Four Elements of a Tribal Response Program 

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Element 1: Timely survey and inventory of brownfield sites.

Element 2: A response action will protect human health and the environment and will be conducted in accordance with applicable federal and tribal law and the tribe will complete the necessary response activities if the person conducting the response fails to complete them.

Element 3: Mechanisms and resources to provide meaningful opportunities for public participation including:

  (i): public access to documents that the TRP relies on in making clean-up decisions or conducting site activities

  (ii): prior notice and opportunity for comment on proposed clean-up plans and site activities

  (iii): a mechanism by which -

     I. a person that is or may be affected by a release or threatened release of a hazardous      substance, pollutant, or contaminant at a brownfield site in the community may request the conduct of a site assessment

     II. an appropriate official shall consider and appropriately respond to a request under sub-clause I

Element 4: Mechanisms for approval of a clean-up plan, and a requirement for verification by and certification or similar documentation to the person conducting a response action indicating that the response is complete.

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The Brownfield Redevelopment Process

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Site Nomination and Eligibility Information

A site is brought to the attention of the TRP and an initial review will occur to determine if the site qualifies as a brownfield using the EPA definition. 

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Environmental Site Assessment 

After a site is added to the TRP inventory, a Phase I Environmental Site Assessment (ESA) is conducted to determine if there is any actual contamination at the site. Further assessments or remediation may not be required if the findings of the Phase I ESA demonstrates that contaminates are unlikely to be present or that the contamination is under actionable limits. Site redevelopment, reuse, or expansion may occur directly thereafter.

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If the presence of contamination is found to be likely, found above actionable limits, or was not able to be fully assessed, a Phase II ESA is conducted to further sample and analyze potentially contaminated media (e.g., soil, water, air). Remediation may not be required if the findings of the Phase II ESA demonstrate that contamination does not exceed actionable limits and site redevelopment, reuse, or expansion may therefore occur directly thereafter.

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Remedial Action/Clean-up Planning

Media (soil, water, air, etc.) is remediated (e.g., cleaned up) when contamination exceeds regulatory cleanup standards.

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Clean-up and Redevelopment

A site may be redeveloped, reused, or expanded once it has been confirmed that remediation was adequate.