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Fact Sheet
January 2011
Public Comment Period for RCRA Administrative Order Extended and Public Meeting/Availability Session Scheduled, Omaha Tribal Utilities Program, Omaha Tribal Utilities Commission, and the Omaha Tribe of Nebraska, Macy, Nebraska
INTRODUCTION
The U.S. Environmental Protection Agency (EPA) is extending the public comment period on the RCRA Administrative Order to February 17, 2011. Also, EPA has scheduled a public meeting/availability session for Thursday, February 10, 2011, to allow the public to provide comments formally.
On November 10, 2010, the Omaha Tribal Utilities Program, Omaha Tribal Utilities Commission, and the Omaha Tribe of Nebraska, Macy, Nebraska, signed an Administrative Order on Consent (AOC), setting out specific procedures for ceasing the open dumping and burning of municipal solid waste at the Mother Earth Recycling Facility, as well as removing and disposing of the residual wastes at the Facility. The agreement is being issued under Section 7003 of the Resource Conservation and Recovery Act (RCRA), which states that EPA will provide an opportunity for public comment and a public meeting on settlements under Section 7003(d) of RCRA.
EPA continues to seek comments on a multimedia, multiple-facility AOC that consolidates the compliance activities for the Omaha Tribal Utilities Program, Omaha Tribal Utilities Commission, and the Omaha Tribe of Nebraska regarding the open dump located at the Mother Earth Recycling Facility and two public utilities operated by the Omaha Tribe at Macy, Nebraska, which include the public drinking water system and the wastewater treatment facility.
Plan to Attend Public Meeting/Availability Session
You are invited to attend a public meeting to discuss the Administrative Order on Consent between the EPA and the Omaha Tribal Utilities Program. The meeting has been scheduled for Thursday, February 10, 2011, beginning at 6 p.m. at:
The Marina Inn
“B” Street & E. 4th Street
So. Sioux City, Nebraska
If you have question about the meeting, please contact:
Beckie Himes
Community Involvement Coordinator
Office of Public Affairs
U.S. EPA Region 7
901 No. 5th Street
Kansas City, Kansas 66101
Phone: (913) 551-7253
Toll Free: (800) 223-0425
EPA Region 7 is committed to providing reasonable accommodation to individuals with disabilities. If you require a reasonable accommodation to participate in the meeting, please notify the EPA Reasonable Accommodations Coordinator, Jonathan Cooper, 800-223-0425 or at cooper.jonathan@epa.gov. Speech or hearing impaired individuals should e-mail or call using the local relay service.
EPA invites the public to comment on the AOC. The comment period opened on December 8, 2010, and has been extended to February 17, 2011. EPA specifically requests comments on the RCRA portion of the AOC.
EPA recognized that the public might also comment on the parts of the AOC that pertain to the public drinking water system and the wastewater treatment facility. Because this AOC involves multiple facilities, multiple environmental media, and a tribal utility program, EPA is voluntarily accepting public comment on the Safe Drinking Water Act (SDWA) and the Clean Water Act (CWA) portions of this AOC.
EPA will make the AOC final only after the public comment period ends and all comments are reviewed. EPA may modify the AOC based on any new information and comments from the public on the compliance activities portion.
BACKGROUND INFORMATION
The Mother Earth Recycling Facility contains a metal-sided 70' by 36' building used to store equipment and packaged recyclable items. The Facility is partially fenced, has no gates restricting access, and is staffed with one employee, whose shift is 8:00 a.m. to 4:30 p.m., Monday – Friday. At all other times the grounds at the Facility are uncontrolled and unmonitored.
The RCRA settlement requires the Tribal Utilities Program to clean up the Mother Earth Recycling Facility and properly manage municipal solid wastes. EPA and the Tribal Utilities Program consolidated other federal legal requirements for the Macy Drinking Water System and the Macy Waste Water Treatment Facility into this one AOC for purposes of broader environmental protection and enhanced correction of underlying management problems at the Tribal Utilities Program.
ADMINISTRATIVE RECORD
EPA has established an Administrative Record, supporting the necessary cleanup activities at the Mother Earth Recycling Facility, which includes a copy of the AOC and other relevant documents. The Administrative Record is available for review during normal business hours at the following locations:
Nebraska Indian Community College
Omaha Tribal Public Library
1111 Highway 75
Macy, Nebraska
U.S. EPA Region 7
Records Center
901 North 5th Street
Kansas City, Kansas
ADDITIONAL INFORMATION
Written comments, postmarked no later than February 17, 2011, should be directed to Beckie Himes at the address shown below. EPA will consider all comments submitted during the public comment period and determine whether it is appropriate for EPA to finalize the AOC.
If you have questions or need additional information, please contact:
Beckie Himes
Community Involvement Coordinator
Office of Public Affairs
U.S. EPA Region 7
901 North 5th Street
Kansas City, KS 66101
Phone: (913) 551-7253 or
Toll Free: (800) 223-0425
E-mail: himes.beckie@epa.gov