Tribal Air Program Handbook
Tribal Air Program Handbook
Clean air is critical for a safe, clean environment; having air free of contaminants keeps us healthy and improves our overall quality of life. EPA Region 10 is working with tribes, states, and local governments to keep the air in the Pacific Northwest and Alaska clean and safe.
Although the 1990 Clean Air Act (CAA) is a federal law covering the entire country, the states do much of the work to carry out the Act. The 1990 CAA Amendments included several provisions authorizing tribal governments to develop Federally enforceable programs to manage air quality in Indian country. Until tribes have the technical capacity and can choose whether to develop independent air quality management programs, EPA has the responsibility to implement the CAA throughout Indian country.
The following are links to explain the topics more fully.
Table of Contents
Why Should You Be Concerned About Air Pollution
What are We Breathing
What is Air Pollution
Where does Air Pollution Come From
What are the main air pollutants
The Role of the Federal Government, States, and Tribes
The Tribal Authority Rule
Federally Recognized Indian Tribes
Federal Air Rules for Reservations
Grants for Air Quality Activities
Quality Assurance Project Plans
Air Quality Activities in Indian Country
Emission Inventories
Mobile Sources and Emissions
Air Monitoring & Modeling
Agricultural and Forestry Burning/Smoke Management
Air Toxics
Regional Haze
Citizen Complaint Response
Indoor Air
Radon and Radiation
Title V: Permitting of Major Sources under Part 71
New Source Review
Other links
EPA Tribal Contact List
Why Should You Be Concerned About Air Pollution?
Air pollution can make you sick. It can cause burning eyes and nose and irritate throats and lungs, causing trouble in breathing. Some chemicals found in polluted air cause cancer, birth defects, brain and nerve damage and long-term injury to the lungs and breathing passages. Some air pollutants are so dangerous that accidental releases can cause serious injury or even death.
Air pollution can damage the environment. Trees, lakes, and animals have been harmed by air pollution. Air pollutants have thinned the protective ozone layer above the Earth; this loss of ozone could cause changes in the environment as well as more skin cancer and cataracts (eye damage) in people.
Air pollution can damage property. It can dirty buildings and other structures. Some common pollutants eat away stone, damaging buildings, monuments, and statues. Air pollution can cause haze, reducing visibility in national parks, and sometime interfering with aviation.
What are We Breathing?
Outdoor air, also called "ambient air," is a vast blanket of gases surrounding the earth. The air we breathe at ground level is a mixture of invisible and odorless gases, mostly nitrogen and oxygen, with smaller amounts of water vapor, argon, carbon dioxide, neon, helium and hydrogen. Indoor air is also a serious health concern for many people, including tribal communities, but is not regulated under the Clean Air Act. EPA does, however, support work to assist in assessing the existence of indoor air quality problems.
What is Air Pollution?
We say the air is "polluted" when it contains enough unhealthy particles and gases to harm people, animals, plants, and even objects such as buildings and statues. Air pollution can be present as a solid, liquid or gas. When we see smoke, we are really seeing tiny solid particles suspended in the air. Acid rain is an example of gases and liquids mixing with otherwise clean air. Polluted air contains harmful gases and particles, usually as a result of combustion or burning from both natural and man-made sources. The air we breathe depends on natural cleaning forces-- such as wind and rain-- to help remove, dilute and disperse the dirt and pollution in the air.
Where does Air Pollution Come from?
Natural vs. Man-made
Natural air pollutants have always been part of the earth's history. Particles of soot and various gases from volcanoes, forest fires, and decaying organic materials in oceans and swamps enter the atmosphere at irregular intervals, sometimes at levels that have dramatic effects on our climate. Windstorms can fill the air with dust which affects the air hundreds of miles away. The explosion of ash and soot from Mt. St. Helens in May of 1980, for example, affected the air quality throughout the Pacific Northwest and the rest of the country for months after the initial eruption.
Since little can be done by humans about natural pollution, our main concern has to be with the additional pollution that comes from human activities. Most of the gaseous components of air are part of the natural cycle, and ecosystems have natural ways of keeping the many parts of the system in balance. The problem comes when the activities of people introduce large quantities of additional compounds to the air, which can unbalance and disrupt the normal biochemical cycle.
