1 Christopher Lee ITEP TAMS Co-Director

2 Environmental Protection: Tribal Perspective – Navajo Nation Inherent Sovereign Authority: Primary Consideration Navajo Nation Code Dine’ Fundamental Law - Cultural Perspective Codified Navajo Nation Environmental Protection Act Navajo Nation Air Pollution Prevention and Control Act – Navajo Nation CAA Navajo Nation Operating Permit Regulations

3 Federal Law Provide mechanism to support tribal rules – Federal enforceability Tribal Authority Rule (TAR) – Flexibility Treatment As State (TAS) – Eligibility Determination for specific provisions of the Clean Air Act

4 Navajo Nation: Tribe developed rules based on tribal need Matched Tribal laws to applicable federal provisions Identify federal enforceability Identify whether TAS was necessary Example: Navajo Nation Pt 71 Delegation – Used Tribal Fee Rule in combination with Federal Pt 71 Rules to collect Title V operating permit fees. Navajo has own Operating Permit Regulations Coordination/Interplay between the legal authorities

5 Tribal Authority and SIPs Within reservation boundaries – Tribal Authority and/or Federal Authority Outside reservation boundaries – State /Local Agency Authority and/or Federal Authority Require notification to states, local agencies and tribes TAS for Notification Purposes - 505A of Clean Air Act