SEPA
June 2002
An Evaluation of
OAR's Tribal Air
Program
Ferial Report
Promoting Environmental Results
Through Evaluation
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AN EVALUATION OF OAR's TRIBAL AIR PROGRAM
Prepared For:
The Office of Air and Radiation
June 2002
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TABLE OF CONTENTS
(actual page numbers may vary due to formatting and font selections)
EXECUTIVE SUMMARY ES-1
INTRODUCTION 1
Summary of Evaluation 3
Evaluation Approach 4
Structure of the Report 5
PROVIDING THE TOOLS 7
Resources 7
Findings 10
Recommendations 15
Technical Assistance 16
Findings 17
Recommendations 18
Guidance and Related Tools 19
Findings 20
Recommendations 22
BUILDING TRIBAL CAPACITY 23
Factors Impacting Tribal Capacity 23
Findings 23
Recommendations 25
EVIDENCE OF TRIBAL CAPACITY 27
Findings 27
Addressing Significant Air Quality Issues 30
Findings 30
Recommendations 33
LESSONS LEARNED 34
CONCLUSION 34
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EXECUTIVE SUMMARY
In the 1990 Clean Air Act (CAA) Amendments, Congress provided Indian Tribes with the
authority to implement CAA programs on their reservations. The Amendments state that Indian
Tribes and the Environmental Protection Agency (EPA) have authority over all air pollution within
reservation boundaries. Since the 1990 Amendments, EPA's air program has provided increased
resources to assist Tribes, and a number of Tribes have in turn developed the capacity to carry out
CAA programs. In the early 1990's, EPA's Office of Air and Radiation combined efforts that had
been ongoing since the late 1970's into a more formal Tribal Program to help Tribes manage air
quality on lands within their jurisdiction. The Tribal Program was tasked with providing technical
and financial assistance to Tribes to help them address CAA requirements on their lands.
With over 100 Tribes currently receiving grants to develop air programs, OAR determined
that it was an appropriate time to conduct an evaluation of the Tribal Program. The purpose of the
evaluation was to identify how well the Program is using its resources to build Tribal capacity,
address air quality issues on Tribal lands, and provide the tools to reach these goals. OAR assembled
an evaluation team ('the team') with contract support from Industrial Economics, Incorporated (IEc),
and Ross and Associates.
To conduct the evaluation, the team first developed an Activities Flow Chart that identifies
the main stakeholders associated with Tribal air programs and their primary responsibilities and
activities. The flow chart also identifies key program objectives, which form the basis of our
evaluation. To determine whether the Tribal Program was fulfilling its obj ectives, the team reviewed
information on Tribal Program activities and achievements, developed an interview guide, and
conducted interviews with key program stakeholders. Specifically, for the evaluation we interviewed
24 Tribal air managers, 19 EPA Regional staff, seven EPA Headquarters staff, and six non-
governmental organizations involved with Tribal air issues.
FINDINGS AND RECOMMENDATIONS
The evaluation report includes results from our interviews and information collection,
captured as key findings and recommendations for three main subject areas: providing the tools,
building Tribal capacity, and evidence of Tribal capacity.
Providing the Tools
As part of its Federal trust responsibility and under the specifications of the Clean Air Act
and the Tribal Authority Rule, EPA provides Tribes with tools necessary to build their capacity to
develop their own air programs. Specifically, EPA distributes grant funding to Tribes that can be
used to perform activities associated with the development of air programs, including installing air
monitors, conducting emissions inventories, and developing regulations for on-site sources. In
addition, EPA is responsible for providing training and guidance to Tribal environmental
professionals to enable them to develop and manage air programs.
Findings
ES-1
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• The process and criteria for awarding air grants to Tribes varies considerably from Region
to Region. Some Regions have developed formal grant criteria to determine awards, but most
have not generated specific criteria for allocation.
