Close This Window
REGULATIONS, CODES, AND ORDINANCES
What types of regulations, codes or ordinances can the tribe develop to protect
their air resources?
One way for tribes to manage their air resources and prevent air pollution is through regulating polluting
industries and activities on tribal lands. This can include developing:
Smoke Management Plans
Open Burning Regulations
Emission Release Requirements
Pollution Prevention Procedural Requirements
When developing regulations to control air pollution on tribal lands, tribes should keep
in mind the importance of enforcing the proposed regulations. Capability to enforce compliance with regulations
must be incorporated into federally approved tribal air programs that use regulatory controls for pollution. In addition
to implementing pollution control regulations, tribes can:
Pursue redesignation of their airshed (to Class I)
Enter into Tribal Environmental Agreements (TEAs) with the EPA
Collaborate with regional, state and local
air pollution control agencies to address issues of pollution transport
GENERAL EXTERNAL LINKS: |
ABA
Article "Environmental Regulations on Indian Lands" |
Contains full text of the article by L.H. Slade and W.E. Stern.
Topics include: tribal jurisdiction, federal delegation, water quality,
air quality, drinking water, and related issues. |
Tribal
Environmental Law |
Contains links and information on resources about tribal environmental
laws and regulations, as well as links around the rest of the site,
which focuses on tribal codes and constitutions. Topics include:
tribal environmental websites, federal-tribal websites, FAQs, tribal
environmental codes (from EnviroText website), and more. |
Native Americans
and the Environment |
Contains links to navigate through documents and other resources
in their clearinghouse, as well as tribal case studies, relevant
Internet links, and a searchable database of resources. Topics include:
Agriculture and ranching, culture and history, energy, environmental
education, environmental justice, forestry, fishing, treaty rights,
toxic and nuclear waste, and other issues and resources. |
ELIGIBILITY DETERMINATION (TAS) |
USEPA
AIEO TAS Information |
Contains a summary of the regulations and issues surrounding TAS
determination, and changes to the existing process, plus links to the rest of the EPA site. Topics include: TAS
with respect to the CAA, CWA, and SDWA. |
TIP |
USEPA
TribalAir TIP Explanation |
Contains summary information on tribal authority to develop TIPs,
plus links to comments on the Explanation, and links to the rest
of the TribalAir and EPA pages. Topics include: TIPs, TAR, SIPs,
modular approach, severable elements of a TIP, plus example TIPs
for different cases. |
USEPA
TIP Information |
Contains information on, and a link to downloading the Draft Tribal
Implementation Plan guidance. Topics include: TIP. |
COMPLIANCE AND ENFORCEMENT |
USEPA
National Compliance Assistance Clearinghouse (NCAC) |
Contains links to predefined and user-defined searches, EPA related
sites, discussion forums, news, and other sites. Search tabs branch
out into many topics related to compliance. For example: click on
the Environmental Focus tab to find information about air quality,
or the Industry and Government tab to locate fact sheets and other
documents regarding industry-related compliance issues. Topics include:
environmental compliance and enforcement. |
REDESIGNATION |
Yavapai-Apache
Class I Redesignation |
Contains overview information and links to explanatory documents
and the full text of the notice of approval, plus links to the rest
of the EPA site. Topics include: NAAQS, PSD, Class I redesignation,
map of Class I areas in Arizona, map of Tribal lands in Arizona,
Federal Register notice approving redesignation, Federal Register
notice of dispute resolution. |
NCSE
Report on Promulgating NAAQS |
Contains a report on promulgating NAAQS (re)designations. Topics
include: NAAQS (re)designation, administrative rule-making, judicial
review, NAAQS regulatory timeline, and other related topics. |
TEAs |
Draft
Tribal Environmental Agreement |
Contains sample documents for guidance to tribes developing TEAs
with the EPA. Topics include: TEA. |
USEPA
TEA Template |
Contains text of memorandum from the AIEO Director, plus a draft
Tribal Environmental Agreement Template. Topics include: Tribal
Environmental Agreements (TEAs), action plans, planning and budget
cycles, and more. |
How does the tribe have authority to enforce regulations?
The Tribal Authority Rule (TAR) outlines
specifics about tribal authority to implement and enforce regulations
for controlling air pollution within reservation boundaries.
Although a federal tribal air program is not necessary for the development, implementation,
and enforcement of regulatory controls on air pollution, without one,
the regulations cannot be enforced in federal courts, and cannot apply
over non-tribally owned lands (the regulations would only apply to the
same jurisdictions as other tribal laws and regulations).
Tribes should have the capacity (human and financial resources) and capability
(legal resources) to enforce the regulations and carry out the consequences of noncompliance.