Naturally produced pollutants are not necessarily as serious a problem as man-made pollution because they are not concentrated over large cities and many are less harmful than man-made pollutants.
Air Pollution Sources
Humans burn a variety of materials for fuel and for other purposes. The act of burning releases harmful gases that can pollute the air. In general, the quality of the air depends upon how much and how efficiently the fuel is burned. Such choices affect our lives in many ways; how we choose to move around to get from place to place (transportation choices), how we heat our homes, what we do with garbage and yard waste and how society creates the many products we all use everyday, all contribute to air pollution in some fashion. Air pollution is often the result of incomplete combustion from burning coal, wood, oil and gasoline. Pollutants are also released from materials that "evaporate."
Any place or object from which pollutants are released is a source of air pollution. There are many different air pollution sources. A source can be a power plant, factory, gas station or farm; cars, trucks and other motor vehicles are sources, as are woodstoves, unpaved roads, and some consumer products.
Mobile sources: Mobile sources are those that move around, such as cars, trucks, buses or motorcycles, and are generally transportation-related.
Stationary sources: A source that stays in one place is considered a "stationary" or point source. Large stationary sources are usually industrial operations that emit large quantities of air pollutants, such as chemical plants, oil refineries and pulp & paper mills.
A “major source” is a Clean Air Act term that refers to a stationary source that produces in excess of a specified amount of pollution per year. In general, a source is considered to be "major" if it emits (or has the potential to emit) more than 100 tons per year of one criteria pollutant, more than 10 tons per year of any single toxic air pollutant, or more than 25 tons per year of any combination of toxic air pollutants. Stationary sources below this limit are referred to as “minor sources.”
Area sources: Sometimes called “non-point sources,” area sources individually may not release much pollution; however, numerous area sources together can contribute quite a bit of pollution. Examples of area sources of pollution are wood stoves, unpaved roads, dry cleaners, gas stations, and small manufacturing companies.
What are the main air pollutants?
Certain air pollutants are so pervasive that they tend to show up wherever air quality is poor. EPA uses six criteria pollutants as indicators of air quality: ozone, carbon monoxide, nitrogen dioxide, sulfur dioxide, particulate matter and lead. For each of these, EPA has established "primary" standards to protect public health, and "secondary" standards to protect other aspects of public welfare, such as preventing materials damage, preventing crop and vegetation damage, or assuring visibility. These standards are called the National Ambient Air Quality Standards (NAAQS). Areas of the country where air pollution levels persistently exceed these standards may be designated as "nonattainment areas."
The criteria air pollutants to which the NAAQS apply are:
Carbon monoxide (CO): A colorless gas formed when substances burn, particularly fuels like gasoline, oil, wood, etc. Breathing too much carbon monoxide interferes with how the body absorbs oxygen, and therefore especially affects people with respiratory and/or heart disease.
Ozone (O3): A gas which is formed by a chemical reaction of nitrogen oxides and volatile organic compounds together with sunlight and warm temperatures. At ground-level, ozone is often referred to as "smog". Breathing too much ozone can damage lung tissue, and aggravates respiratory problems like asthma and emphysema. High ozone levels are also harmful to plants, crops and trees, as well as a variety of materials like rubber and paints.
While ground-level ozone is harmful, ozone in the upper atmosphere is beneficial. In the upper atmosphere (approximately 10 miles above the Earth), ozone forms a protective layer around the planet which shields the Earth's surface from the sun's intense ultra-violet radiation; exposure to high levels of UV radiation due to "holes" in the ozone affects creatures like frogs and salamanders, and increases the risk of skin cancer in humans.
Nitrogen dioxide (NO2): A gas produced from burning fossil fuels like oil and gas; NO2 is a major component of acid rain and ground-level ozone. Breathing too much NO2 is harmful to the lungs and aggravates asthmatic symptoms.
Sulfur Dioxide (SO2): A colorless gas formed during the combustion of fuels containing sulfur, such as coal. Breathing SO2 irritates the respiratory system and aggravates asthma symptoms.