• Tribes benefit significantly from technical training held by the Institute of Tribal
Environmental Professionals (ITEP) and the Tribal Air Monitoring Support Center (TAMS),
and request coverage of additional topics (e.g., grant and resource management).
Recommendations
• EPA could continue its efforts to develop national criteria for grant allocation from Regions
to Tribes, which would help ensure that grants are being allocated in an equitable and
efficient way. To account for the unique air issues faced by Tribes in each Region, EPA
could develop these criteria as a framework that could be adapted for each Region.
• EPA could provide technical courses in a variety of Regions to provide access to a broader
range of Tribes. Specifically, ITEP, TAMS, or the Air Pollution Training Institute could help
bring training more directly to Tribes.
Building Tribal Capacity
The resources, tools, and assistance that EPA provides help Tribal communities to develop
the capacity to initiate and manage their own air programs, with the ultimate goal of improving air
quality on reservations. In addition to EPA assistance, Tribal representatives gain air quality
experience through their participation in Tribal, state, or national air quality organizations, and their
interactions with other knowledgeable Tribal environmental professionals. Furthermore, strong
communication between Tribes and other governmental counterparts at the state, regional, or
national level is crucial to the development of Tribal air programs, as environmental managers and
technical staff are able to share ideas and tools regarding the development and implementation of
air programs.
Findings
• Tribal air professionals rely upon other air programs as models and experienced staff at other
Tribes for information on technical and policy air issues. However, because issues vary from
Tribe to Tribe, models and tools developed by one Tribe may not always be applicable to
other Tribes.
• Engaging Tribal and EPA leadership in air quality issues is critical to capacity-building.
Tribal air program staff indicate that air quality is not always perceived as a high-priority
issue by governmental and business leaders in the Tribal community; because of their reliance
on fishing as a primary form of subsistence, water quality issues are generally the primary
environmental concern.
ES-2
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Recommendations
• EPA or a Tribal organization could develop, update regularly, and disseminate a current list
of Tribal Air Managers to allow for better communication. This list could be used for
intertribal networking and for EPA to communicate new information, activities, or policies.
• OAR and Regional coordinators could work with Tribal air managers to convene
environmental management workshops for Tribal leaders to increase the level of interest in
air quality issues on Tribal lands.
Evidence of Tribal Capacity
In order to measure the effectiveness of EPA's efforts towards building Tribal capacity, the
evaluation team compiled information from representatives of several Tribal air programs on their
efforts and activities. Since the team did not have the resources to survey all Tribes on their current
air program activities, our indicators of Tribal capacity represent illustrative examples rather than
a comprehensive analysis.
Findings
• There is a significant amount of variety among and within EPA Regions regarding the level
of activity at Tribes. For example, some Tribes are developing Tribal Implementation Plans
(TIPs), while others are conducting fish consumption surveys to assess mercury deposition
effects.
• Tribes have made significant progress towards building program capacity and assessing air
quality on reservations. Specifically, there are 117 Tribes with CAA Section 103 or 105
grants, and over 150 air monitors on Tribal lands.
• It is difficult to evaluate the efficiency or effectiveness of the Tribal air grant programs as
there are few milestones and limited information with which the Regions can track how
Tribes use grant dollars.
• Tribes see the need for increased communication with Regional staff to help identify and
address problems and to share information on a range of issues. However, limited resources
restrict the ability of Regional staff to significantly increase interaction with the Tribes.
Recommendations
• EPA could work with Regions and Tribes to develop clear objectives and performance
measures with which to evaluate program effectiveness. In order to effectively evaluate the
capacity of Tribes, EPA could develop some key goals - tailored to Tribal needs - that they
hope to achieve through the distribution of grants and tools.
ES-3
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• EPA could directly involve Tribes in decision-making, rulemaking efforts, and guidance
documents that affect their air programs.
• EPA could more effectively disseminate Tribal success stories to share lessons learned with
and provide a potential roadmap to other Tribes.
