Chapter 6 Page 99

Chapter 6 TIP Adoption &

Submission

After your tribe has developed your Tribal Implementation

Plan (TIP), your tribe needs to have it adopted by your

tribal government and approved by the Environmental

Protection Agency (EPA). There are several steps your

tribe needs to follow to adopt your TIP and submit it to

EPA for approval, including public notice, public hearings,

and formal adoption. This chapter will help guide your

tribe through the public outreach process and the

requirements for public notification and hearings. It also

presents information on how your tribal government must

formally adopt your TIP and what happens once your TIP is

submitted to EPA.

Adopting Your

TIP

What is public outreach and

how does your tribe prepare

an outreach strategy?

Public outreach involves communication with all affected

parties about the development of your TIP. The CAA

requires that your tribe provide reasonable notice and

conduct public hearings prior to adopting your TIP. These
Chapter 6 Page 100

The Oneida Creek on the

Reservation of the Oneida

Tribe of Indians of

Wisconsin. The Tribe is in

the process of building its air

program, beginning with an

emissions inventory.

(Photo courtesy of the Oneida

Tribe of Indians of

Wisconsin.)

requirements are discussed later in this Chapter. In

addition to these minimum requirements, it may also be

useful to conduct other public outreach efforts even earlier

in the TIP development process. Such outreach is not

required; however, it is likely to benefit both your tribe and

potentially affected parties. Affected parties (including, for

example, residents within the exterior boundaries of your

reservation and in adjacent counties, business owners and

operators, and air quality managers in adjacent

jurisdictions) are likely to be more helpful if they have been

included in the entire process. They may have ideas,

viewpoints, or concerns to contribute that your tribe may

not have considered otherwise. Your early outreach may

also enhance their ability to contribute to the TIP

development process.

The first step in organizing your outreach strategy is to

identify the main issues and how your tribe will address

them. One way to accomplish this task is to hold a

brainstorming session with your staff and/or other

individuals who may be able to provide ideas or guidance. 

In the It All Adds Up to Cleaner Air initiative, EPA used

the set of questions found in Table 6-1 to begin their

brainstorming on ways to effectively communicate with the

public. These questions may help your tribe begin thinking

about your TIP outreach strategy. The examples have been

altered to reflect a TIP development scenario. 
Chapter 6 Page 101

Table 6-1. Brainstorming Questions for Developing a TIP Outreach Strategy

Questions Possible Answers

What is the issue your tribe wants

to address?

» Unacceptable air pollution in the community

» Nonattainment status for a criteria air pollutant

» Permitting new major sources of emissions

» Fill regulatory gaps

What is the overall goal? » Explain the current or potential air quality

problem and your approach to resolving it

What are the desired outcomes? » Widespread support for TIP

Which groups are most affected by

the issue?

» General public, driving public, people with

respiratory disorders, the elderly, children

» Health professionals

» Tribal government and agencies

» Federal, state, and local government agencies

(e.g., the Bureau of Indian Affairs)

» Business owners/employees

What can your tribe do? » Meet with people

» Conduct media outreach

» Hold public hearings

» Make the proposed TIP and supporting

information readily available

Does your organization have the

capacity to address the issue and

affect change?

» Determine any barriers to adopting the TIP, e.g.,

tribal council members, tribal laws and customs,

jurisdiction disputes, resources

» Assess current resources, e.g., staffing, funding,

information, time

What strategy will your tribe use? » Develop a plan, including all program tasks, a

timetable, staffing and budge issues, evaluation

methods, and partnerships
Chapter 6 Page 102

What kind of information

can your tribe provide to

interested parties to enhance

their ability to participate in

the TIP development

process?

In general, so that any interested person may be informed

about the air quality on the reservation, the need to develop

a TIP, and the procedures that will be used to manage air

quality, EPA suggests that your tribe provide the following

support information, as appropriate:

» Ambient monitoring data with comparisons to the

National Ambient Air Quality Standards (NAAQS),

if available

» Air quality trends and forecasts (this is especially

important if new sources of emissions plan to begin

operating on the reservation)

» Emission limits and regulations needed to attain

and/or maintain the NAAQS

» A demonstration that the proposed regulations will

resolve the air quality problem

» Documentation that the emission limits and

regulations will require the use of Reasonably

Available Control Measures, including reasonably

available control technology, on sources in

nonattainment areas (if applicable)

» Procedures that will be followed to enforce

regulations

» Budgets for the air quality program and/or the tribal

environmental agency

Whom should you try to

reach with the outreach

strategy?

