wastes, asbestos materials, household appliances containing environmentally sensitive materials, sewage sludge, septic tank pumpings, motor vehicles/parts, segregated tire piles of 50 or more, and segregated piles of ten or more auto batteries should be included under this classification.

Hazardous Waste (C) shall include those materials listed by EPA under Subtitle C as hazardous. Regulated hazardous wastes are specifically listed in statute and regulations and generally have one or more of the following characteristics; ignitable, corrosive, reactive, or toxic. Small amounts of hazardous wastes as would be generated by households are excluded. This classification would generally be used when large quantities of segregated hazardous materials are encountered.

• Combined Wastes A + B in evidence: note as category (D)

  Combined Wastes A + C in evidence: note as category (E)

  Combined Wastes A + B + C in evidence: note as category (F)

  Combined Wastes B + C in evidence: note as category (G)

HEALTH/ENVIRONMENTAL THREAT: Table A may be used as a guideline for classifying the possible threat to health and environment posed by the solid waste site. Hazard points shall be derived from Table A and used in accordance with the point ranges and descriptors listed below thereby resulting in a high, moderate or low (H, M, or L) threat potential designation for the site. This guideline may be adjusted for Area specific conditions but the H, M, or L designations must be maintained. This Table is intended to be used as a tool in evaluating the site but the final determination of hazard potential should be based on professional judgment. Areas using other criteria are asked to attach a description of the adjustments upon submittal of the data.

• • • Low Hazard: Points total 13 or less

Moderate Hazard: Points total 14-29

High Hazard: Points total 30 or more

Table A