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Treatment in the Same Manner as a State
Laws and Regulations
- Treatment in the Same Manner as a State
- Clean Air Act
- Clean Water Act
- Safe Drinking Water Act
- Resource Conservation and Recovery Act
- Emergency Planning and Community Right to Know Programs
- Federal Insecticide, Fungicide, and Rodenticide Act
- Toxic Substances Control Act
- National Environmental Policy Act
- Endangered Species Act
- Comprehensive Environmental Response, Compensation, and Liability Act
Several federal environmental laws authorize EPA to treat eligible federally-recognized Indian tribe in the same manner as a state for implementing and managing certain environmental programs.
Below is a list of the environmental statutes with tribal eligibility for regulatory program authorizations:
- The Clean Air Act (CAA)
- The Clean Water Act (CWA)
- Water Quality Standards and 401 Certifications
- National Pollution Discharge Elimination System (NPDES) Permits
- 404 Dredge and Fill Permits
- Sewage Sludge Management Program
- The Safe Drinking Water Act (SDWA)
- The Toxic Substance Control Act (TSCA)
- The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
- Related TAS Topics
The Clean Air Act (CAA)
- Basic information on the tribal air quality programs in Indian country
- Procedural Steps for Processing Tribal Applications for TAS Eligibility for Regulatory Programs Under the Clean Air Act (Attachment F of TAS Strategy), PDF (2 pp, 39K) | MS Word (84K).
- Regulatory Requirements for TAS Eligibility Under the Clean Air Act and Examples of Supporting Documentation (Attachment G of TAS Strategy), PDF (4 pp, 60K).
- 40 CFR Part 49 Tribal Clean Air Authority
The Clean Water Act (CWA)
Water Quality Standards and 401 Certifications
- Basic information on the Water Quality Standards and certification programs
- Procedural Steps for Processing Tribal Applications for TAS Eligibility for the Clean Water Act Water Quality Standards and Certification Programs (Attachment A of TAS Strategy), PDF (4 pp, 57K) | MS Word (100K).
- Regulatory Requirements for TAS Eligibility Under the Clean Water Act Water Quality Standards and Certification Programs and Examples of Supporting Documentation (Attachment B of TAS Strategy), PDF (4 pp, 54K).
- Examples of Information to Show Tribal Authority over Nonmember Activities Under Montana v. United States: Impacts of Nonmember Activities on Tribal Political Integrity, Economic Security, or Health or Welfare (Attachment C of TAS Strategy), PDF (4 pp, 43K).
- Overview of a Tribe’s TAS Eligibility for the CWA Water Quality Standards Program (Attachment D of TAS Strategy), PDF (2 pp, 18K).
- Frequently Asked Questions: TAS Eligibility Process for the Clean Water Act, Water Quality Standards and Certification Programs (Attachment E of TAS Strategy), PDF (4 pp, 40K).
- 40 CFR 131.8 Requirements for Indian Tribes to administer a water quality standards program
National Pollution Discharge Elimination System (NPDES) Permits
- Basic information on the major features and elements of the NPDES permit program
- Handbook on the NPDES program authority, (PDF) (30 pages, 3Mb, About PDF Files)
- 40 CFR 123.31 Requirements for eligibility for Indian Tribes
- 40 CFR 123.32 Request by an Indian Tribe for a determination of eligibility
- 40 CFR 123.33 Procedures for processing an Indian Tribe's application
- 40 CFR 123.34 Provisions for Tribal criminal enforcement authority
404 Dredge and Fill Permits
- Basic information on the tribal assumption of the CWA Section 404 Permit Program
- 40 CFR 233.60 Requirements for eligibility
- 40 CFR 233.61 Determination of Tribal eligibility
- 40 CFR 233.62 Procedures for processing an Indian Tribe's application
Sewage Sludge Management Program
- Handbook on the NPDES program authority, (PDF) (30 pages, 3Mb, About PDF Files)
- 40 CFR 501.22 Requirements for eligibility of Indian Tribes
- 40 CFR 501.23 Request by an Indian Tribe for a determination of eligibility
- 40 CFR 501.24 Procedures for processing an Indian Tribe's application
- 40 CFR 501.25 Provisions for Tribal criminal enforcement authority
The Safe Drinking Water Act (SDWA)
Public Drinking Water System Supervision (PWSS) Program
- Basic information on the public drinking water systems
- Regulatory Requirements for TAS Eligibility Under the Safe Drinking Water Act Public Water System Supervision Program and Examples of Supporting Documentation (Attachment H of TAS Strategy), PDF (4 pp, 53K).