Particulate matter (PM): Very small airborne particles, less than 10 microns in diameter. Major sources of particulate matter are burning fuels, such as wood in woodstoves and fireplaces, or diesel in motor vehicles; crushing or grinding, such as dust from unpaved roads and construction sites; and from industrial processes. Breathing high levels of particulate matter is harmful to lung tissue and aggravates asthma symptoms. Too much particulate in the air also affects visibility, obscuring how far in the distance one can see.
Lead (Pb): Lead is a heavy metal that is hazardous to human health. Lead occurs in the atmosphere as small particles, typically from emissions from lead smelters and other metal processing plants. In the past, lead was added to some gasoline to improve engine performance, and was released from a car's tailpipe. Levels of lead in the air across the country have decreased by ~90% since the Clean Air Act eliminated the production of leaded gasoline. Breathing high levels of lead can cause brain and other nervous system damage. Children are at particular risk from lead. Some lead-containing chemicals can cause cancer in animals and digestive and other health problems.
Other air pollutants of concern:
Volatile Organic Compounds (VOC): A large group of different compounds which each contain carbon and hydrogen (also known as "hydrocarbons"). VOCs are found in gasoline, solvents, oil based paints and inks, and in many consumer products such as aerosol spray products-- materials which "evaporate". VOCs react with nitrogen oxides, sunlight and heat to form ozone. Many VOCs are considered to be toxic or hazardous air pollutants, referred to as HAPs in EPA’s regulations.
Toxic Air Pollutants, also referred to "hazardous air pollutants" [“HAPS”] or "air toxics", are a group of pollutants that are known or suspected to cause cancer or other serious health effects such as reproductive effects, birth defects, or to cause adverse environmental effects. There are literally thousands of sources of toxic pollutants. Because of the substantial risks to human health, these compounds are regulated separately from the criteria air pollutants. The degree to which a toxic air pollutant affects a person's health depends on many factors, including the quantity, duration, and frequency of exposures, the toxicity of the chemical, and personal susceptibility.
We are exposed to literally thousands of toxic air pollutants everyday. Some of these pollutants are present in the form of gasoline, cleaning solvents, and paint strippers. Large and small manufacturing facilities, as well as people's daily automobile driving, all contribute to air toxic pollution. In the United States, 42 % of air toxic emissions come from mobile sources like cars, trucks, buses or farm equipment. Area sources or smaller sources such as dry cleaners, gas stations, and small manufacturing companies produce 34% of the air toxics nationwide. And 24% of the air toxics come from large stationary sources, known as point sources, such as chemical plants, oil refineries and pulp and paper mills.
The Role of the Federal Government, States, and Tribes:
State and Local Agencies:
The Clean Air Act identifies states as having the primary responsibility for preventing and controlling air pollution. State air quality programs include control programs and regulations, permit programs for businesses and industries, and enforcement programs to assure compliance. Some state programs are approved or delegated by EPA. Federal approval provides consistency among different state programs and ensures that a state program complies with the requirements of the Clean Air Act and EPA rules. State programs approved by EPA do not extend into Indian country unless explicitly stated by EPA in its approval.
Federally Recognized Indian Tribes:
Indian Tribes have been expressly recognized to have authority under the Clean Air Act to manage air quality on their reservations or other areas under the tribal government's jurisdiction if the Tribe qualifies for "treatment in the same manner as a state" (TAS). 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. Where Clean Air Act programs are not approved or delegated to tribes, it is EPA's responsibility to implement the Clean Air Act in Indian country. EPA recognizes the primary role for Tribes in protecting air resources in Indian country, and is working with Tribes to protect the air in the absence of approved or delegated
tribal programs.
The Tribal Authority Rule:
The 1990 CAA amendments mandated that EPA issue regulations to implement tribal authority under the Clean Air Act in Indian Country . This regulation, known as the Tribal Authority Rule, was issued in 1998 and establishes how tribal governments can apply to EPA for approval under the Clean Air Act to administer air quality management programs on their reservations and in non-reservation areas within their jurisdiction in a manner similar to States. The rule establishes a flexible approach to air quality management, the “modular” approach, allowing tribal governments to implement those provisions of the Clean Air Act that will address most effectively the air quality concerns of their individual reservations.
