Roan - NEIWPCC

Navajo Nation EPA
Underground Storage Tank
Program
UST Compliance
Achievements on the
Navajo Nation
By Warren Roan

Bo
Boquillus
Questionable abandoned tanks sites
Navajo UST Tank Removal 2004
Navajo Nation Impacted Soil &
Groundwater
Abandoned Tank sites
Ramah
Alamo
Canoncito

Personnel
• Stephen B. Etsitty, Executive Director
• Diane Malone, Manager
• Henry Haven, Jr., Geologist
• Warren Roan, UST Inspector
• Jon Ercole, Engineer
• Tanya Yazzie, Inspector
• Nathaniel Yazzie, Technician
• Marie Claude, Office Assistant

Program History
• Navajo UST Program was established in
early 1990s
• Conducted inventory of UST Facilities
• Identified numerous UST releases
• In mid 1990s federal UST compliance
inspections began
• Navajo Nation UST Act of 1998 was
established

NNUST ACT 1998
• NN UST ACT signed into law by President
Milton Bluehouse on October 29, 1998
• The basic NNEPA compliance requirements
coincide with the US EPA December 22, 1998
Compliance mandate requirements

NNUST ACT Requirements
• Be in compliance with:
– Spill and Overfill Protection
– Corrosion Protection
– Leak Detection
– Proof of Financial Responsibility

Joint Inspections
• Late 1990s to 2008, NNEPA
and USEPA conducted Joint
inspections
• In early stages of the joint
inspections, enforcement was
not aggressive
• Navajo persuaded USEPA to
issue Federal Field Citations
to non-compliant facilities
• OECA Waiver

Joint Inspections (Cont.)
• Navajo requested for the lead role in conducting UST
joint inspections
• Navajo had the capability and knowledge of conducting
UST inspections
• Agreement was established between NNEPA and
USEPA
• Navajo Inspector inspects under NNUST Act and
USEPA inspector inspects under Federal law

Agreement In Place
• 2004, Navajo gain the lead to conduct
UST inspections jointly with USEPA
• The two agencies issued Joint Field
Citations to non-compliant facilities

S.O.P.

USEPA
NNEPA
Owner/Op
List of
Federal
Violations
Identified
NNEPA
Violation
Return to
Compliance

Owner/Op
NNEPA Lead
USEPA

Federal Credentials
• NNEPA requested federal credentials from
Region 9 EPA on the condition the tribal
inspector issues a federal field citation
• In 2009, USEPA agreed to issue federal
credentials under an agreement and
inspection protocol
• EPA also agreed to allow tribal inspector
to issue federal field citations under a 2
year pilot project (2009 to 2010)

Picture of EPA NOI

Picture of Fed F.C.

Total Inspections
600
565
500
400
300
200
100
200
50 61
Violations
Inspections
0
2004-2008 2009-2010

Number of Violations
Yearly Violations
160
140
120
100
80
76
118 122
155
94
60
40
20
0
40
17
2004 2005 2006 2007 2008 2009 2010
Violations
Years

Three areas of focus
300
250
256
200
178
150
119
2004-2008
100
2009-2010
50
0
32
Release
Detection
15
Release
Prevention
5
Admininstrative

Release Detection Violations
160
140
143
120
100
80
60
40
20
22
69
4
44
4
2004-2008
2009-2010
0
Line Tests/
Leak detector
Record Keeping
Third party

Release Detection 2004-2008
17%
27%
56%
Line Tests Leak detector
Record Keeping
Third party

Release Detection 2009-2010
13%
13%
Line Tests Leak detector
Record Keeping
Third party
74%

Release Prevention Violations
120
112
100
80
60
40
20
66
7 8
Cathodic Protection
Spill Prevention
0
2004-2008 2009-2010

Administrative Violations
70
60
50
40
30
20
2004-2008
2009-2010
10
0
Financial
Responsibility
Temporary Closure
Record Keeping

Conclusions
• Agreements with USEPA have aided
Navajo in achieving compliance rates on
tribal trust land (Indian Country)
• Trust between the two agencies
• Navajo having the ability to issue field
citations with credential
• Consistency in inspection process
• Navajo can increase the compliance rate
through more frequent education

Questions