Chapter 1 Page 1

Chapter 1 Introduction

What is the purpose of this

document?

A Tribal Implementation Plan (TIP) is a set of regulatory

programs your tribe can develop and adopt to help attain

and/or maintain national air quality standards for six

common air pollutants: carbon monoxide, nitrogen

dioxide, sulfur dioxide, lead, particulate matter, and ozone. 

A TIP may be one part of a broader tribal air quality

management program that may also include programs to

enforce federal limitations on other pollutants, monitor air

quality, inventory emissions, issue stationary source

operating permits, and address indoor air pollution.

This document is intended to help tribal environmental staff

assess the need for a TIP, explain the different program

elements that a TIP may consist of, and contains

Environmental Protection Agency’s (EPA) suggestion on

how to develop a TIP if a tribe chooses to do so. It also

includes some preliminary interpretations of the statutory

and regulatory requirements related to TIP preparation,

adoption, submittal and approval. The discussion in this

document is intended solely as guidance. While EPA has

made every effort to ensure the accuracy of the discussion
 Chapter 1 Page 2

The Magnificent Cheyenne

River Valley. The Cheyenne

River Valley is home to the

Cheyenne River Sioux Tribe,

in North Central South

Dakota.

(Photo courtesy of Cheyenne

River Sioux Tribe.)

in this guidance, requirements related to TIPs are

determined by statue and regulations (see Chapter 2,

“Implementation Plan Basics”). In the event of a conflict

between the discussion in this document and any statue or

regulation, this document would not be controlling. 

Your Tribe and other interested parties are free to raise

questions and objections about the substance of this

guidance document and the appropriateness of any of these

recommendations or interpretations in this guidance to a

particular situation. EPA will consider whether or not the

recommendations or interpretations in this guidance

document are appropriate in any given situation. Any

decision to apply a particular recommendation or

interpretation will be made based on the applicable

statutory and regulatory requirements. Accordingly, this

document does not impose legally-binding requirements on

EPA, Indian tribes, or any other party.

This document is a living document and may be revised

periodically without public notice. EPA welcomes public

comments on this document at any time and will consider

these comments in any future revision of this document. 

While the primary audience is tribal environmental staff,

this document can also serve to explain the federal air

program to interested Tribal Councils and Leaders. The

chapters are organized as follows: 

» Chapter 1 provides background information on the

Clean Air Act and National Ambient Air Quality

Standards, explains how a TIP protects these standards

and relates to the rest of your tribe’s1

 air quality

management program, and lists some of the benefits of

developing a TIP. 

» Chapter 2, Characteristics of TIPs, describes the unique

qualities of TIPs and introduces the potential elements

of a TIP. 

» Chapter 3, Goal Setting & Data Gathering, explains the

national air quality designations; provides suggestions

on what should be considered in setting up your air

quality goals for your TIP; and presents two methods of
 Chapter 1 Page 3

data gathering that can provide useful information to

your tribe: emissions inventories and air quality

monitoring. 

» Chapter 4, Potential TIP Elements, provides

information on the regulations and programs that can be

included in a TIP: maintenance and attainment

strategies, preconstruction permitting programs, and

regional haze plans. 

» Chapter 5, Compliance and Enforcement, has

information on how regulated sources can measure and

report emissions to demonstrate compliance, and how

to develop an enforcement program. 

» Chapter 6, TIP Adoption and Submission, presents

information on conducting public outreach, adopting

your TIP, submitting your TIP to EPA for approval, and

revising your TIP.

In addition to the resources presented throughout this

document, there are appendices that provide national and

regional EPA contact information (Appendix A), resources

on all aspects of TIP development (Appendix B), and

education and training resources (Appendix C). An

acronym list and glossary are also provided.

The Clean Air Act

What is the Clean Air Act? The Clean Air Act (CAA) was originally passed in 1970

and was the subject of substantial amendment, most

recently in 1990.2 The CAA: requires EPA to set national

air quality standards for certain pollutants; requires EPA to

develop programs to address specific air quality problems;

establishes EPA’s enforcement authority; and provides for

air quality research. For most CAA programs, EPA

establishes federal guidelines and gives the state or tribe

regulatory authority flexibility in how it implements the

programs. The CAA, as amended in 1990, now consists of

the nine separate Titles listed in Table 1-1. A “plain

English” guide to the CAA is available at

www.epa.gov/oar/oaqps/peg_caa/pegcaain.html. 
 Chapter 1 Page 4

National air quality standards ensure that all Americans

have the same basic health and environmental protections. 