Many people will be interested in your TIP because it may

affect their business costs, jobs, and air quality. You might

want to meet with tribal leaders and/or other tribal

members, individually or as a group, to present the TIP

before presenting the TIP to other interested parties. Others

who may wish to participate and have their views heard

include owners and operators of businesses that emit air

pollutants, their employees, residents, and environmental

groups. Additional groups that may be interested in your

TIP include:

» Community, civic, neighborhood, and public health

groups

» Homeowner and resident organizations

» Media/Press

» Spiritual communities
Chapter 6 Page 103

Means of communicating

to the public about your

proposed TIP include:

» Speeches

» Presentations

» Newspaper articles

» Editorials

» Brochures

» Meetings

» Letters to the editor

» Public service

announcements

Additionally, if your reservation borders Mexico or Canada,

your tribe may need to consider informing foreign

governments about your TIP, especially if your tribe is 

considering adopting a Prevention of Significant

Deterioration, or PSD, program. The EPA tribal air

coordinator for your region can provide your tribe with

guidance about whom to inform and which interest groups

and businesses your tribe should try to reach (see Appendix

A).

How can your tribe

effectively communicate

with all interested parties?

The tribal air program training manual developed by

Northern Arizona University describes five steps to

effectively communicate with the public.1

» Problem/Issue Analysis: Examine your problem or

issue and determine your goals; for example, educating

the community about the air quality situation so that

they can contribute to identifying air quality goals.

» Audience: Determine who your audience is and its

characteristics

» Medium Determination: Determine what media or

channels of communication your tribe will use to reach

your audience

» Message Development: Select the appropriate

message for each communication method 

» Evaluation: Devise a method of evaluating whether or

not your campaign was successful; for example, your

tribe can count the number of people who attend

educational meetings about air quality and their

reactions to your suggested air quality goals

The communication methods your tribe can use range from

speeches and presentations, to newspaper articles,

editorials, the internet, brochures, and community meetings. 

Your tribe can write news releases and public service

announcements which newspapers and radios will often run

for free. Letters to the editor are another good way to gain

exposure. Your tribe can also use these forums to update

the public on the status of TIP development and any
Chapter 6 Page 104

The Quarry Lake on the

Reservation of the Oneida

Tribe of Indians of Wisconsin. 

(Photo courtesy of the Oneida

Tribe of Indians of

Wisconsin.)

changes that may occur. For example, a weekly or monthly

column in a local newspaper or newsletter would enable

many people to stay up-to-date on air quality issues while

your tribe is developing the TIP. Check with area

newspapers or radio stations before submitting any press

release or public service announcement as there may be

guidelines on how to prepare them.

When preparing documents or statements to reach

stakeholders, use clear, concise language; explain

complicated scientific terms; and use acronyms sparingly. 

It is also helpful to discuss the various impacts that may

arise from implementing a TIP. 

When communicating with local citizens groups, it may be

helpful to relate air quality issues to the more familiar

issues of water quality, natural resource quality, and even

quality of life. Referencing these more familiar issues can

help people understand that air quality is an important part

of everyday life. Your tribe may need to give speeches or

presentations to different groups of stakeholders and choose

to alter your presentation to suit their interests. For

example, tribal members may want to know more about the

importance of good air quality for long-term human health,

the health of farm crops and natural vegetation, and the

tribe’s culture, while representatives from business and

industry may want more technical explanations of proposed

emissions reductions.

What are the minimum

requirements for notice and

public hearings?

Public notice allows interested parties to review your plan

and offer comments at a meeting to be held later in the

process. Your tribe must make the TIP available for public

review by having it accessible in public locations on and off

the reservation, and provide information about how, when,

and where the public can access it in a prominent

advertisement in a general circulation newspaper. This

advertisement can also provide information about the

public hearing(s) for the TIP. Notice should be provided at

least 30 days prior to the date of the hearing.

Public hearings are required so that all those that are

affected by the proposed law have an opportunity to review
Chapter 6 Page 105

Ocumulgee National

Monument, GA

The National Monument

preserves a continuous

records of human life in the

Southeast from the earliest

times to the present. From

Ice-Age hungers to the

Muscogee (Creek) people of

historic times, there is

evidence here of 12,000 years

of human habitation.

