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Basic Information
EPA's Office of Air and Radiation (OAR) recognizes the primary role for Tribes in protecting air resources in Indian country. Indian Tribes have express authority under the Clean Air Act (see the Plain English Guide to the Clean Air Act) to manage air quality on their reservations. The Tribal Authority Rule, or TAR, identifies those provisions of the Clean Air Act for which it is appropriate to treat tribes in the same manner as states (TAS). The TAR lays out the eligibility requirements to apply for any one of a number of Clean Air Act programs. In addition, the TAR describes the kinds of financial assistance available to tribes interested in pursuing an air quality program. The TAR is the key to tribal implementation of the Clean Air Act.
Although not required to do so, a Tribe may both apply for TAS and develop its own air quality control plan, called a Tribal Implementation Plan (TIP), for approval by EPA. A TIP enacted by a tribal government and approved by the EPA is legally binding under both tribal and federal law and may be enforced by the Tribe, EPA, and the public. Besides TIPs, there are other Clean Air Act programs for which tribes may receive approval or delegation, such as Title V permit program, New Source Performance Standards, and National Emission Standards for Hazardous Air Pollutants.
To assist tribes, OAR is working to provide technical assistance and air program resources to build tribal capacity. In addition, OAR is working to develop federally based programs to enable EPA to address air quality problems in Indian Country in cases where a tribe may be unable to do so themselves.
In 2008, the good work of tribal air quality program management continues with 98 tribes receiving air grant support; over 150 air quality monitors measuring air quality in Indian country with 85 tribes monitoring. 38 tribes with final emissions inventories submitted to the National Emission Inventory; and over 50 tribes participate actively in Regional Planning Organizations. In addition, 27 tribes have received eligibility determinations (TAS) under the Tribal Authority Rule and two tribes have been approved to implement Tribal Implementation Plans (TIPs) to address air quality issues on their reservations, with several more under development. With each passing year, more tribal environmental professionals receive training in various aspects of air quality management and take further steps toward development of comprehensive tribal air quality programs. In addition, tribal officials engage on the national level in policy workgroups and advisory committees.
For more information on EPA Tribal programs, visit EPA's American Indian Environmental Office.