GENERAL EXTERNAL LINKS: |
ABA
Article "Environmental Regulations on Indian Lands" |
Contains full text of the article by L.H. Slade and W.E. Stern.
Topics include: tribal jurisdiction, federal delegation, water quality,
air quality, drinking water, and related issues. |
Tribal
Environmental Law |
Contains links and information on resources about tribal environmental
laws and regulations, as well as links around the rest of the site,
which focuses on tribal codes and constitutions. Topics include:
tribal environmental websites, federal-tribal websites, FAQs, tribal
environmental codes (from EnviroText website), and more. |
TAR |
USEPA
TribalAir TAR Information |
Contains general information, and links to the TAR, a TAR fact
sheet, and the TAR proposal, as well as links to other EPA sites.
Topics include: the TAR, permitting in Indian Country, CAA amendments, etc. |
ELIGIBILITY DETERMINATION (TAS) |
USEPA
AIEO TAS Information |
Contains a summary of the regulations and issues surrounding TAS
determination, and changes to the existing process, plus links to
the rest of the EPA site. Topics include: TAS with respect to the
CAA, CWA, and SDWA. |
TIPs |
USEPA
TribalAir TIP Explanation |
Contains summary information on tribal authority to develop TIPs,
plus links to comments on the Explanation, and links to the rest
of the TribalAir and EPA pages. Topics include: TIPs, TAR, SIPs,
modular approach, severable elements of a TIP, plus example TIPs
for different cases. |
USEPA
TIP Information |
Contains information on, and a link to downloading the Draft Tribal
Implementation Plan guidance. Topics include: TIP. |
COMPLIANCE AND ENFORCEMENT
|
USEPA
National Compliance Assistance Clearinghouse (NCAC)
|
Contains links to predefined and user-defined searches, EPA related
sites, discussion forums, news, and other sites. Search tabs branch
out into many topics related to compliance. For example: click on
the Environmental Focus tab to find information about air quality,
or the Industry and Government tab to locate fact sheets and other
documents regarding industry-related compliance issues. Topics include:
environmental compliance and enforcement.
|
SOURCE PERMITTING
What is a stationary source permit?
Major stationary sources of pollution are permitted by state, local and tribal authorities. These
permits fall under one of two categories: operating permits
and construction permits. Operating permits
for major polluting sources are also called Title V permits, whereas permits
for construction or reconstruction fall under the New Source Review (NSR)
and Prevention of Significant Deterioration (PSD) programs.
GENERAL PERMITTING INFORMATION: |
USEPA
Operating Permits Program
|
Contains
an overview of operating permits, and links to Title V, the CAA,
40 CFR part 70, FAQs, and the rest of the EPA site. Topics include:
Title V, operating permits, CAA, permitting in Indian country, enforcement,
and more.
|
USEPA
Frequently Asked Questions About Air Permits |
Contains list of FAQs and links to the answers, plus links to the
rest of the EPA site. Topics include: construction and operating permits. |
TITLE IV |
USEPA
Title IV (Acid Deposition) Information |
Contains links to relevant Federal Register documents, other reports
and memos, and a fact sheet, plus links to the rest of the EPA site.
Topics include: acid deposition, permitting sources of pollution
that contribute to acid rain, and more. |
TITLE V |
NYPIRG Title V
Information |
Contains links to news, publications and resources, contact information,
petitions and comment letters, and related Title V websites. Topics
include: Title V, CAA, and more. |
USEPA
Title V Policy and Guidance Database |
Contains information on, and links to, downloading the Database,
or to using it online, plus links to the rest of the EPA site. Topics
include: Title V. There are some documents relating to Title V in
Indian Country. |
USEPA
Part 71 Final Rule - 122K pdf |
Contains full text of the rule. Topics include: Title V, permits,
and more. |
USEPA
Forms for Part 71 Permits |
Contains general information on form use, and links to download
individual forms, plus links to the rest of the EPA site. Topics
include: Title V, permits, compliance, emissions, and more.
|
NEW SOURCE REVIEW
AND PREVENTION OF SIGNIFICANT DETERIORATION
|
USEPA New
Source Review Information |
Contains links to information on EPA's NSR program, program updates,
the NSR & PSD Database, contacts, and links to the rest of the
EPA site. Topics include: NSR, permitting, and more.
|
NSR
& PSD Policy and Guidance Database |
Contains information on the database, and links and instructions
for using or downloading it, plus links to the rest of the Region
7 site. Topics include: New Source Review (NSR) and Prevention of
Significant Deterioration (PSD). |
How does the tribe know if source permitting should be conducted on the
reservation?
