Tribal Authority Rule (TAR) Overview

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

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 35.578 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)