Applying for Treatment in the Same Manner as a State for Sections of the Clean Air Act National Tribal Forum May 12, 2014

• 1990 Clean air Act (CAA) Amendments • CAA Section 301(d) • Rule proposed August 1994 • Rule promulgated February 1998 • Treatment as a State

TAR and TAS • The TAR authorizes the EPA to treat eligible federally-recognized Tribes in the “same manner as a state” (TAS) for implementing and managing certain environmental programs under the CAA.

• Program eligibility (TAS) is granted to a Tribe when it can demonstrate that it has authority to develop and adopt programs or rules, implement those rules (have enforcement and judicial systems), and has capacity to carry out their program.

Criteria for Eligibility • Demonstrate federal recognition (listed on federal register); • Demonstrate that Tribe performs governmental functions (e.g., constitution); • Demonstrate location of reservation and inherent authority over any areas outside of the reservation; • Demonstrate “Capacity”

Criteria for Eligibility cont.

• Demonstrate capability to carry out necessary functions in a manner consistent with the terms and purposes of the CAA sections which are applicable for acquiring jurisdiction.

• See Attachment F and G

TAS Process Timeline • Submit application to region, once they determine it is complete; • Comment period – this is for the state, any other governmental entity and anyone in the area surrounding the Tribe; • Region reviews comments; • Final decision by the Administrator.

Which Section(s) of the CAA will your Tribe want to Apply for? • Can apply for one or more depending on the needs of the Tribe; • Draft document which breaks down the CAA Titles I, III, and V, and how Tribes can use them; • Sections most often applied for are highlighted; • This information can be inserted directly into the Tribe’s TAS application when requesting a section of the CAA for jurisdiction.

Websites • Office of Air and Radiation Tribal Air Website http://www.epa.gov/air/tribal • Basic Information http://www.epa.gov/air/tribal/backgrnd.html

• Eligibility for Administering CAA Programs http://www.epa.gov/air/tribal/tas_elig.html

• Attachment F http://www.epa.gov/tribal/pdf/tas-strategy-attach-f.pdf

• Attachment G http://www.epa.gov/tribal/pdf/tas-strategy-attach-g.pdf

Websites cont.

• Air Program Resources http://www.epa.gov/air/tribal/airprogs.html#tribalair • Tribal Authority Rule http://www.epa.gov/fedrgstr/EPA-AIR/1998/February/Day 12/a3451.pdf

Appendix

National TAS Report for 2012 • Region 1 – 3 • Region 2 – 3 • Region 4 – 0 • Region 5 – 3 • Region 6 – 4 • Region 7 – 2 • Region 8 – 9 • Region 9 – 10 • Region 10/Alaska – 21 *These numbers include any submittal made by the first quarter of 2012 marked as active and entered into the OTS database.

National TAS Report for 2012 Region 1 2 4 5 6 7 8 9 10/Alaska # of Tribes 10 8 6 35 66 9 27 147 42/231 # of TAS 3 3 0 3 4 2 9 10 21 *These numbers include any submittal made by the first quarter of 2012 marked as active and entered into the OTS database.