Tribal Air Program Main Page
Under the Clean Air Act, air quality within federally recognized Indian Reservations can be managed directly by EPA, or tribes can be approved to administer parts of the Clean Air Act if they have the capacity and willingness to do so.
 | Federal Air Rules for Reservations (FARR)
In Region 10, the Federal Air Rules for Reservations in Idaho, Oregon, and Washington were developed to ensure basic rules governing air pollution sources within Reservation boundaries. Since these rules became effective in June 2005, many tribes have been working to assist EPA to ensure these rules are protecting air quality for all residents of reservations.
FARR Hotline: 1-800-424-4EPA. | |
Tribes in Region 10 are developing their own capacity to manage air pollution sources within their jurisdiction and protect air quality with technical and financial assistance from EPA. The following information relates to a variety of EPA Clean Air Act programs and assistance that are relevant to tribes and Reservations within Region 10.
Table of Contents
Announcements
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Overview
Region 10's Office of Air Quality (OAQ) 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). See our Tribal Handbook.
Within Region 10 there are 271 Federally recognized Indian tribes: 229 in Alaska, 4 in Idaho, 9 in Oregon, and 29 in Washington.
The Tribal Authority Rule (40 CFR, Part 49), 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 (TAS) 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 10's direct implementation roles under the CAA call for administering CAA mandated programs in Indian Country in instances where a tribe is not administering provisions of these programs. The programs currently available for EPA's direct implementation include the CAA Title V Operating Permit (Part 71), Prevention of Significant Deterioration (PSD) Construction Permits, 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.
EPA Region 10 has promulgated Federal Implementation Plans (FIPs) referred to as the Federal Air Rules for Reservations to fill the regulatory gap on 39 Indian reservations in Washington, Oregon, and Idaho. Effective June 6, 2005, these regulatory requirements now apply to industry and residents of reservations, similar to those imposed by the rules of state and local air agencies in the surrounding areas. These rules are now ensuring that basic air quality protection is in place to protect health and welfare on Indian reservations located in the Pacific Northwest. See the Federal Air Rules for Reservations.
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 OAQ will, pending program approval and available funding, provide a tribe with funding through CAA Sections 103 and 105 grants and cooperative agreements to assess and manage air quality on its reservation.. In addition, tribes can apply for funding assistance for initial air quality work under Region 10's Indian General Assistance Program grants or, for tribes implementing environmental programs in several media, a Performance Partnership Grant.
Air Quality Monitoring and Assessment
Emissions Inventories
Indoor Air and Radon
Contacts:
Indoor Air Quality: Sue Titus (206) 553- 1189, titus.susan@epa.gov
Radon: Davis Zhen (206) 553-7660 zhen.davis@epa.gov
Indoor Air Topics
Radon
Permits
Contacts:
Title V Fees/Permits: Gary Olson (206) 553-0977 olson.gary@epa.gov
Title V Part 71 (Tribal): Doug Hardesty (208) 378-5759 hardesty.doug@epa.gov; Pat Nair (208) 378-5754 nair.pat@epa.gov
Construction Permits (PSD): Dan Meyer (206) 553-4150, meyer.dan@epa.gov
Tribal Operating Permit Program
Forms for Operating Permit Program
Eligiblity Determinations and the Tribal Authority Rule
Tribes that have established eligibility to Sections of the Clean Air Act as of May 1, 2006
 | 105 | 106 | 505(a)(2) | 106(c-e) |
Tribe | Grant | Interstate
Air Agency | Affected State
for Title V | Designation
Authority |
ShoshoneBannock | 6/23/2000 | 6/23/2000 | 6/23/2000 | 6/23/2000 |
Tulalip | 1/29/2004 | | | |
Colville | 2/10/2004 | | | |
Puyallup | 5/11/2004 | | 5/11/2004 | |
Swinomish | 6/11/2004 | | | |
Quinault | 1/6/2005 | | | |
Makah | 4/9/2006 | | | |
Umatilla | 2/2/2007 | | 2/2/2007 | |
Coeur d'Alene | 2/27/2007 | | | |
Regulation Development and Tribal Implementation Plans
Air Pollution Incident Complaints/Enforcement
Contacts:
Gary Olson (206) 553-0977 olson.gary@epa.gov
Steven Potokar (206) 553- 6354 potokar.steven@epa.gov
FARR Hotline: 1-800-424-4EPA (4372)
Training and Resources
Tribal Links
Frequently Asked Questions
How is the Clean Air Act implemented on Federally Recognized Indian Reservations where states have no jurisdiction?
The federal government has responsibility for directly administering CAA mandated programs in Indian Country in instances where a tribe is not administering provisions of these programs. EPA provides assistance to Tribes who wish to develop their own air quality regulations under the CAA for managing air quality on their reservations. On June 7, 2005, the Federal Air Rules for Reservations become effective. For further information about these rules, click on the link at the top of this page.