- Frequently Asked Questions: TAS Eligibility Process for the Safe Drinking Water, Act Public Water System Supervision Program (Attachment I of TAS Strategy), PDF (2 pp, 22K).
- 40 CFR 142.72 Requirements for Tribal eligibility
- 40 CFR 142.76 Request by an Indian Tribe for a determination of eligibility
- 40 CFR 142.78 Procedure for processing an Indian Tribe's application
Underground Injection Control (UIC) Program
- Basic information on the underground injection control program
- 40 CFR 144.2 Promulgation of Class II programs for Indian lands
- 40 CFR 145.52 Requirements for Tribal eligibility
- 40 CFR 145.56 Request by an Indian Tribe for a determination of eligibility
- 40 CFR 145.58 Procedure for processing an Indian Tribe's application
The Toxic Substance Control Act (TSCA)
Lead (Pb) Program
- Basic information on certification and training programs for lead-based activities
- 40 CFR 745.320 Scope and purpose
- 40 CFR 745.323 Definitions
- 40 CFR 745.324 Authorization of State or Tribal programs
- 40 CFR 745.325 Lead-based paint activities: State and Tribal program requirements
- 40 CFR 745.326 Pre-renovation notification: State and Tribal program requirements
- 40 CFR 745.327 State or Indian Tribal lead-based paint compliance and enforcement programs
- 40 CFR 745.339 Effective dates
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
- Guidance on Basic Elements of an EPA-Funded Tribal Pesticide Program
- 40 CFR 171.10 Certification of applicators on Indian Reservations
- 40 CFR 171.11 Federal certification of pesticide applicators in States or on Indian Reservations where there is no approved State or Tribal certification plan in effect
Related TAS Topics
- TAS Simplification Rule - This action amends regulations addressing the role of Indian tribes so as to make it easier for tribes to obtain EPA approval to assume the role Congress envisioned for them under certain environmental statutes.
- Direct Implementation Tribal Cooperative Agreements (DITCAs) - a funding mechanism for federally-recognized tribes and eligible intertribal consortia to carry out agreed-upon activities and to assist EPA with the implementation of federal environmental programs for Indian tribes in the absence of an acceptable tribal program.
- Final Guidance on Awards of Grants to Indian Tribes under Section 106 of the Clean Water Act - describes other possible approaches tribes can use to participate in environmental programs, apart from TAS. This guidance presents nonregulatory approaches and an approach that uses tribal standards, ordinances, or codes recognized by a tribal government for protecting and improving water quality.
- Strategy for Reviewing Tribal Eligibility Applications to Administer EPA Regulatory Programs (PDF) (38 pp, 470K, About PDF Files) - a strategy for improving the review of tribal applications for treatment in the same manner as a state (TAS) to administer EPA regulatory programs. This PDF version of the strategy is designed to print a 2-sided copy. Single-sided printing will result in a couple of blank pages in the document.
- Attachment A - Procedural Steps for Processing Tribal Applications for TAS Eligibility for the Clean Water Act Water Quality Standards and Certification Programs, PDF (4 pp, 57K) | MS Word (100K).
- Attachment B - Regulatory Requirements for TAS Eligibility Under the Clean Water Act Water Quality Standards and Certification Programs and Examples of Supporting Documentation, PDF (4 pp, 54K).
- Attachment C - Examples of Information to Show Tribal Authority over Nonmember Activities Under Montana v. United States: Impacts of Nonmember Activities on Tribal Political Integrity, Economic Security, or Health or Welfare, PDF (4 pp, 43K).
- Attachment D - Overview of a Tribe’s TAS Eligibility for the CWA Water Quality Standards Program, PDF (2 pp, 18K).
- Attachment E - Frequently Asked Questions: TAS Eligibility Process for the Clean Water Act, Water Quality Standards and Certification Programs, PDF (4 pp, 40K).
- Attachment F - Procedural Steps for Processing Tribal Applications for TAS Eligibility for Regulatory Programs Under the Clean Air Act, PDF (2 pp, 39K) | MS Word (84K).
- Attachment G - Regulatory Requirements for TAS Eligibility Under the Clean Air Act and Examples of Supporting Documentation, PDF (4 pp, 60K).
- Attachment H - Regulatory Requirements for TAS Eligibility Under the Safe Drinking Water Act Public Water System Supervision Program and Examples of Supporting Documentation, PDF (4 pp, 53K).
- Attachment I - Frequently Asked Questions: TAS Eligibility Process for the Safe Drinking Water, Act Public Water System Supervision Program, PDF (2 pp, 22K).
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