LESSONS LEARNED AND CONCLUSIONS
In addition to the findings and recommendations provided in the report, as part of our
evaluation the team developed a set of lessons learned for OAR to consider as it looks to improve
implementation of the air program. As part of the lessons learned the team suggests that EPA
consider more directly involving Tribes in decision-making, collecting more detailed information
on how Regions are allocating grant resources to Tribes for air programs, tracking more closely
how Tribes are using resources, and augmenting Agency efforts to support Tribes through direct
training, outreach, and communication. Finally, a conclusions section summarizes the key
achievements (e.g., initiating a number of air programs on Tribal lands) and shortcomings (e.g.,
EPA's infrequent visits to Tribal lands due to resource limitations) of the program and provides
suggestions for future activities.
ES-4
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INTRODUCTION
The Clean Air Act (CAA) of 1970 did not address the role of Tribes in implementing the
air program, nor did it explicitly define EPA's role on Tribal lands. Generally, although Tribes
recognized pollution problems, they had insufficient resources to implement their own air
pollution programs and were concentrating on other priority problems, including serious public
health, education, social, and economic challenges. At the same time, EPA was challenged with
limited funds to establish the basic framework of the CAA regulatory program and assist states
in establishing their programs to meet CAA requirements. Tribal programs received little
attention from EPA in the early critical years of the program. Following the development of the
Prevention of Significant Deterioration regulation in the mid 1970's, several tribes started small
air programs to monitor large neighboring sources on an ongoing basis. In many other cases,
States stepped in and worked with sources on Tribal lands (mostly without authority) to
implement the CAA, or worked informally with Tribes on air pollution issues. However, for most
Tribes, air quality programs were nonexistent in the late 20th century.
Through the 1980s, awareness of the need to address Tribal environmental conditions grew
markedly for a variety of reasons. First, Tribes were generally asserting sovereignty and specific
jurisdiction over all governmental functions in Indian Country. This included environmental
programs, most notably at that time water quality programs (which directly affected the health
of fisheries on which some Tribes relied for their livelihood and, in some cases, as subsistence
sources of protein). Second, there was growing concern about specific air pollution problems
affecting certain Tribes (for example, in the Four Corners area). Finally, the federal legal rule
was becoming more and more clear: EPA had a trust responsibility to carry out environmental
programs on Tribal lands as reflected in EPA's first Indian Policy, signed in 1984 by
Administrator William D. Ruckelshaus.
At the time, many Tribes were developing the capacity to establish and implement their own
environmental programs and even more Tribes had aspirations to do so. This was an important
goal for many Tribes in order to reinforce their sovereignty, to exercise local control, and to
provide opportunities for employment and advancement on reservations. Tribes had become
sophisticated about working together to use the courts to establish their rights and to lobby
Congress for increased clarity about the statutory role of Tribes as well as their eligibility for
grants similar to the grants States had long received to assist in establishing environmental and
other federally authorized programs.
In this atmosphere, in the 1990 Clean Air Act Amendments, Congress provided for tribal
authority to implement CAA programs on their reservations. The Amendments state that EPA
may treat tribes as states for the purposes of the Act (under specific conditions), provide funding,
and develop regulations to specify which provisions of the act apply. This action recognized the
inherent sovereignty of Tribes, and also recognized the federal trust responsibility to protect the
rights of Tribes to continue to exist as self-governing communities.
In light of the short time that has elapsed since the 1990 Amendments, there has been
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remarkable progress by Tribes in developing capacity to carry out the CAA program and by
EPA's air program in establishing a basic program for enabling Tribes to advance their efforts.
To assess this progress, OAR opted to undertake an evaluation of the program. This evaluation
provides a number of observations about the Tribal air program and makes suggestions about how
EPA can improve its endeavors. However, it is important to acknowledge the progress made to
date in difficult circumstances. This report's findings and recommendations are intended to build
on those accomplishments, some of which are highlighted in the remainder of this Introduction
(the summary and approach of the evaluation are described below).