The CAA does not require Tribes to implement air programs and affirms that where Tribes opt not to carry out their own program to protect air quality, EPA will develop federal program to ensure adequate protection of air quality in Indian Country. It is hoped, however, that the “modular” approach will enable Tribes to begin in incremental ways to take charge of their air quality and work in partnership with EPA to protect the environment. Tribes are treated in the same manner as states for all provisions of the CAA, except for those listed in section 49.4 of the rule.
Important Elements of the Tribal Authority Rule:
Jurisdiction: Tribes may seek EPA approval for CAA authority over all air resources within the exterior boundaries of the reservation, including those on non-Indian owned fee lands, and over any other land where the Tribe can demonstrate jurisdiction.
Flexibility: Tribes are not required to implement all provisions of the CAA in order to be eligible. They may choose to develop those programs that most directly address their problems and concerns.
Capacity Building: EPA will provide financial and technical assistance to Tribes interested in implementing CAA programs.
Federal Implementation: The federal role remains central in the development of CAA programs in Indian Country. EPA has affirmed its trust responsibility to protect the environment in Indian country and explicitly committed to “promulgate without unreasonable delay such federal implementation plan provisions as are necessary or appropriate to protect air quality.
The Tribal Authority Rule lays out the requirements to apply for eligibility under the CAA to manage a Federally-enforceable air quality program. Those criteria for eligibility include demonstrating that the Tribe: (1) is federally recognized; (2) has a governing body carrying out substantial governmental duties and powers; and (3) is capable of implementing the program consistent with the CAA and applicable regulations. The Tribe must also identify the exterior boundaries of the reservation and, for non-reservation areas, must demonstrate the basis for jurisdiction.
http:// www.epa.gov/fedrgstr/EPA-AIR/1998/February/Day-12/a3451.htm
Federal Air Rules for Reservations
On March 15, 2002, EPA proposed rules to create federally-enforceable air quality regulations on the 39 Indian reservations in Idaho, Oregon, and Washington. These rules, known as the Federal Air Rules for Reservations (FARR), would ensure that residents within the boundaries of the reservations enjoy air quality protection similar to that existing outside the reservations. For a fact sheet and other information about these rules see EPA’s web site [http://www.epa.gov/r10earth/tribalairrules.htm].
Grants for Air Quality Activities:
Grant funding is available to support activities by Tribes to assess and manage air quality on reservations. Such funding is generally limited with awards based on the applicant’s demonstrated air quality needs and capacity to manage the grant. Federally-recognized Tribes are eligible to seek EPA funding to conduct air quality activities and develop tribal air programs under at least three separate authorities:
Indian Environmental General Assistance Program (42 USC §4368b)
Clean Air Act Project funding (CAA §103(b))
Clean Air Act Program funding (CAA §105)
Each of these provisions offers opportunities and limitations that might affect a Tribe’s decision on the appropriate authority to use to obtain support for its program. (In addition to the statutory limitations, tribal grants are subject to cost allowability limitations set forth in OMB Circular A-87). There are other EPA grant programs, such as Environmental Justice (EJ), Environmental Education (EE), and Pollution Prevention Incentive to States and Tribes (PPIS) that may also be available to support of some air-related activities.
Air Quality Activities Allowed under General Assistance Program Grants:
EPA’s Indian General Assistance Grant Program (GAP) provides resources to eligible Tribes to plan, develop, and establish an environmental protection program. This includes building the administrative, technical, legal, enforcement, communications, and environmental education and outreach infrastructure.
Planning and development of an environmental protection program may include conducting a baseline assessment of environmental degradation for specific media (e.g., air, water, etc.). For instance, in developing an air pollution control program, a Tribe could use GAP funds for a baseline assessment of air quality. A Tribe could also use GAP funds for other activities in support of building its air quality program such as completing an air pollution emissions inventory or setting up an ambient air quality monitoring network, if needed to characterize the air quality of a reservation, as part of building the capacity to operate and manage an environmental program.