(Photo courtesy of the

National Park Service)

the plan and make comments. The CAA requires that

public hearings are held before an implementation plan is

sent in for EPA’s approval.2

 There are certain requirements

for holding public hearings. These requirements are

outlined in 40 CFR Part 51.102(d) and are as follows:

» Notice should be given to the public by prominent

advertisement in the area affected announcing the

date(s), time(s), and place(s) of such hearing(s);

» The proposed plan should be available for public

inspection in at least one location in each region to

which it will apply;

» The EPA Administrator should be notified (through the

appropriate Regional Office);

» Notification should be provided to each local air

pollution control agency which will be significantly

impacted by such plan, schedule, or revision;

» In the case of an interstate region, notification should be

given to any other states included, in whole or in part,

in the regions which are significantly impacted by such

plan or schedule or revision.

A tribe may request approval from EPA to utilize

procedures different from those listed above, however such

alternative procedures would have to ensure public

participation in matters for which hearings are required and

provide adequate public notification of the opportunity to

participate.3

 In addition to the above requirements, there

are suggestions on how to make the process run more

smoothly. These suggestions are listed below.

» Consider holding a hearing in the evening to

accommodate those people that cannot attend a daytime

hearing. 

» Include in the notice how the public can obtain a copy

of the TIP. Make the plan available on and off your

reservation.
Chapter 6 Page 106

» Try not to make changes to the TIP between the time of

advertising and the hearing, if possible. If significant

changes are made to the TIP during this time, the TIP

may need to be “re-proposed” to the public through

additional advertising.

» In the notice for the hearing, explain the air quality

goals to be achieved and how the TIP will help to meet

those goals.

» Allow everyone to speak during the hearing, if possible. 

If there is a large number of people interested in

speaking, your tribe may want to have time limits on

comments to ensure there is time to hear from everyone.

» Make the hearing transcripts available to the public. 

These transcripts need to include a list of speakers and

their remarks.

After the public hearing, your tribe should prepare a

summary of the public’s comments and your responses,

showing how they may have influenced the final version of

the TIP.

Are there other

consultation requirements?

Under Section 121 of the CAA, consultation with certain

governmental entities (e.g., Federal land managers) may be

necessary before you adopt your TIP. You should consult

with your EPA regional contact to determine whether or not

such consultation will be required.

How does your tribal

government formally adopt

the TIP?

After the consultation process, public notice period, public

hearings, and any revisions resulting from public comment,

the tribal government can adopt the TIP. The tribal

government must adopt the TIP in the tribal code or body

of regulations. Your tribe’s laws and constitution may

include procedural requirements that you will also need to

follow in conducting and completing the adoption of the

TIP.
Chapter 6 Page 107

Submitting Your

TIP to EPA for

Approval

What needs to be submitted

to EPA along with the TIP?

Once your tribe has adopted the TIP, it should be submitted

to EPA for approval. Appendix H, TIP Enforceability

Checklist, provides criteria that can be used to determine if

your regulations are clearly written before your TIP is

submitted. Appendix K, TIP Completeness Checklist,

provides an example of one Region’s criteria for deeming a

TIP submission complete. 

The EPA has specified in the Code of Federal Regulations

(40 CFR 51, Appendix V), the information that must be

submitted with your TIP in order for it to be deemed a

complete submission.4 The list is broken down into

administrative requirements, technical requirements, and

exceptions to the requirements. 

The administrative requirements are:

» A formal letter from your tribe’s Chair/President/Chief

to EPA requesting approval of the plan

» Evidence that the TIP was adopted into tribal code

» Evidence of your tribe’s legal authority to adopt and

implement the TIP

» Evidence that your tribe is eligible to implement the

TIP, including evidence that your tribe has adequate

personnel and funding

» A copy of the tribal air code and the date the TIP is

effective and enforceable

» Certification that public hearings were held

» A copy of the public comments and your tribe’s

response
Chapter 6 Page 108

A major stationary source

located on the Fort Hall

Reservation on a winter day. 

A portion of the reservation

was designated

nonattainment for the PM10

NAAQS in 1990. The

Shoshone-Bannock Tribes

and the EPA worked together

to address pollution from the

source (see Chapter 1).

(Photo courtesy of ShoshoneBannock Tribes.)