Tribes should assess the air quality on tribal lands on a case-by-case basis, as each reservation will have
different kinds of sources. It is also important to remember that the EPA takes over the regulation of
major sources in Indian Country if the tribe does not enforce the minimum standards set forth in federal regulations.
GENERAL EXTERNAL LINKS: |
USEPA
Operating Permits Program |
Contains an overview of operating permits, and links to Title V,
the CAA, 40 CFR part 70, FAQs, and the rest of the EPA site. Topics
include: Title V, operating permits, CAA, permitting in Indian country,
enforcement, and more. |
USEPA
Frequently Asked Questions About Air Permits |
Contains list of FAQs and links to the answers, plus links to the
rest of the EPA site. Topics include: construction and operating permits. |
USEPA New
Source Review Information |
Contains links to information on EPA's NSR program, program updates,
the NSR & PSD Database, contacts, and links to the rest of the
EPA site. Topics include: NSR, permitting, and more. |
How can tribes implement and enforce major and minor source permits?
Tribal authority to regulate air pollution on tribal lands is an inherent right of tribal sovereignty.
Tribes do not need a federally enforceable air program in order to regulate or permit sources of pollution, but having
a federally enforceable program extends tribal regulatory jurisdiction to all lands within the exterior boundaries of a
reservation, and any other tribally owned lands.
In order to grant operating and construction permits to sources in Indian Country,
but outside tribally owned lands, tribes must receive eligibility determination from the
EPA under the CAA, and must have an approved Tribal Implementation Plan
GENERAL EXTERNAL LINKS: |
USEPA
Operating Permits Program |
Contains an overview of operating permits, and links to Title V,
the CAA, 40 CFR part 70, FAQs, and the rest of the EPA site. Topics
include: Title V, operating permits, CAA, permitting in Indian country,
enforcement, and more. |
USEPA New
Source Review Information |
Contains links to information on EPA's NSR program, program updates,
the NSR & PSD Database, contacts, and links to the rest of the
EPA site. Topics include: NSR, permitting, and more. |
ELIGIBILITY DETERMINATION or TREATMENT AS A STATE (TAS)
What is eligibility or Treatment as a State (TAS) determination?
Eligibility determination, also called
"Treatment as a State" (TAS) was developed by the EPA for purposes of
affording tribes the authorization to manage an air (or water) quality
program in a manner similar to the way a state manages its program. Under the CAA, formal recognition of eligibility
(or TAS), can be achieved by tribes that meet the following requirements:
Tribe is federally recognized
Tribe has a governing body that has substantial governing powers and duties
Tribe intends to manage and protect air quality within the exterior boundaries of the reservation
Tribe has the capability to implement CAA programs within the
exterior boundaries of the reservation (this is determined case-by-case
by the EPA Regional Administrator, and involves a tribe’s capacity to
undertake the activities of proposed actions, as well as a land base over
which to exercise jurisdiction for the proposed activities)
By acquiring eligibility determination, tribes can:
Become eligible for reduced match funding (5%-10%) under the CAA Section 105 grant program
Develop a Tribal Implementation Plan (TIP)
Implement federally enforceable regulations regarding air quality
on tribal lands
Participate in new source review and operating permit programs for major on-reservation sources
GENERAL EXTERNAL LINKS: |
USEPA
AIEO TAS Information |
Contains a summary of the regulations and issues surrounding TAS
determination, and changes to the existing process, plus links to
the rest of the EPA site. Topics include: TAS with respect to the
CAA, CWA, and SDWA. |
NTEC
- Tribal Air Organization |
Contains listing of the Table of Contents and links to those sections
of the document, as well as links to the rest of the NTEC site.
Topics include: TAR, jurisdiction, regional haze, WRAP, attainment,
functions and actions of a tribal air quality organization (or program). |
TRIBAL IMPLEMENTATION PLANS (TIPs)
What is a Tribal Implementation Plan (TIP)?
A Tribal Implementation Plan (TIP) is the tribal equivalent to a State Implementation Plan
(SIP). TIPs are used for implementing provisions of the Clean Air Act (CAA), such as regulating NAAQS-related
pollution activities. Any federally recognized tribe that has received an eligibility determination
under the CAA can develop a TIP.
GENERAL EXTERNAL LINKS: |
USEPA
TIP Information |
Contains information on, and a link to downloading the Draft Tribal
Implementation Plan guidance. Topics include: TIP. |
USEPA
TribalAir TIP Explanation |
Contains summary information on tribal authority to develop TIPs,
plus links to comments on the Explanation, and links to the rest
of the TribalAir and EPA pages. Topics include: TIPs, TAR, SIPs,
modular approach, severable elements of a TIP, plus example TIPs
for different cases. |
Close This Window
|