What is Region 10's approach to Clean Air Act implementation in Indian Country in Alaska where most of the 229 tribes have no reservation?
Due to the unique jurisdictional and environmental conditions and challenges presented by Alaskan Native Villages, a collaborative approach between Tribes, the State of Alaska Department of Environmental Conservation, and EPA is deemed the most efficient way to effectively address the air quality problems that exist in rural Alaska for tribal communities. Input and comments is solicited on the attached working document: (MSWord, 32 kb, 1 page)
What are the types of financial assistance available to Tribes for doing work under the Clean Air Act?
In addition to grants under the EPA Indian General Assistance Program to build tribal capacity and assess environmental needs, Tribes can apply for assistance under CAA Section 103 for project to investigate the causes and prevention of air pollution and under CAA Section 105 for implementing tribal air programs to manage the air quality issues and concerns on the reservation.
What are other differences between grants awarded under CAA Sections 103 and 105?
Grants awarded under CAA Section 103 are for limited duration and for investigations, studies and pilot projects; generally for tribes to assess the need for an ongoing air management program. They cannot be for implementation of any Clean Air Act programs. The CAA 103 grants are limited to a five year maximum duration and have no match requirement. A tribe can receive more than one consecutive CAA 103 grant, if the purpose or objective of the subsequent grant is sufficiently different from that of prior grants to warrant new studies be funded.
Grants made under CAA Section 105 are generally for ongoing program implementation activities. Forty percent of the program costs must be funded by the tribal grantee with EPA furnishing 60%. This 40% "match" can be reduced to 5% and then 10%, if a tribe has been found by EPA to be eligible for Treatment as a State (TAS) under CAA 105 or if the grant is made part of a Performance Partnership Agreement with the tribe's other EPA program grants, such as GAP or Clean Water Act.
Does establishing eligibility Treatment as a State (TAS) under CAA 105 guarantee that a tribe will be awarded a CAA 105 grant or once awarded that the grant amount will be of a particular amount?
In Region 10, although establishing Treatment as a State for CAA 105 requires a showing of many of the same things as would be required to be approved for a CAA 105 grant, there are additional factors that go into an award decision that may result in a tribe with TAS for CAA 105, not receiving a CAA 105 grant, typically this relates to the amount of available funding for these grants. Once a tribe has been awarded a CAA 105 grant EPA is committed to trying to continue to support the air program of that tribe as long as performance and the need for an air quality program exist. If the number of tribes awarded CAA 105 grants were to increase faster than the available funding the amount available to each tribe would be insufficient to carry out the minimum work needed for an ongoing program. To avoid this, Region 10 will review requests for CAA 105 grants carefully to try to ensure that there will be adequate resources to support some reasonable level of continuing funding. However, while there is some assurance of ongoing funding once a CAA 105 grant is awarded, there is no guarantee of any particular level of funding.
Are there other sources of EPA grant funds that can help conduct projects or programs under the Clean Air Act?
Yes. It is valuable to watch for other grant opportunities that may come from other EPA offices or programs. Initital assessments and baseline studies, as well as basic capacity building, can be an appropriate activity under the Indian General Assistance Program run under the Tribal Operations Offices of the Region. See their webpage. Also, targeted grants for work with air toxics, indoor air, or other specific air pollution areas are often announced through the EPA website. Depending upon the priorities of the tribe these may be particularly worth attendtion.
What is a Quality Assurance Project Plan and its role in data collection under CAA funded activities?
An EPA-approved Quality Assurance Project Plan (QAPP) is required to ensure that data collected is valid and can be relied upon for its intended purpose. Grant regulations require that the QAPP be approved prior to data collection in order for associated costs to be reimbursable.
What is the purpose of the Quarterly Performance Report from grantees?
The Performance Report, typically submitted on a quarterly basis, documents the progress under the grant work plan toward completion of the agreed tasks, objectives, and deliverables. Pursuant to 40 CFR 31.40 they must contain “brief information on the following:
(1) A comparison of actual accomplishments to the objectives established for the period. Where the output of the project can be quantified, a computation of the cost per unit of output may be required if that information will be useful.
(2) The reasons for slippage if established objectives were not met.
(3) Additional pertinent information including, when appropriate, analysis and explanation of cost overruns, or high unit costs.
Tribal Air Project Officers
Mary Manous, Tribal Air Program Lead & Alaska Tribes
(206) 553-1059
manous.mary@epa.gov
Christina Miller, Washington and Oregon Tribes
(206) 553-6512
miller.christina@epa.gov
Doug Cole, Idaho Tribes
(208) 378-5764
cole.doug@epa.gov