How can a Tribe demonstrate the capacity to be considered an “affected State” under Title V of the Clean Air Act?
The EPA Regional Offices will be making the eligibility determinations for Tribes that want to be considered “affected States” on a case-by-case basis. EPA Regional Offices will probably want more documentation on the capacity issue than the bare minimum. The minimum would be to describe the agency of the Tribe that would be responsible for receiving the notices. To demonstrate its ability to review permit applications and proposed Title V permits, tribes are encouraged to submit information describing previous management experience. Examples of previous management experience could include any of the following: • A program under the Indian Self-Determination and Education Assistance Act, the Indian Mineral Development Act, or the Indian Sanitation Facility Construction Activity Act; • A list of existing environmental or public health programs administered by the Tribe, plus a copy of related Tribal laws, policies, and regulations; • A description of the entity that exercises the execut