In 1995, EPA established a Tribal Air Program (Tribal Program) in its Office of Air and
Radiation (OAR) to help increase the capacity of Indian Tribes to manage air quality on lands
within their jurisdiction. Specifically,. As a result of Tribal Program,
As OAR increased its efforts to work with tribes, the Tribal Program was tasked with
providing technical and financial assistance to Tribes to help them address CAA requirements
on their lands. Nine Tribes received EPA grants to operate air programs between the late 1970's
and 1995, mostly to monitor air quality on their reservations. An additional 19 Tribes received
grants in 1996, and 20 more procured funding in 1997. The Tribes used these grants to hire
technical staff to start the air programs, evaluate existing air quality on the reservations (e.g., by
conducting emissions inventories), provide outreach and education on air issues to tribal leaders
and community members, and assess whether monitoring stations were necessary on their
reservations. In general, between 1995 and 1998 OAR conducted outreach efforts to Tribes on
air issues and provided startup funds for Tribes to begin developing their air programs.
In February 1998 EPA promulgated the Tribal Authority Rule (TAR). As required by the
1990 Clean Air Act (CAA) Amendments, the TAR specifies those provisions of the CAA for
which a tribe may be treated in the same manner as a state (a necessary step because the CAA
was designed for state implementation). Under the TAR, tribes have the discretion whether to
develop CAA programs and the flexibility to choose which programs or elements of a program
they will adopt. The TAR clarifies that, where necessary or appropriate to protect air quality,
EPA must develop CAA regulations for sources in Indian country should a Tribe choose not to.
The TAR also defines the process for EPA approval of tribal CAA programs.
Among the various CAA components that a Tribe can include in an overall air program is
a Tribal Implementation Plan (TIP). A TIP is developed to ensure that the National Ambient Air
Quality Standards (NAAQS) are not exceeded,1 and represents the Tribe's plan for improving its
ambient air quality when it is worse than NAAQS, or to ensure that concentrations of criteria
pollutants do not increase significantly. EPA reviews TIPs to ensure that all of its planning
elements are approvable under the CAA, and that the TIP contains control measures or strategies
that adequately address the air pollution of concern in the area being regulated. Once the TIP is
approved by EPA, the provisions of the implementation plan become Federally enforceable in
xThe NAAQS include "criteria pollutants," which are carbon monoxide, particulate
matter (PM), sulfur dioxide, lead, and nitrogen dioxide.
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addition to being enforceable by the Tribe. EPA develops a Federal Implementation Plan (FIP)
if a tribe has not developed a TIP and there is a potential violation of the CAA on the reservation.
Four Tribes - the Mohegan, Mashuntucket-Pequot, St. Regis Mohawk, and Gila River - are
working towards adopting TIPs, and another ten tribes have asked for and received program
approvals to implement parts of the CAA.
While some Tribes have developed or are in the process of initiating TIPs, most Tribes
currently have air programs on a smaller scale . Specifically, these Tribes aim to address
problems associated with hazardous air pollutants, indoor air quality, acid rain, mobile sources
(e.g., diesel emissions from school buses), radiation, or other issues of local concern. Non-
regulatory activities include developing education and outreach on various issues. These Tribes
are also working to understand their airsheds, complete initial emission inventories, attend
training offered at the Institute for Tribal Environmental Professionals (ITEP), and become
involved in local, regional, and national issues relating to air quality and Tribes. In addition,
Tribes are involved in voluntary programs with EPA, especially as they relate to indoor air (e.g.,
building codes, activities to reduce indoor air exposures).
EPA works with and provides assistance and grants to Tribes that are developing large air
programs - i.e., putting together TIPs - as well as Tribes that are developing smaller air programs
- e.g., addressing impacts of mercury deposition on Tribal waterways and fishing. In this report,
"Tribal air programs" refers to larger scale programs that have developed TIPs as well as smaller
air programs that are, for example, conducting emissions inventories or initiating monitoring
efforts.
