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Tribal Program

Region 5's Air and Radiation Division (ARD) is committed to protecting the health of the people and the environmental resources in Indian Country, while supporting tribal self-government, fulfilling the Federal trust responsibility, and strengthening government-to-government relations between tribes and the Environmental Protection Agency (EPA). Within Region 5 there are 35 Federally recognized Indian tribes and bands; 12 in Minnesota, 11 in Wisconsin, and 12 in Michigan.

The Tribal Authority Rule, Indian Tribes: Air Quality Planning and Management (63 FR 7253, February 12, 1998), implements section 301 of the Clean Air Act (CAA) which authorizes the Administrator to decide which provisions of the CAA to make available for tribal implementation and which to reserve for EPA implementation. The rule provides that tribes may be treated in the same manner as States for virtually all CAA programs. The rule grants tribes, with EPA approved CAA programs, authority for these programs over all air resources within the exterior boundaries of their reservation (including non-Indian owned fee lands). For off-reservation areas, tribes must demonstrate the basis for jurisdiction.

Region 5's Direct Implementation roles under the CAA call for administering CAA mandated programs in Indian Country in instances where a tribe does not wish to administer any or all provisions of these programs. The programs currently available for EPA's direct implementation include the CAA Title V Operating Permit, Prevention of Significant Deterioration (PSD) Construction Permit, New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), and Attainment Status Designations for criteria pollutants. EPA's role also includes compliance and enforcement actions when necessary. ARD's Direct Implementation responsibilities are documented in the U.S. EPA Region 5 Direct Implementation Strategy for Indian Country. A link will be added soon pertaining to this strategy.

Where tribes choose to develop their own CAA programs, EPA is responsible for identifying and providing resources, tools, and technical support that tribes will need to develop and implement these programs. The ARD will, pending program approval and available funding, provide a tribe with funding through Sections 103 and 105 cooperative agreements. In addition, tribes can apply for funding assistance for air quality work under the Region 5's Indian Environmental Office, General Assistance Program grants or, for tribes implementing environmental programs in several media, a Performance Partnership Grant. A list of ARD tribal grantees and project descriptions is being created and will be attached at a later date.

The Tribal Authority Rule authorizes "treatment of an Indian tribe in the same manner as states" for tribes to implement EPA-approved CAA programs in Indian Country. Tribes may implement only those programs they wish, or even only the portions of programs that are most relevant to the air quality needs of the tribe. Eligible TAR tribes have the authority to develop Tribal Implementation Plans, which may impose air quality requirements in Indian Country that meet or exceed those defined in the CAA.

Air Division Tribal Coordinators:

Michigan
Stephanie Cheaney
312-886-3509
(cheaney.stephanie@epa.gov)		 Minnesota
Ben Giwojna
312-886-0247
(giwojna.benjamin@epa.gov)		 Wisconsin
Sharleen Getschman
312-353-3486
(getschman.sharleen@epa.gov)

Tribal Air Topics, Region 5 Contacts and Other Information:

Related/Useful Links:

Announcements:

Region 5 Air & Radiation Division, Request for Proposals for FY 2009 Tribal Funding (PDF) (118kb, 30 pages, About PDF)
• Menu of Options (PDF) (89K, 26 pages, About PDF)
• Competition Policy (PDF) (145K, 37 pages, About PDF)
• Environmental Results (PDF) (185K, 29 pages, About PDF)
FY 2009 Tribal Request for Proposals Question and Answer

Tribal Climate Change Symposium (December 1-4, 2008)

 

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