Generally, Indian tribes have jurisdiction over all lands within their reservation and/or where they can establish jurisdiction. For environmental protection in "Indian Country," the EPA retains jurisdiction over all pollution sources until a program has been delegated to the tribe. Indian tribes must qualify for the "delegation" of a program under the various environmental protection laws administered by the EPA. Tribes must also apply for and receive "Treatment As State" or "Tribal Authority" before delegation of an air program. There four (4) basic options for implementing a tribal Clean Air Program:
An Indian tribe implements its own Clean Air Program.
The EPA implements the Clean Air Program for the tribe.
Both the Indian tribe and the EPA implements different aspects of a Clean Air Program.
An Indian tribe enters into a MOU with a state to implement an Air Program.
Basic Tribal Air Project & Program Components
Source and emission inventory (stationary, area & mobile)
Monitoring (ambient or source)
Short-term meteorological modeling activities
Tribal air quality regulation and code development
Tribal permit program for major/minor air sources
Tribal inspection and enforcement programs
Tribal Implementation Plan (TIP) development
Public education & outreach
Relevant air training
Review of state permits within 50 mile radius of trust lands
Funding & Contacts
Section 103 "Air Quality Assessments." No match requirement
Section 105 "Air Pollution Control Programs." 5-10% match requirement