Summary of Evaluation
During the past several months, OAR and its consultants Industrial Economics,
Incorporated (IEc), and Ross and Associates have conducted an evaluation of OAR's Tribal Air
Program. The Office of Planning, Analysis, and Accountability (OPAA), and the Office of
Policy, Economics, and Innovation (OPEI) provided funding support for the evaluation. The
purpose of the Tribal Program evaluation is to assess how effectively the program is using its
resources to achieve its key objectives:
Build Tribal program capacity;
Address significant air quality problems on Tribal lands; and
Provide the tools necessary to achieve those ends.
Through this evaluation, OAR aims to review lessons learned to date about the Tribal
Program, such as whether the Agency is providing effective technical and financial support to
Tribes that are developing air programs, and intends to use the evaluation to inform program
management decisions and enhance future program effectiveness. Since OAR does not expect
a significant increase in funding or staff for the Tribal Program over the next few years, the
recommendations proposed in this report assume that resources for tribal air programs will remain
fairly constant. If any of the recommendations that require additional resources are implemented
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by OAR (e.g., additional training), this might entail trade-offs between program components.
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Evaluation Approach
To initiate the Tribal Program evaluation, we developed an Activities Flow Chart that
delineates the main stakeholders associated with tribal air programs and their primary
responsibilities and activities (see Exhibit 1). As the exhibit indicates, OAR is responsible for
overall coordination and oversight of the Tribal Program. The flow chart also shows the roles
of the other primary stakeholders and the key program objectives, including building Tribal
capacity, providing the necessary regulatory and technical tools, and addressing significant air
risks on tribal lands. As noted above, these objectives form the basis for our evaluation and
therefore significantly influenced our approach to this evaluation. Specifically, we determined
that the most effective way to determine whether the Tribal Program was fulfilling its objectives
was to collect relevant information on Tribal air programs and interview the stakeholders
responsible for organizing Tribal Program as well as the Tribes that are developing and
implementing air programs on their reservations.
After developing the activities flow chart, we developed a list of interviewees to gather a
cross-section of experiences and perspectives in Tribal air programs, including approximately 25
air professionals from Tribes, 25 EPA regional and headquarters staff, and six representatives
from nongovernmental organizations that work with Tribes on their air programs (A full list of
interview participants is included in Appendix A). Next, we prepared a one-page interview guide
(also in Appendix A) addressing the key issues presented by the activities flow chart, including:
building Tribal program capacity; funding and grants; technical assistance; regulatory and non-
regulatory tools; and communication. We then conducted interviews (primarily by phone) one-
on-one or in small group settings with the project participants. In an effort to encourage candid
discussions, we indicated that specific comments made during the interviews would remain
anonymous and would not be attributed to any individual. More detailed case study interviews
were conducted with EPA and Tribal air program staff in Regions 1 and 10. Finally, we collected
and analyzed data on resource expenditures from the Regions and EPA Headquarters. Based on
our analysis of the interviews and the data and information we collected, we developed the
findings and recommendations that constitute this report.
We have also developed some "lessons learned" that summarize the key components of this
evaluation. In the lessons learned we recommend that EPA:
Collect more detailed information on how Regions are allocating grant resources for Tribal
air programs.
More closely track how resources are expended to Tribal air programs, and develop clear
criteria for resource distribution.
Work with Tribes to develop annual performance objectives and measures to evaluate
Tribal performance with regard to air program grants.
Augment its efforts to support Tribes through direct training, outreach, and communication.
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Synthesize its support mechanisms to Tribes to provide more cohesive assistance to Tribes.
More directly involve Tribes in decision-making, rulemaking efforts, and guidance
documents that affect their air programs.
These lessons learned are discussed throughout the findings and recommendations sections of this
report and are described in more detail in the final section.
Structure of the Report
Following the introduction are three sections in this report: Providing the Tools, Building
Tribal Capacity, and Evidence of Tribal Capacity. Each of these sections includes some
background information, followed by our findings and recommendations. A final section
addresses Lessons Learned from this evaluation.