The CAA allows individual states and tribes to have air

pollution standards that are stronger than the national

standards, but they are not allowed to have weaker

standards. Congress recognizes in the CAA that it is

sensible for states and tribes to take the lead in carrying out

the CAA because air quality problems are best addressed by

those who hold a special understanding of local industries,

geography, housing patterns, and other local circumstances.

Table 1-1. Organization of the Clean Air Act Amendments

Title I National Ambient Air Quality Standards

Title II Mobile Sources

Title III Hazardous Air Pollutants

Title IV Acid Deposition (also known as Acid Rain)

Title V Stationary Source Operating Permits

Title VI Stratospheric Ozone & Global Climate

Protection

Title VII Provisions Regarding Enforcement

Title VIII Miscellaneous Provisions

Title IX Clean Air Research

Implementation Plans, and thus the bulk of this document,

focus on the National Ambient Air Quality Standards. 

However, there are guidance documents and assistance

available if your tribe is interested in implementing other

CAA programs. Resources include:

» EPA’s Office of Air Transportation and Quality for

information on mobile sources of air pollution

(www.epa.gov/otaq/) 

» EPA’s United Air Toxics website for information on

hazardous air pollutants (www.epa.gov/ttn/uatw/) 
 Chapter 1 Page 5

» EPA’s Operating Permits Program website for

information on Title V Major Stationary Source

Operating Permits (www.epa.gov/oar/oaqps/permits/) 

» EPA’s Office of Air and Radiation’s website

(www.epa.gov/oar/) or your regional EPA office

(Appendix A) for information on other air quality

programs 

» EPA’s Office of Air and Radiation’s website for Tribes

(www.epa.gov/air/tribal)

What are the National

Ambient Air Quality

Standards?

The EPA established National Ambient Air Quality

Standards (NAAQS) for six common air pollutants

(“ambient” air is air to which the general public has access,

as opposed to air within a facility or at a smokestack). 

There are NAAQS (pronounced “knacks”) for carbon

monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide

(SO2), lead (Pb), particulate matter (PM), and ozone (O3).3

Ozone is formed when ozone precursors [such as NO2 and

volatile organic compounds (VOC)] change into ozone in

the atmosphere in the presence of sunlight; areas that do not

comply with the ozone NAAQS regulate NOX and VOC.

The NAAQS are based on comprehensive studies of

available ambient air monitoring data, health effects data,

and material effects studies. These studies are published in

documents called Air Quality Criteria Documents, and

these six pollutants are often referred to as “criteria”

pollutants. The criteria pollutants can injure health, harm

the environment, and cause property damage. Information

about these pollutants, their health and environmental

effects, and common sources that emit them, is provided in

Appendix D. 

Most pollutants regulated by the NAAQS have two limits. 

One limit (the “primary” standard) protects everyone -

including children, people with asthma, and the elderly -

from health risks. The other limit (the “secondary”

standard) prevents unacceptable effects on the public

welfare, e.g., unacceptable damage to crops and vegetation,

buildings and property, and ecosystems. Table 1-2 presents

the NAAQS standards.
 Chapter 1 Page 6

Table 1-2 National Ambient Air Quality Standards (NAAQS) a

Pollutant Averaging Time b μg/m3 c ppm d Primary or

Secondary

Carbon Monoxide

(CO) 

8-hour 10,000 9.0 P

1-hour 40,000 35.0 P

Nitrogen Dioxide

(NO2) annual 100 0.053 P & S

Sulfur Dioxide (SO2)

annual 80 0.03 P

24-hour 365 0.14 P

3-hour 1,300 0.50 S

Ozone (O3) 

8-hour 235 0.08 P & S

1-hour 157 0.12 P & S

Lead (Pb) quarterly 1.5 n/a P & S

Particulate Matter

(PM10)

e

annual 50 n/a P & S

24-hour 150 n/a P & S

Particulate Matter

(PM2.5)

f

annual 15 n/a P & S

24-hour 65 n/a P & S

a

 The NAAQS is an allowable level of a specific pollutant found in the ambient air. b