This funding might be of particular interest to Tribes concerned about committing to an air pollution program infrastructure before they have a complete understanding of the air quality conditions within Indian country. Including a baseline multi-media assessment of Indian country in a GAP grant provides an avenue for a Tribe to collect the data needed to make media-specific decisions about media program implementation without taking on the burden of managing a number of media program grants.
For example, a Tribe may have concerns about its aquatic resources and suspect air deposition as a pollution pathway. It may also be reluctant to take on multiple grants and a large staff just to find out if there is a problem. In this case, it might be appropriate for the Tribe to work with EPA to develop a GAP work plan that would enable the Tribe to build an environmental protection program that addresses both air and water pollution. A baseline assessment of both water quality and air quality could be conducted if it is in support of planning, developing, or establishing such a program.
Tribes should be aware that this authority is not appropriate for the principal purpose of solving particular problems at particular places,” because these activities are not for support of planning, developing or establishing an environmental protection program.
Clean Air Act Section 103 Project Grants:
CAA §103(a) establishes EPA’s authority to conduct, and promote the coordination and acceleration of, research, investigations, experiments, demonstrations, surveys, and studies relating to the causes, effects (including health and welfare effects), extent, prevention, and control of air pollution. CAA § 103(b)(3) authorizes EPA to make grants to air pollution control agencies, to other public or nonprofit private agencies, institutions, and organizations, and to individuals, for [these] purposes. This broad authority has been used by many Tribes to begin work on tribal air programs. Tribes have used the CAA §103 authority to begin air quality assessments, develop emissions inventories, and set up air quality monitoring networks to collect baseline data on ambient air quality within the context of an investigation, survey, or study project.
CAA §103 grants are project grants, and are approved for a performance period of up to five years. This limitation should not constrain Tribes interested in assessing air quality and undertaking initial developmental activities since this kind of activity should generally not take more than five years to complete. It is also possible for Tribes to seek multiple project grants under this authority as long as no single grant activity extends beyond five years in a single grant’s cycle, and multiple grants are for distinctly different purposes. However, a §103 grant provides no guarantee of on-going funding beyond the project period.
Clean Air Act Section 105 Program Grants:
CAA §105 authorizes funding for implementing programs for the prevention and control of air pollution or implementation of national primary and secondary ambient air quality standards. (CAA §105(a)(1)(A)). The CAA further defines implementation as any activity related to the planning, developing, establishing, carrying-out, improving, or maintaining of such programs. (CAA §105(a)(1)(A)). The authority is further restricted to state and regional air pollution control agencies as well as agencies of an Indian Tribe, which have been eligible to receive funding under this authority in the same manner as states since the 1990 Clean Air Act amendments.
Eligible Tribes have authority, if they choose to take it on, to develop and implement federally-enforceable CAA programs with funding support under CAA §105. In addition, Tribes who seek eligibility to receive a CAA §105 grant under the 40 C.F.R. §35.573(a) provisions to be treated in the same manner as a state are also eligible for a reduced matching requirement (5% to 10%, depending on the situation). Tribes are generally eligible to receive §105 funding for operating ongoing air quality programs subject to certain limitations. Proposed programs must satisfy the requirements in 40 C.F.R. §35.511, including:
*Consistency with 40 C.F.R. Part 31 (requirements involving grants);
*Consistency with all applicable federal statutes; regulations; circulars; executive orders; and EPA delegations, approvals, or authorizations;
*Feasibility, considering the applicant’s existing circumstances, past performance, program authority, organization, resources, and procedures (40 C.F.R. part 35.511(a)(4)).
A Tribe seeking funding under CAA §105 should work with the EPA Regional Office to ensure that these requirements are fulfilled. These requirements provide assurance that funding is being used as intended by Congress. Eligibility for CAA §105 funding does not assure any particular level of funding, although Tribes who have established eligibility to CAA 105 grant support have a greater assurance of at least some level of ongoing support than do Tribes receiving funding under CAA Section 103 project grant.
Quality Assurance Project Plans
Many tribal programs undertake projects or programs, under the above grant support authorities, that involve the collection or creation of environmental data (an example is ambient monitoring). While there is some flexibility in the Regional Offices regarding how this requirement is implemented, in general, Tribes must have an approved quality assurance project plan (QAPP) to assure the quality of data being collected or created, prior to beginning the part of the project or program that involves data collection (40 C.F.R. §31.45). Grant funding for costs incurred to collect data without an EPA approved Quality Assurance Project Plan (QAPP) may be disallowed.