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EPA Tribal Air Program
Activities Flow Chart
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National planning,
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National Tribal/
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Participation in
RPOs
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regulations
Provide technical
guidance/tools
Outreach, e.g.,
newsletter and
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Provide direction to
RPOs
ORIA
TAMS Center
Asthma programs
Radiation pilot
project
State Indoor
Radon Grants
(SIRG) to Tribes
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Provide technical
guidance/tools
Voluntary reduction
programs (e.g.,
retrofits and outreach)
OAP
Regional Offices
Grants to Tribes
-Training
-Establish
program
infrastructure
-Monitoring, air
quality studies
-Develop
ordinances/
legal base
-Develop TIPs
-Implement/run
program (e.g.,
permitting, etc.)
Technical
assistance
Review/approve
TIPs
Participation in
RPOs
Direct
administration of
air program (FIPs)
Model rules (e.g.,
Region 10
approach)
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1. Build Tribal capacity and support program
development and implementation
-Provide necessary tools (e.g., regs, technical
guidance tools, program development and
organization, trained EPA staff)
2. Recognize and support tribal jurisdiction/
. sovereignty
Tribes
Training
Establish program
Monitoring, air
quality studies
Develop TIPs
Implement/run
program with
Tribes
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Others
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RPOs (e.g., WRAP)
Regional air
issues, multiparty
involvement
3. Address significant
air risks
-Point source controls
-Area source controls
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Third Party/NGOs
(e.g., ITEP, NTEC,
TOC, AISES, ITCA,
ITEC, PNTAN)
> Training
> Policy
development/
national voice
> Assist in
communications
Achieve Environmental Results
Clean and healthy air on Tribal lands
Attainment
Health risks addressed
Tribal values
Draft: 15 May 2002
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PROVIDING HI! TOOLS
As part of its Federal trust responsibility and under the specifications of the TAR, EPA
provides Tribes with tools necessary to build their capacity to develop their own air programs.
Specifically, EPA distributes grant funding to Tribes that can be used to perform activities
associated with the development of air programs, including: installing air monitors, conducting
emissions inventories, or developing regulations for on-site sources. In addition, EPA has the
responsibility to provide training to Tribal environmental professionals to enable them to develop
and manage air programs. Finally, the Agency has committed to providing guidance and models
that Tribes can use to develop their air projects and initiatives. For the purposes of this
evaluation, we interviewed relevant stakeholders to determine whether EPA was fulfilling these
responsibilities, and to collect recommendations for how the Agency's development or
distribution of these tools could be modified or improved to more effectively enable Tribes to
shape and manage air quality programs on Tribal lands.
Resources
Resources for Tribal air programs are first disseminated by OAR to the regional offices, and
then from the regional offices to Tribes. OAR determines the allocation of some of their State
and Tribal Assistance Grant (STAG) funding allocations using a primary criteria of $75,000 per
Tribe receiving an air grant. After allocating resources based on this primary criteria, the
remaining funds are distributed using a weighted percentage of five grant criteria:
Tribal population, 30%;
Number of non-attainment areas, 20%;
Number of Title V major sources, 30%;
Size of reservation, 10%; and
Number of Reservations (Tribes) 10%.
The funds allocated to each area are then divided among the Regions depending on how they rate
in the criteria. For example, Region 9 had 25.62 percent of the total national Tribal population
in 2002, and received 25.62 percent of the total funds allocated to the Tribal population criteria.
Figure 1 presents OAR's annual funding allocation by Region from fiscal year (FY) 1998 to the
present. As the figure demonstrates, funding has been relatively constant since FY 2000.
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Figure 1
OAR Tribal Grant Allocation To Regions
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There are two types of grants allocated from Regions to Tribes under the CAA - grants
covered under Sections 103 and 105 - and a funding source from the American Indian
Environmental Office's General Assistance Program (GAP). Tribes must submit applications for
each of these grants. Grants covered under Section 103 of the CAA (Section 103 grants) are
project-specific and available for activities such as air quality assessments. These grants run for
a maximum of five years and constitute the current majority of grants allocated to tribal air
programs.
