tion in its grants program in 1995, providing grants to about 20 tribes. In 2002, 121 tribes received air program grants (C. Darrel Harmon, EPA, personal commun., Feb. 19, 2003). The tribal share of EPA-administered state and tribal assistance grants (STAG) for air has been flat at about $11 million since 1999, while tribal interest in developing air programs has increased. Tribes seeking first-time grants are being turned away in Regions 9 and 10.a Additional support for tribal environmental programs is available through EPA’s multimedia Indian environmental general assistance program (GAP) for which $63 million was included in the agency’s 2004 budget request. However, GAP funding is used primarily for environmental infrastructure development, capacity building, education, and outreach and cannot be used to operate environmental management programs.
In addition to direct grants to tribes, STAG funding supports the Institute for Tribal Environmental Professionals (ITEP) at Northern Arizona University. This organization offers about 20 technical workshops each year for tribal environmental staff on monitoring and permitting, and other air quality management (AQM) topics and also serves as a forum for interaction and information exchange between tribes and with EPA. In partnership with ITEP, EPA also supports the Tribal Air Monitoring Support Center at the EPA Radiation and Indoor Environments Laboratory to provide air monitoring training and technical support to the tribes.
Until a tribe assumes control of its own air pollution programs, the responsibility and authority to regulate air pollution sources on tribal lands falls to EPA. States have no environmental regulatory jurisdiction on tribal lands. EPA administers a Title V operating permits program for major stationary sources on tribal lands along with a prevention of significant deterioration (PSD) preconstruction permit program for new major sources or source modifications in attainment areas. A new-source review (NSR) program under which individual permits can be issued for major sources in tribal lands within nonattainment areas and for minor sources in attainment areas does not exist. EPA is required to develop case-by-case federal implementation plans (FIPs) where these plans must go through the full and lengthy Federal Register rule-making process for each applicable facility. In addition, sources in tribal areas may be competitively disadvantaged by the lack of synthetic minor permitting programs that allow sources to be classified on the basis of actual rather than potential emissions.b
The National Tribal Environmental Council (NTEC) estimates that 80 Indian reservations are located within or partly within nonattainment areas for the 1-hr average ozone (O3) standard and that the number is likely to be higher with the 8-hr standard. Some tribes have expressed concern about pending designations of nonattainment areas for O3, because EPA guidance presumes that designations will be made based on metropolitan statistical area (MSA) or consolidated metropolitan statistical area (CMSA) boundaries (NTEC 2002). These default designations ignore the jurisdictional boundaries between tribes and states. EPA will consider recommendations from tribes that their lands be excluded from nonattainment areas, but the exemptions require detailed analysis that may tax tribal resources. In particular, air quality data for tribal lands are often lacking. Tribes are concerned that they will face the burdens of nonattainment designation, including offset requirements, even though they have historically borne little responsibility for air quality problems (or derived little economic benefit from the air pollu-