An EPA guidance document is available at and the Institute For Tribal Environmental Professionals and Northern Arizona University offers regular workshops for Tribes to learn how to develop these plans.
Air Quality Activities in Indian CountryThere are a variety of Clean Air Act topics that may be of interest to Tribes in considering what, if any, air quality activities they wish to pursue. Following are brief descriptions of some of these topics.
Emission Inventories
Mobile Sources and Emissions
Air Monitoring & Modeling
Agricultural and Forestry Burning/Smoke Management
Air Toxics
Citizen Complaint Response
Indoor Air
Radon and Radiation
Title V: Permitting of Major Sources under Part 71
Emission Inventories:
An emission inventory identifies air pollution sources located within a particular geographical area and the type and amount of pollution being emitted by each source to the atmosphere. This information is used to help identify the source of air quality problems in an area. It’s also used to assess potential air quality problems in an area. EPA maintains databases for collecting this information from state, local and tribal air agencies.
An initial step in assessing the nature of air quality on a reservation can consist of a more basic assessment, called a source inventory, which consists of collecting all available data about the numbers and types of potential air pollution sources on the reservation, through such activities as phone book searches and “windshield surveys” done by driving around the reservation and simply observing what activities are occurring that may emit air pollution.
Mobile Sources and Emissions:
Motor vehicles are a significant source of air pollution for all criteria pollutants. These include both on-road motor vehicles, as well as non-road motor vehicles. On-road motor vehicles include automobiles, light weight trucks, and heavy duty trucks, including diesel engine vehicles. Non-road vehicles include construction vehicles, farm/agriculture vehicles, railroad locomotives, and all-terrain vehicles.
There are a number of federal control programs that regulate emissions from mobile sources. The oldest program is the EPA program of federal emission standards for new motor vehicles. Motor vehicles inspection and maintenance (I&M) programs are required in carbon monoxide and/or ozone non-attainment areas. I&M programs are designed check whether cars are being maintained to keep pollution down.
Air Quality Monitoring
Air quality monitoring is often used to measure the amount of pollution in the air. Before determining whether air monitoring is needed, information about the area is evaluated. Key information includes emission inventories, climatological summaries, and local geographical characteristics. If an assessment of the area shows monitoring is needed, a monitoring site is selected based on the monitoring objective and desired spatial scale.
Since particulate matter (PM) is emitted by all combustion sources, PM monitoring is typically the initial type of monitoring conducted in most areas. EPA has set federal standards for both PM10 and PM2.5 microgram-sized particles because these small particles are capable of entering the lungs and causing respiratory health problems. Because PM sources are numerous and because of the associated health risks, PM10 and PM2.5 monitors are the most common monitors operated by Region 10 Tribes.
Initial PM monitoring can be conducted with “mini-vol” monitors that can identify “hot” spots where potentially high levels of PM pollution may be occurring. If PM concentrations are suspected of exceeding the PM standards, Federal Reference Method (FRM) monitors are used to determine if an area is in attainment or non-attainment for the standard. For some purposes a continuous (non-filter based) monitor is more useful, as it provide real time data that can, for example, be used in managing agricultural and forestry burn decisions. The need to monitor for other criteria pollutants (such as ozone, SO2, and NO2) is determined by a more comprehensive evaluation of sources impacting tribal lands
Air Quality Modeling
Air quality models are simulation tools that can be used to predict the air quality levels produced by pollution sources. These modeling tools are frequently used to assess future ambient impacts produced by a proposed pollution activity, analyze air quality benefits of different pollution control strategies, and locate areas where maximum air quality levels are likely to exist. For example, modeling is used to show that a control strategy selected as part of a State/Tribal Implementation Plan (SIP/TIP) revision will achieve air quality standards. Air quality modeling is also used to determine whether construction of a new facility will meet air quality standards. EPA has developed several models suitable for regulatory application. These air quality models are usually computerized and require high-powered systems for operation. All the regulatory air quality models and guidance intended for use by State, tribal, and local agencies have been made available through the SCRAM area on the EPA’s Technology Transfer Network (TTN) Bulletin Board System [www. epa.gov/ttn/scram] The role of the EPA Region 10 is to ensure consistency in the application of air quality models for regulatory purposes by routinely working with the States, tribal, and local agencies in the Region.