 The time period over which emissions are averaged for purposes of determining attainment. c

 μg/m3 = micrograms per cubic meter of air d

 ppm = parts per million

e

 PM10 is particulate matter with an aerodynamic diameter less than or equal to 10 micrometers. f

 PM2.5 is particulate matter with an aerodynamic diameter less than or equal to 2.5 micrometers.
 Chapter 1 Page 7

Each NAAQS corresponds to a specific averaging time, and

some pollutants have standards for more than one averaging

time. The averaging time is the time period over which air

pollutant concentrations are averaged for the purpose of

determining attainment with the NAAQS. Air pollutants

can be measured in either micrograms per cubic meter of

air (Fg/m3) or in parts per million (ppm). 

A geographic area that meets or does better than the

primary standard is called an attainment area; areas that

do not meet the standards, or that contribute pollution to

nearby areas that do not meet the standards, are called

nonattainment areas. An area may be designated

attainment for some pollutants and nonattainment for

others. 

Tribal Air

Programs and

TIPs

Under what authority can

Indian tribes adopt Clean

Air Act programs?

The CAA, as amended in 1990, authorizes EPA “to treat

Indian tribes in the same manner as states” under the CAA

and instructed EPA to promulgate regulations to identify

the CAA provisions for which it is appropriate to treat

tribes in the same manner as states.4 Accordingly, EPA

issued the Tribal Authority Rule (TAR).5 Under the TAR,

Indian tribes can be treated in the same manner as states for

CAA provisions related to implementation plans except for

certain provisions identified in 40 C.F.R. §49.4. However,

there are some §49.4 exceptions relevant to TIPs (for

example, tribes are not required to comply with CAA

Implementation Plan submittal deadlines) which are

discussed throughout this document.

The EPA expects and hopes that many Tribes will wish to

develop and implement their own CAA programs. 

However, Tribes are not required to adopt and implement

all CAA programs, or, any CAA program at all.

The TAR also outlines the eligibility criteria tribes must

meet in order to be treated in the same manner as a state,
 Chapter 1 Page 8

and defines the process by which EPA will approve tribal

CAA programs. 

The CAA allows tribes to obtain the authority to run CAA

programs for the regulation of “air resources within the

exterior boundaries of the reservation or other areas within

the tribe’s jurisdiction” [CAA Section 301(d)(2)(B)]. 

Tribes have authority over all air resources within the

exterior boundaries of their reservation (including nonIndian owned fee lands). For off-reservation areas, tribes

must demonstrate the basis for jurisdiction. For the

purpose of simplicity in this document, the word

“reservation” will refer to all land within the exterior

boundaries of the reservation and off-reservation areas

determined to be under a tribe’s jurisdiction.

How does EPA determine

whether an Indian tribe is

eligible under the CAA to be

treated in the same manner

as a state?

In order to be treated in the same manner as a state under

the provisions of the CAA, tribes must demonstrate that

they meet certain eligibility criteria. The TAR outlines the

eligibility criteria tribes must meet.

" Request for

Determination of

Eligibility

The TAR requires EPA to determine that a tribe is eligible

to implement CAA programs (i.e., eligible for “treatment in

the same manner as a state” for purposes of the CAA).8

Tribes can apply for eligibility determinations at the same

time they submit their TIP for approval or as a prior,

separate action. You should consider the range of CAA

provisions relevant to your request for eligibility and

discuss with your EPA Regional contact which provisions

you may want to include in your request (e.g., all provisions

or only specifically identified provisions). To become

eligible, your tribe must:

» Demonstrate federal recognition6

» Demonstrate that it has a governing body carrying out

substantial governmental duties and powers. This can

be demonstrated by submitting a descriptive statement

that your tribe is currently carrying out substantial

governmental duties and powers over a defined area. 

This statement should:
 Chapter 1 Page 9

Tribal Headquarters of the

Nez Perce tribe, located in

Lapwai, Idaho. The Nez

Perce Reservation is

approximately 761,000 acres

and contains three Title V

sources.

(Photo courtesy of Nez Perce

Tribe.)