Grants allocated under Section 105 of the CAA (Section 105 grants) provide for support of
longer-term development of air pollution control programs. These grants address activities such
as regulation development and long-term monitoring, and are intended to provide stability to
tribal air programs. Section 105 grants are generally ongoing, and not restricted to a particular
number of years. In general, Section 105 grants are more accessible to tribes that have received
eligibility to be treated as states (i.e., can review permits for off-reservation sources with the same
authority as a state). These tribes have to provide a match of five percent to ten percent of the
federal assistance they receive; tribes that have not established treatment as a state are eligible
for 105 grants but must provide a match of 40 percent. In 2002, OAR allocated a total of
$9,869,600 STAG dollars for Tribes to conduct air program activities. The breakdown of these
grants by Region is presented in Figure 2. These funds support a total of 117 grants on Tribal
lands nationwide, as is presented in Figure 3 (this total does not include GAP grants).
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Figure 2
Tribal STAG Grant Dollars By Region (2002)
$598,200
$1,746,900
$2,520,900
$223,100
$252,600
$621,300
$1,844,800
$397,600
$1,664,200
Figure 3
Active Tribal Air Grants By Region
~ 103 Grants
~ 105 Grants (Tribal Air Programs)
~ Total Active Air Grants
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^^Total Active Tribal Air Grants = 117 |
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Region
10
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Finally, GAP grants, administered by AIEO, assist Tribes in building the basic
infrastructure of a Tribal environmental program (including but not limited to air programs),
which may include planning, developing, and establishing the administrative, technical, legal,
enforcement, communications, and environmental education and outreach infrastructure.
Federally recognized Tribal governments and authorized intertribal consortiums are available for
GAP grants, and these entities must submit a work plan as part of the application process. Tribes
that receive GAP grants may also receive Section 103 or 105 funding. OAR estimates that
approximately 20 to 35 Tribes in the Western Regional Air Partnership region receive GAP
funding for their programs. The nationwide demand for this type of funding, although not
quantified, is therefore likely higher; additional information needs to be collected on the use of
GAP grants by Tribes.
Findings
The process and criteria for awarding grants to Tribes differs considerably from Region
to Region.
Many Tribal air program managers perceive that EPA funding is handed out on a "first-
come, first-serve" basis or that grant allocations are opportunistic rather than strategic.
Some regional representatives indicate that grants are in fact provided on a first-come, first-
serve basis because there is little competition in their regions for air grants.
In some cases where there are a small number of Tribes within a Region, funding decisions
are made based on discussions and negotiations with each Tribe regarding its tribal air
program plans and activities.
One Regional coordinator notes that since all requests for grants could be honored with
available funds, there was no need to develop distribution criteria. However, because
funding shortages now appear likely, defined allocation criteria have become necessary.
Some Regions have already developed specific grant criteria to determine awards. For
example, Region 10 considers the following criteria:
type and degree of environmental need;
• the relationship of the project to environmental planning processes used by the Tribe;
demonstration potential of project;
• the projects role in building partnerships;
• the Tribe's past performance in managing EPA grants; and
• the likelihood of project success.
Another region does not use formal criteria for grant allocation, but does consider whether
the Tribe has a significant air quality need that is driving the grant application. In addition,
if the Tribe has previously been a recipient of an air grant, the region takes into account
how well the Tribe met the objectives identified in the grant.
As discussed in the recommendations section below, some Tribal air coordinators and
regional air program managers have recently begun discussions to develop criteria that
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regions can use to disseminate funds to Tribes.
The demand for grant resources to manage tribal air programs varies depending on factors
such as number of on-site sources, monitoring needs, and stage of the program. Similarly,
the availability of resources for tribal air programs varies across regions.
