1. Tribal Authority Rule (TAR) Overview
Darrel Harmon
U.S. EPA Office of air and radiation

2. TAR Development CAA Section 301(d): Implementation Authority
1990 CAA Amendments
Authorized to treat tribes as states
May provide grant and contract assistance
Administrator will directly administer such provisions
Promulgated as final rule February 1998

3. Tribal Jurisdiction Within exterior boundaries of reservation
Other areas where tribes can demonstrate jurisdiction

4. Modular Approach Ensures flexibility Tribes and EPA develop approaches
Elements to be
Reasonably severable
Consistent with legal requirements

5. Eligibility Requirements
Four eligibility requirements
Federally recognized tribe
Governing body with substantial governing duties and powers
Statement of the tribe’s authority to regulate air quality
Capability to carry out program
These are the TAS eligibility requirements

6. TAS
The process used to determine a tribe’s eligibility to receive CAA delegation of authority
Authorized in TAR
Four eligibility requirements
Two parts for air programs:
Administrative and programmatic

7. Administrative TAS Eligibility for CAA elements
105, 505, other administrative elements
Any severable element
Low hurdle for eligibility
does not require a “separate program”
Same process for programmatic TAS to this point (this is step one of that process)
Get eligibility, then prepare programmatic demonstration

8. Programmatic TAS Part 2 of TAS process
May or may not require prior eligibility
Both steps may be done concurrently
Used for implementation of a program
49.9(h): a tribal application containing a CAA program will be reviewed by EPA in accordance with applicable statutory and regulatory criteria in a manner similar to the way EPA would review a similar state submittal.
Tribes have been approved for CAA §106, 107 and 110
Administrative delegations of §105, 505(a)(2)
Navajo Nation has delegation of Part 71 (Title V)
Eligibility and Implementation
Typically done through a TIP

9. TAS Review 40 CFR 49.9 details EPA review
Within 30 days of completeness finding
Notice and comment to appropriate governmental entities on jurisdiction
IG’s Office reviewed program
Found EPA was taking too long
Developed a checklist to expedite review

10. TAS Funding TAS is not an assurance of ongoing funding
40 CFR specifies that applications may not be disapproved, existing awards may not be terminated without prior notice and opportunity for a public hearing
Lack of funding is not disapproval or termination

11. Connection to a TIP TAS/TAR is for authorization/authority
TIP is CAA implementation
TAS is the first step towards a TIP
TIPs rely on CAA authority
Delegated to tribes
Request TAS for Title 1 (CAA 110, 173)