Agricultural and Forestry Burning Practices/Smoke Management:
A significant “area source” of pollution on some reservations is caused by human activities related to burning from either agricultural or forestry practices. EPA Region 10's goal is to ensure agricultural field burning does not endanger public health or welfare, and to prevent or minimize other environmental impacts from burning such as regional haze and nuisance smoke. We recognize that the states and Tribes play a key role in addressing agricultural and forestry burning. Our plan is to work in partnership with all interested and affected people and organizations to learn how this type of burning is currently managed and to help identify and address areas where improvements are needed.
Air Toxics:
Toxic air pollutants, also known as hazardous air pollutants (HAPs), are those pollutants that are known or suspected to cause cancer or other serious health effects such as reproductive effects, birth defects, or to cause adverse environmental effects. Most air toxics originate from human-made sources, including mobile sources (e.g., cars, trucks, buses) and stationary sources (e.g., factories, refineries, power plants), as well as indoor sources (e.g., some building materials and cleaning solvents). Some air toxics are also released from natural sources such as volcanic eruptions and forest fires. EPA is working to assess and reduce air toxics releases of 188 pollutants to the environment. See [http://www.epa.gov/ttn/atw/188polls.html] for the HAP list.
A Tribe that wishes to identify whether air toxics may be a particular health concern on its reservation would typically begin by conducting an emissions inventory of all sources of air pollution on the reservation. Based upon this identification of sources, the Tribe can then better evaluate whether HAPs are likely to be impacting the reservations communities.
Regional Haze:
Congress has made it a national goal to prevent any future and remedy any existing visibility impairment in the major National Parks and Wilderness Areas (mandatary Class I federal areas) across the country. EPA has promulgated requirements for states to develop and submit implementation plans that will achieve reasonable progress towards achieving natural visibility conditions. The federal rule has established 2064 as the date by which all mandatory Class I areas will achieve natural conditions.
States, Tribes, Federal Land Managers, and EPA Regions in the western United States are working together in the Western Regional Air Partnership to develop implementation plans to meet those requirements.
Citizen Complaints Response:
Complaints regarding air quality incidents on reservations are received and investigated by EPA Region 10, where possible in partnership with the Tribe. Inspections can be conducted to verify technical information and advice can be provided to assist with the resolution of air quality issues. When ongoing action is needed for resolution, compliance will normally be tracked.
Indoor Air Quality:
Although the Clean Air Act focuses on ambient air quality, the quality of indoor air is a major area of concern for many Tribes. Sources of indoor air pollution include oil, gas, kerosene, coal, wood, and tobacco products, and building materials and furnishing such as asbestos-containing insulation, damp carpets, household cleaning products, lead based paints, and radon. The EPA provides hotlines, publications, outreach, and other initiatives to improve the quality of air in our homes, schools, and offices. We offer in depth on-site training in several indoor air topics. For more information about the indoor air program, see EPA web site [www.epa.gov/iaq].
Radon and Radiation:
Radiation has been a natural part of the earth’s environment since its formation. Our mining and use of these naturally radioactive materials in medicine, power generation, consumer products, and industrial equipment inevitably results in emissions and wastes. Recognizing the hazard, Congress designated EPA as the primary federal agency for protecting people and the environment from harmful and avoidable (controllable) exposure to radiation. Tribes can conduct surveys to determine whether radon is an environmental concern on their reservation.
Title V: Permit Program For Sources Under Part 71:
Title V of the Clean Air Act requires each state to develop and submit to EPA an operating permit program under regulations promulgated by EPA at 40 CFR 70. Under regulations issued by EPA in July 1996, EPA issues Title V operating permits to facilities located on reservations and other areas of Indian Country unless a Tribe has applied for and received approval of its own Title V operating permit program. The Title V program requires major stationary sources of air pollution and certain other sources to obtain an operating permit that includes the emission limitations and other requirements that apply to the source and such other conditions as are necessary to assure compliance with the terms of the permit. The title V operating permits program is a vehicle for ensuring that existing air quality control requirements are appropriately applied to facility emission units in a single document and that compliance with these requirements is better assured.