> Describe the form of the tribal government

> Describe the types of government functions

currently performed by the tribal governing body,

such as the exercise of police powers affecting or

relating to the health, safety, and welfare of the

affected population; taxation; and exercise of the

power of eminent domain

> Identify the source of the tribal government’s

authority to carry out the governmental functions

currently being performed

» Demonstrate that the functions your tribe is applying to

carry out pertain to the management and protection of

air resources within the exterior boundaries of your

reservation (or other areas within the tribe’s

jurisdiction). This should be demonstrated with a

descriptive statement of the tribe’s authority to regulate

air quality. For applications covering areas within the

exterior boundaries of the reservation the statement

must identify with clarity and precision the exterior

boundaries of the reservation including, for example, a

map and a legal description of the area. For tribal

applications covering areas outside the boundaries of a

reservation the statement should include:

> A map or legal description of the area over which

the application asserts authority

> A statement by the tribe’s legal counsel (or

equivalent official) that describes the basis for the

tribe’s assertion of authority (including the nature or

subject matter of the asserted regulatory authority)

which may include a copy of documents such as

tribal constitutions, by-laws, charters, executive

orders, codes, ordinances, and/or resolutions that

support the tribe’s assertion of authority.7

» Demonstrate that the tribe is reasonably capable of

performing the functions your tribe is applying to carry

out in a manner consistent with the terms and purposes

of the CAA and all applicable regulations. This should
 Chapter 1 Page 10

be done with a narrative statement describing your

tribe’s capability to administer effectively the programs

for which it is seeking approval. For example, if your

tribe is applying for a General Assistance Program

(GAP) grant, your tribe has probably employed

someone to write the grant proposal and carry out the

work your tribe has proposed to do with that funding. 

A description of these people’s job descriptions could

be included in the narrative statement. As the TAR

preamble points out, some tribes may not want to go

through the expense of developing a CAA program

without first being assured that they satisfy the

“treatment as state” eligibility criteria. The TAR allows

for that approach. Specifically, the TAR allows a tribe

that does not already have substantial experience in

managing an environmental program to potentially

satisfy the capability requirement by submitting a plan

for how it will acquire necessary management and

technical skills. The EPA Regional Office can provide

information on what else should be included.

If your tribe has previously received authorization to

implement a CAA program or any other EPA-administered

program, your tribe may satisfy the eligibility requirements

by referencing the prior program authorization in your

application and providing required information which has

not been submitted in the previous application. For

example, you may have to submit additional information to

demonstrate your tribe’s capability to administer the

program you are seeking approval to carry out. It is

generally expected that a program-by-program inquiry into

the question of capability will be necessary since a Tribe

may have capability to carry out certain activities but not

others.

What is air quality

management?

Air quality management refers to all the activities a

regulatory authority undertakes to safeguard the air

resources for which it is responsible. For your tribe, these

activities may include:

» Evaluating existing air quality

» Setting air quality goals
 Chapter 1 Page 11

Set Air Quality Goals

Implement Control Strategies

ySurveillance and 

Enforcement

Evaluate Air Quality

yEmissions Inventory Data

yAmbient Air Monitoring Data

Determine Necessary 

Emissions Reductions

yModeling

Choose Control Strategies

ySome strategies may be 

included in a TIP

Figure 1-1. Flow diagram of the air quality management process.

» Determining the emissions reductions necessary to

reach these goals

» Choosing control strategies to use to obtain those

reductions

» Implementing those strategies

» Re-evaluating air quality and assessing results

 (see Figure 1-1)

These steps can be used to address any air quality issue of

importance to your tribe, such as indoor air pollution, acid

deposition, or regional haze. However, only those

strategies that address criteria pollutants would be part of

your tribe’s TIP. 

How does a tribe start

managing air quality?

Your tribe may be new to air quality management, or may

already have an air quality management program in effect. 

In either case, knowledge of existing air quality in the

vicinity of the reservation can help the tribe set air quality

goals. You can use emissions inventories and ambient air
 Chapter 1 Page 12

The National Ambient Air

Quality Standards

(NAAQS) for CO, NO2,

SO2, Pb, PM, and O3 are

minimum air quality

goals established by EPA

under the CAA. 

quality monitoring systems, discussed in Chapter 3, to

evaluate existing air quality and identify sources of

emissions on your reservation. The data you collect will

help determine which pollutants, if any, the tribe should be

concerned about. 

