# 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 permitting or non
Currently no minor source permitting or non attainment 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 toxics

two tribes are performing 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
-attainment on Designate attainment/non attainment 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
-determination. build Self 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 covers another 8 million Ceded Territories another 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/