For a brief overview of the operating permit program, refer to EPA’s Air Pollution Operating Permit Program Update located on the Internet at [http://www.epa.gov/oar/oaqps/permits.html]
New Source Review:
EPA’s New Source Review program requires all new major sources and existing sources with major modifications to obtain permits before commencing construction. The requirement applies whether the major source or major modification is planned for an area where the NAAQS are exceeded (nonattainment areas) or an area where air quality is meeting the NAAQS or is unknown (attainment and unclassifiable areas). Permits for sources in attainment and unclassifiable areas are referred to as prevention of significant air quality deterioration (PSD) permits. The review process for PSD includes the following:
Evaluation of Best Available Control Technology (BACT), which is based on the most stringent control available for a similar type of source; Installation of Best Available Control Technology (BACT)
Performance of an ambient air impact study
Performance of additional impact studies including visibility, soils, and vegetation.
Restrictions in nonattainment areas are more severe. The review process for NSR in nonattainment areas includes are:
Evaluation of Lowest Achievable Emission Rate (LAER) technology; LAER is derived from either of the following; (1) the most stringent emission limitation contained in the implementation plan of any State for such class or category of source; or (2) the most stringent emission limitation achieved in practice by such class or category of soruce.
Provision for “offsets” representing emission reductions that must be made from other sources. Emissions offsets are generally obtained from existing sources located in the vicinity of a proposed source and must (1) offset the emissions increase from the new source or modification and (2) provide a net air quality benefit.
For Further Information:
EPA Tribal Air Program Web Page
The Tribal Environmental and Natural Resource Handbook
Institute for Tribal Environmental Professionals, Northern Arizona University
Tribal Air Monitoring Support Center
Application Kit for Federal Assistance
Regulations applicable to CAA 103 and CAA 105 grants: 40 CFR Part 31 and Part 35:
Developing a Tribal Implementation Plan : Guidance Document, EPA, October 2002
Region 10 - Office of Air Quality Tribal Contact List
Program | Name | Email | Mail-stop |
| Tribal Air Program Lead | Mary Manous | manous.mary@epa.gov | OAQ-107 |
| Tribal Air Grants | Diana Boquist | boquist.diana@epa.gov | OAQ-107 |
Federal Air Rules for
Reservations | Debra Suzuki | suzuki.debra@epa.gov | OAQ-107 |
Citizen’s Air Quality
Complaints | Jay Hirama | hirama.jay@epa.gov | OAQ-107 |
| Indoor Air | Ann Wawrukiewicz | titus.susan@epa.gov | OAQ-107 |
| Air Toxics | Lisa McArthur | mcarthur.lisa@epa.gov | OAQ-107 |
| Smoke Management: Ag and Forestry | Scott Downey | body.steve@epa.gov | OAQ-107 |
| Emission Inventory Reports | Madonna Narvaez | narvaez.madonna@epa.gov | OAQ-107 |
| Criteria Pollutants/ Regional Haze | Steve Body | body.steve@epa.gov | OAQ-107 |
| Radiation/Radon | Vacant | zhen.davis@epa.gov | OAQ-107 |
| Quality Assurance Project Plans | Christopher Hall | hall.christopher@epa.gov | OEA-095 |
| Air Quality Monitoring | Keith Rose | rose.keith@epa.gov | OAQ-107 |
| Monitoring Data | William Puckett | puckett.william@epa.gov | OEQ-095 |
| Air Enforcement | Steven Potokar | potokar.steven@epa.gov | OAQ-107 |
| Mobile Sources and Emissions | Wayne Elson | elson.wayne@epa.gov | OAQ-107 |
| Title V Operating Permits | Doug Hardesty
Pat Nair | hardesty.doug@epa.gov
nair.pat@epa.gov | IOO
IOO |
| New Source Review | Dan Meyer | meyer.dan@epa.gov | OAQ-107 |