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Tribal Authority Under the Clean Air Act

How is it Working?

by Jana B. Milford ยท 2014

ISBN:  Unavailable

Category: Unavailable

Page count: Unavailable

In managing their air resources, Native American tribes face two sets of challenges: Regulating pollution sources within their jurisdiction and addressing transboundary air pollution from upwind jurisdictions. The 1990 Clean Air Act amendments and the Environmental Protection Agency's implementing regulations establish a legal framework for federally enforceable tribal regulation of sources within reservation boundaries, including sources on non-Indian-owned fee land. However, most tribes lack the resources needed to develop comprehensive air programs. EPA currently administers permits for most major sources in Indian Country, while hundreds of minor sources go unregulated. Transboundary air pollution threatens health and welfare and may simultaneously constrain economic development on many reservations. While states are increasingly trying to resolve transboundary problems through regional planning organizations, few tribes have the staff and resources required to actively participate in them.