The technical requirements include, as applicable:

» A list of regulated pollutants affected by the plan

» Locations of affected sources and the air quality

designation of their locations (i.e., attainment,

unclassifiable, nonattainment)

» Projected estimates of changes in current actual

emissions from affected sources

» Modeling information (i.e., input and output data,

justification of models used, data and assumptions

used)

» Evidence that the plan contains emission limitations,

work practice standards, and record-keeping/reporting

requirements

Since the Tribal Authority Rule (TAR) allows tribes to

adopt severable TIP elements and build a TIP in a modular

fashion, it may not be necessary to meet every requirement

listed. Consult with EPA’s tribal air coordinator in your

region before submitting your TIP to determine which

requirements will apply to your submission (see Appendix

A).

In addition to the documents listed above, your tribe may

also need to provide additional supporting materials. 

Examples of these materials include air quality data

summaries, current and projected emissions inventories,

and dispersion modeling analyses. Any documents that

support your use of certain control technologies, inventory

development, and other air quality documents should be

submitted along with your TIP.

If your tribe has not already requested and received

approval for “treatment as a state” for purposes of adopting

a TIP, then this request should also be submitted with your

TIP (see Chapter 1 for a more detailed discussion regarding

this submission). Please note that the statutory timeframes

discussed in the next Section regarding completeness
Chapter 6 Page 109

determinations and TIP approval would not apply unless

your tribe has received approval for “treatment as a state”

for purposes of those provisions.

What does EPA do after

your tribe has submitted

your TIP?

After your tribe has submitted the TIP to your regional

EPA office, they will review it for completeness within 6-

months. If your TIP submission is incomplete, EPA will

return it for revision. Your tribe can resubmit the TIP when

appropriate changes have been made. If EPA does not

make a completeness or incompleteness finding within 6

months from the date the TIP was received, the TIP

submission will automatically be deemed complete.

Partial approval/partial disapproval of your TIP may occur

if some sections of your TIP are approvable but other

sections are not approvable. Plans may also be approved

conditionally if it is necessary for the tribal government to

make certain revisions to the TIP before the TIP can be

fully approved by EPA. If your TIP is partially or

conditionally approved, your tribe will need to revise it and

resubmit it to EPA for approval. If EPA finds that the TIP

meets the requirements of the CAA, the Agency will

approve it. If a tribe’s reservation boundary or other areas

under the tribe’s jurisdiction are under dispute, EPA may

approve the plan for the undisputed areas and request more

information to resolve the conflict. Within 12 months of a

TIP being deemed complete, EPA must approve or

disapprove the TIP.

The EPA will notify your tribe prior to making any final

decision to fully or partially approve or disapprove your

TIP. EPA must take public comment on its intention to

approve or disapprove your TIP in the Federal Register.

Revising Your

Approved TIP

Why would your TIP need

revising once it has been

approved?

If the NAAQS change or if EPA revises regulations

pertaining to a program that a tribe has adopted, the tribe

may have to revise its regulations and submit those

regulations as TIP revisions.
Chapter 6 Page 110

1. For more information on communicating with the public and other topics relating to air

program development, see Developing a Tribal Air Program, Training Manual (April

1999) by the Institute for Tribal Environmental Professionals, Northern Arizona

University, and US EPA Region 6.

2. The requirements for public participation are established in the CAA section 110 and

codified in 40 CFR 51.102.

3. Requirements for public hearings can be found in 40 CFR 51.102. Under 40 CFR

51.102(g) a Tribe may request alternative procedures.

4. 40 CFR 51, Appendix V identifies the criteria for determining the completeness of an

implementation plan submission. Only a submission that is found or deemed complete

triggers the requirement for EPA to decide whether to approve or disapprove the TIP. 

In addition, if tribal laws change or if your tribe finds that

your TIP is not as effective as it could be in certain areas,

your tribe may wish to revise it. For example, if a source

has altered its production methods it may require a different

emission limit. Your tribe may also wish to change the air

quality designation of your reservation and this would also

require a revision in your TIP.

When the TIP needs to be revised, the same procedures

must be followed as with the original TIP, and EPA applies

the same completeness criteria when reviewing it for

approval.4

Conclusion A TIP is a flexible tool your tribe can use to address its air

quality goals. Your tribe can choose to develop and

implement only those TIP elements - maintenance plans,

attainment plans, preconstruction permitting program, and

regional haze plans - it considers important for addressing

air quality problems due to criteria pollutants. If your tribe

chooses to adopt a TIP, your regional EPA tribal air

coordinator and the references provided in this document

can help your tribe develop one.

Endnotes