Tribal Air Quality Programs

Joy Wiecks

Fond du Lac Air Quality Tech

CAAAC Meeting

January 12, 2011
History of Indian AQ Policy

 1984 EPA Indian Policy recognized the unique 

status of tribes.

 1990 CAA Amendments (Section 301(d)) 

established a tribal role in implementing the CAA.

 1998 Tribal Authority Rule established Treatment 

as a State for tribes.

 Nov. 26, 2000 EO 13175 “Consultation and 

Coordination with Indian Tribal Governments” 

established regular and meaningful consultation 

and coordination on federal policies with tribal 

implications.

 2010/2011 EPA Implementation Policy for EO 

13175 proposed. 
Tribal Authority Rule

Federal Register, Feb. 12, 1998

 Came out of the CAA Amendments of 1990.

 Identifies areas of the CAA where federally 

recognized tribes may be treated in the same 

manner as states.

 Defines eligibility requirements for tribes to 

participate in many CAA programs.

 Allows “severability” of CAA sections.

 EPA has authority where tribes choose not to 

implement their own programs.

 These authorities have resulted in increased 

funding for tribal air programs.
Advantages of the TAR

 The TAR highlights regulatory gaps in Indian 

Country.

 State Implementation Plans and state permits 

vacant in Indian Country due to lack of authority.

 Currently no minor source Currently no minor source permitting or non permitting or nonattainment major NSR permitting in Indian 

Country.

 Allows tribes to address upwind sources, which 

contribution to air pollution on-Reservation, but 

are not under the tribes’ control.
Treatment as an Affected State

 Applies to regulation of ”air resources within the 

exterior boundaries of the Reservation or other 

areas within the Tribe’s jurisdiction”.

 EPA grants approval on a case-by-case approach. 

Virtually all CAA programs are eligible.

 Eligible tribes must be federally recognized, must 

have an effective governing body, and must be 

capable of implementing the program for which 

they are applying.

 The tribe must also identify the exterior 

boundaries of the Reservation or demonstrate 

off-Reservation jurisdiction.
Tribal Air Programs Today

 Today there are 99 tribal air programs receiving 

support from EPA.

 There are 78 tribes performing monitoring with 

52 of them reporting to AQS.

 Twenty-two tribes are performing two tribes are performing toxics 

programs in their communities.

 Fifty-six tribes have completed Reservation 

emission inventories, with 13 more underway.

 Thirty-two TAS’s and 2 Tribal TIP’s have been 

approved.

 Tribes have visible involvement in some RPO’s.
What Tribes Do Under AQ Programs

 Monitor ambient air.

 Complete emission inventories.

 Review and comment on local 

permits and Environmental Impact 

Statements.

 Review proposed regulatory actions.

 Perform educational outreach.

 Serve on committees and 

workgroups.
Continued, Tribal AQ Programs

 Perform on-Reservation special studies.

 Expand authorities on-Reservation 

(permitting, TIPs, etc).

 Designate attainment/non Designate attainment/non-attainment attainment on 

Reservations.

 Do on-Reservation Indoor Air Quality 

work.

 Work on climate change adaptation plans.
Why Do Tribes Pursue 

Environmental Quality?

 Protect on- and off-Reservation 

resources for cultural, religious, and 

substance purposes.

 To build Self build Self-determination. determination.

 Expand authorities and build 

capacity.

 To supplement tribal economic 

development plans.
Fond du Lac Air Program

 FdL Reservation is 100,000 acres. 

Reservation is heavily wooded, with many 

wetlands. Has 108 water bodies, including 

843 acres of wild rice waters.

 Ceded Territories Ceded Territories covers another another 8 million 8 million 

acres.

 Local sources include: taconite (iron ore) 

mines; pulp and paper facilities; shipping 

and rail; natural gas and oil pipelines; 

EGU’s; refinery; traffic from major 

highway; unpaved roads.

FdL AQ Program

 We have two staff members, sharing 1.5 FTE.

 Monitoring Program: currently monitor mercury 

deposition and ozone. In the past, PM2.5, NADP, 

NOx, dioxin.

 Active in: permit review, EIS review, regulatory 

review, regional haze, greenhouse gas mitigation, 

mercury issues.

 Have experience in indoor air quality (lead, 

radon, mold, secondhand smoke, asthma 

triggers).

 Have completed an emission inventory.

Challenges Facing Tribal Air Programs

 Stagnant funding.

 Some tribes have jurisdictional 

and/or political issues with 

surrounding states.

 In rural areas it can be hard to 

attract/keep technically trained staff.

 Small staff trying to do everything.

 Training is available, but limited.
For More Information

 www.ntaatribalair.org

 www4.nau.edu/itep

 www.epa/gov/air/tribal/backgrnd.html

 www.epa.gov/indian/

 www.epa/gov/aieo/