Once the tribe knows the types of sources and pollutants

affecting the area over which you may seek to run a TIP, a

tribe may want to do some research. Different types of

sources tend to emit different pollutants, and different

pollutants have different effects on health, the environment,

and property. For example, NOX is a prime precursor to

ozone, which may be harming public health on your

reservation; NOX often comes from large industrial

furnaces. On the other hand, PM affects health and

contributes to limiting the visibility of distant vistas; it is

often generated by fossil fuel combustion, open burning,

construction activities, and vehicles on unpaved roads. The

goals the tribe sets and the strategies chosen will vary,

depending on the pollutants and sources selected. 

Appendix D provides information on the environmental

effects, health effects, and common sources of the criteria

pollutants.

The data the tribe collects is just one factor a tribe can use

to set air quality goals and priorities. The tribe may also

want to consider tribal values, public health and

environmental problems related to air quality, plans for

economic development, and other issues of tribal concern. 

The NAAQS for CO, NO2, SO2, Pb, PM, and O3 are

minimum air quality goals established by EPA under the

CAA. Depending on the existing air quality on your

reservation and the other factors mentioned above, the tribe

may want to set air quality goals more strict than the

NAAQS and/or set goals to address other pollutants. There 

is more information on setting air quality goals in

Chapter 3.

Once a tribe establishes its air quality goals, the tribe will

need to determine the emissions reductions necessary to

reach those goals. The tribe may use data collected through

monitoring and an emissions inventory to model the effect

of different changes in emissions. Chapter 4 presents a
 Chapter 1 Page 13

methodology a tribe can use to determine the emission

reductions needed if air quality exceeds the NAAQS. After

establishing air quality goals and determining the necessary

emission reductions, the tribe will need to decide which

control strategies to use to obtain these emission reductions. 

To accomplish these reductions, you could decide to

develop rules or form a cooperative agreement with the

EPA. The control strategies your tribe chooses will depend

on the types of pollutants your tribe is trying to reduce and

the sources of those pollutants. Control strategies are

discussed in more detail in Chapter 4. 

Once your tribe begins implementing your control

strategies, your tribe will need to ensure compliance. 

Ensuring compliance involves inspecting facilities and

taking enforcement actions such as assessing penalties, if

necessary. Chapter 5 presents information on compliance

and enforcement.

After implementing your control strategies, your tribe

should continue to monitor air quality to determine how

successful the strategies are. Depending on the results you

find, your tribe may decide to leave your program as it is, or

your tribe may choose to revise your goals, targeted

emission reductions, and/or control strategies. 

There are many air quality issues a tribal air program can

address, such as an operating permit program or hazardous

air pollutants. The issues your program chooses to address

will depend on local air quality, the sources of pollutants,

and the particular air quality concerns and air quality goals

of your tribe (see Figure 1-2).8

What is a TIP and how does

it fit into a tribal air

program?

The CAA requires the NAAQS to be met everywhere, and

the primary purpose of an implementation plan (whether it

is developed by a state, a tribe, or EPA), is to ensure that

the NAAQS are attained and maintained. A TIP may be

one part of your tribe’s air program. A TIP is a tribe’s plan 

for improving its ambient air quality (if it is in violation of

the NAAQS), for maintaining or improving its air quality

(if it is already cleaner than the NAAQS), and/or meeting

regional haze program goals. Although not required to do
 Chapter 1 Page 14

Environmental 

Effects 

of Criteria 

Pollutants

You can 

address these 

issues in a TIP

Increased repiratory illness, such as 

asthma, bronchitis, and emphysema

Irritation of the eyes, nose, and throat

Cardiovascular problems 

Headaches, dizziness, nausea, and 

neurological problems

Regional haze

Damage to vegetation, 

painted surfaces, etc.

Health Effects 

of Criteria 

Pollutants

Hazardous 

Air Pollutants

Operating 

Permit 

Program

You can 

address these 

issues through 

other Tribal Air 

Program efforts

Other Issues 

of Local 

Concern

Figure 1-2. Potential Tribal Air Program Issues

so, your tribe may choose to develop a TIP. 

