Inter-Tribal Environmental Council
Tribal Governments and Clean Air

 

Options

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