A TIP can include:

» A strategy to maintain or improve current air quality if

it is better than the NAAQS

» A strategy to attain the NAAQS if air quality violates

the NAAQS

» A preconstruction permitting program for new and

modified major sources

» A preconstruction permitting program for minor sources

» A plan to attain regional haze goals

A TIP cannot include: 

» Hazardous Air Pollutants (HAPs) (Title III)9

» Acid rain programs (Title IV)
 Chapter 1 Page 15

» Operating permit programs (Title V)

» Stratospheric ozone protection programs (Title VI)

» Rules to control non-criteria pollutants

» Nuisance rules

» Odor rules

» Worker exposure rules

A TIP can be designed to respond to your tribe’s particular

air quality goals and values, and can be changed over time

to reflect the changing air quality concerns of your tribe. 

The potential elements in a TIP are discussed in detail in

Chapter 4. 

What are the benefits of

developing a TIP?

There are several benefits of developing a TIP: 

» A TIP can impact the natural environment and quality

of life in the area over which it applies. A tribe that

develops a TIP can play a more active role in managing

tribal air resources and protecting the community’s

health.

» A TIP can impact a tribe’s culture. By developing a

TIP, a tribe can use its goals, values, beliefs, and

priorities to create air quality regulations and permitting

programs for facilities in its approved TIP area.

» A TIP enables a tribe to regulate emissions sources

within the exterior boundaries of its reservation and

other areas within the tribe’s jurisdiction.

» A TIP can impact the course of economic development

in that area by helping the tribe fill the regulatory gap. 

This provides a stable regulatory environment which, in

turn, encourages economic development for prospective

sources of air pollution (i.e., new industrial facilities,

manufacturing centers, resource extraction operations,

and other new or expanding businesses that release air

pollutant emissions). Since state regulations don’t

apply to Indian Country and EPA has not adopted

federal regulations, a TIP also helps a tribe fill this

regulatory gap under the CAA. Once a TIP is approved

by EPA, its provisions become federally enforceable.
 Chapter 1 Page 16

How does a tribe build the

capability to develop a TIP?

Nationally, EPA supports a number of initiatives designed

to help tribes develop air program capability, or capacity. 

For example, courses on various air pollution topics are

provided through the American Indian Air Quality Training 

Program at Northern Arizona University. These courses are

highly recommended if your tribe is interested in

developing a tribal air program and are available on the

ITEP website (www.cet.nau.edu/itep/).

Your EPA Regional Office provides information, technical

assistance and financial resources to tribes developing

environmental and air quality programs. One important

source of financial assistance comes from the Indian

Environmental General Assistance Program (GAP) Act,

which authorizes EPA to award GAP grants. GAP funds

are allocated to the EPA Regions by the EPA American

Indian Environmental Office (AIEO) and are intended to

help tribes build environmental program capability,

generally. GAP grants may be used for planning,

developing, and establishing environmental protection

programs, which can include hiring staff and monitoring if

necessary to plan, develop, or establish an environmental

program. GAP grants cannot fund monitoring or

assessments in support of implementation programs.10

Many tribes have begun air program development activities

through GAP grants. GAP does not require tribal matching

funds. 

The CAA also authorizes EPA to award grants to support

tribal air program activities. CAA grant funds are allocated

to the EPA Regional Offices by the Office of Air and

Radiation (OAR) and are intended to support tribes in all

phases of air program development. Under CAA Section

103 project grants, tribes can hire and train staff to conduct

research and monitoring, assess tribal air issues, monitor air

quality, and plan future monitoring or regulatory

development. Section 103 does not require tribal matching

funds. CAA Section 105 program grants are designed to

support established air pollution control agencies. Section

105 grants are for developing and implementing air

pollution control programs. Tribes are encouraged to

contact their EPA Regional Office for more information on

these grant programs. 
 Chapter 1 Page 17

What if your tribe chooses

not to develop a TIP?

The EPA has a responsibility under the CAA and as part of

its trust responsibility to ensure that public health and the

environment are protected. The EPA also has the

responsibility to work with tribal governments in a

government-to-government relationship. In cases where a

tribe does not have an approved TIP, EPA will promulgate,

without unreasonable delay, such Federal Implementation

Plan provisions as are necessary or appropriate to protect

air quality.11 EPA encourages tribes to provide assistance

in the development of such provisions.

EPA has acted pursuant to this authority in several

instances. For example, an area near Pocatello, Idaho, that

included a portion of the Fort Hall Reservation, was

designated as nonattainment for the PM10 NAAQS in

1990.12 In 1996, the Shoshone-Bannock Tribes began

monitoring PM10 concentrations on the Fort Hall

reservation and determined that a large industrial facility

located on the reservation was continuing to contribute to

violations of the PM10 NAAQS. The Tribes also

determined that non-point sources on the reservation, such

as open burning, unpaved roads, and agricultural activities,

were contributing to the violations. 

The Shoshone-Bannock Tribes believed that EPA would be

better equipped to develop, implement, and enforce rules

that would reduce emissions from the industrial facility

because EPA had been working with the facility for several

years. 

Therefore, the Shoshone-Bannock Tribes asked EPA to

draft a FIP for the facility, and worked with EPA to gather

information on the industrial processes and emissions

contributing to nonattainment in the area. It was also

necessary to identify the reasonably available control

measures for the processes, considering available

technologies and their annualized costs. The EPA

established emission limits for the facility, achievable with 

reasonably available control measures, in 2000.13 In a

separate action, EPA also proposed regulations for nonpoint sources in Indian country in the northwestern United
 Chapter 1 Page 18

1. The term “your tribe” does not assume environmental staff are necessarily tribal

members.

2. For more information on the CAA, see The Plain English Guide to the Clean Air Act at

http://www.epa.gov/oar/oaqps/peg_caa/pegcaain.html.

3. The NAAQS are published in 40 CFR 50. For more information, see the Office of Air

Quality Planning and Standards’ NAAQS information page (www.epa.gov/airs/criteria.

html) and criteria pollutant page (www.epa.gov/oar/aqtrnd97/brochure/sixprin.html). 

Information on NAAQS standards can be found at www.epa.gov/ttn/oarpg/t1main.html.

4. Section 301(d) of the CAA as amended in 1990 authorizes EPA to treat tribes in the same

manner as states under the CAA.

5. The Tribal Authority Rule (TAR) was issued on February 12, 1998 (63 Federal Register

7254). The regulatory provisions of the TAR are codified at 40 CFR Part 49 (1999). See

www.epa.gov/oar/tribal/airprogs/authrule/ for more information.

6. Demonstrating federal recognition can be done by demonstrating that your tribe in on the

list of federally recognized tribes published by the Secretary of the Interior, available at

www.doi.gov/bia/tribes/entry.html and in the Federal Register, March 13, 2000, vol. 65,

number 49.

States that would apply to sources on the Fort Hall

Reservation.14

Conclusion The CAA requires NAAQS to be established for six

common pollutants that are known to be harmful to human

health, the environment, and property. A TIP is the

mechanism a tribe can use to establish regulations to attain

and/or maintain the NAAQS in the approved TIP area. 

Whether to adopt a TIP is a choice the tribe should consider

in the context of its overall air program goals. If your tribe

does not adopt a TIP, EPA will promulgate FIP provisions

as are necessary or appropriate to protect air quality. The

remainder of this document provides more information on

how to set air quality goals, how to evaluate the air quality,

what can be included in a TIP, and how to develop a TIP. 

Endnotes
 Chapter 1 Page 19

7. Information about a request by an Indian tribe for eligibility determination and Clean Air

Act program approval can be found at 40 CFR Part 49.7.

8. For more information on air program development, see Developing a Tribal Air Program,

Training Manual (April 1999) prepared by the Institute for Tribal Environmental

Professionals, Northern Arizona University, and US EPA Region 6.

9. If necessary to implement a NAAQS program, a TIP could include HAPs (e.g., if there is

a nexus with VOC or PM).

10. Detailed descriptions of the purpose of GAP and eligible activities can be found in the

March 9, 2000 document Indian Environmental General Assistance Program: Guidelines

of the Award and Management of General Assistance Agreements for Indian Tribes. This

document is available on-line at http://www.epa.gov/indian/pdfs/gap2000.pdf

11. More information about Federal Implementation Plan provisions can be found in 40 CFR

49.11(a).

12. See Chapter 3 for more information on attainment and nonattainment designations.

13. For more information on these emission limits, see 40 CFR. 49.10701-10730, 65 FR 

51412, August 23, 2000.

14. Reference Region X example regulations for Indian Country.
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