Some Tribal environmental managers have noted that current funding for their air programs
is sufficient; others indicate that their air programs are underfunded. Figure 4 demonstrates
that in FY 2001, nearly all Regions had available funding that was not allocated. However,
in general Tribes and the regions agree that funding is likely to become more constrained
within the next two or three years due to increased demand and the expenditure of
"carryover" funds at Regions (i.e., when Regions do not expend all of their resources for
tribal air programs in a particular fiscal year, they can carry over these funds to the
following fiscal year). In fact, several Tribal air program managers and EPA regional and
HQ representatives expect this situation to result in a "funding crisis" for the Tribal air
program. As one stakeholder noted, "Tribes want to exercise their sovereignty and take
advantage of these programs, but EPA can't back them up with dollars."
Figure 4
FY 2001 Tribal Assistance Grant Status
~ Total Funds
~ Total Commitments and Obligations
—
1—1
—1
L
—
1 mn ll
1 1 1
Region 1 Region 2 Region 4 Region 5 Region 6 Region 7 Region 8 Region 9 Region 10
Region
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EPA support (e.g., resources and technical training) is critical at all stages of Tribal air
program development, not just the start-up phase.
Tribes already receiving grants may face increased competition as more Tribes in their
Region request grant funding. However, their needs will remain constant or increase in the
future as most Tribes expect to rely upon EPA for long-term program funding. For
example, once Tribes put monitors in place, they still need funds to continue their efforts.
Figure 5 presents the varied activities that Tribes in Region 1 have conducted using their
grant dollars.
FIGURE 5
SUMMARY OF ACTIVITIES CONDUCTED BY REGION 1 TRIBES
WITH AIR GRANTS (1997-2002)
Tribe
Num
ber1
Total
Funding/
Years of
Grant
Description of Activities
1
$12,000
1998-1999
Conducted impact analysis of nearby industrial facilities.
Inventoried licenced air pollution sources in watershed.
Continued comprehensive emission inventory.
Attended two training courses.
1
$249,940
1999-2002
Completed three air quality workshops.
Contracted with laboratory for monitoring assistance.
Making monitoring data available to national database and Tribal
members.
2
$30,000
2000-2002
Analyzed fish tissue for mercury content.
Hired summer intern to conduct fish and sediment samples.
Developed Quality Assurance Protection Plan (QAPP).
3
$145,000
1999-2001
Assessed and prepared monitoring sites.
Ordered monitoring equipment.
Distributed a fish consumption survey.
Initiated development of QAPP.
3
$200,000
2000-2002
Received and assembled monitors.
Continued to developed QAPP
Hired biologist.
4
$130,000
2000-2002
Hired an air quality technician.
Trained air technician.
Researched regional air pollutants.
Hired consultant to analyze fish tissue for dioxin and mercury, assess
risk to Tribal resources, and conduct a fish consumption survey to
determine human risk.
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FIGURE 5
SUMMARY OF ACTIVITIES CONDUCTED BY REGION 1 TRIBES
WITH AIR GRANTS (1997-2002)
Tribe
Num
ber1
Total
Funding/
Years of
Grant
Description of Activities
5
$78,293
1997-1999
Met with health officials to discuss available asthma data.
Identified air quality monitoring and assessment needs.
5
$683,700
1998-2002
Purchased equipment to:
- test and identify household mold;
- collect data on vehicles miles traveled; and
- Perform spot sampling on reservation.
Began developing an emissions inventory.
Hired assistant manager.
Attended training workshops.
Developed cooperative relationship with State air program.
Initiated acid deposition monitoring.
Participated with the New England Governor's Association and the
Ozone Transport Commission as founding members of the Clean Air
Partnership Committee.
Helped develop Tribal language for 1999 EPA Strategic Plan.
Developed Tribal Air Monitoring website.
Participated in Regional Haze Planning Organization.
6
$42,000
1998-2001
Made agreement with Water Resources Institute and consultant to
conduct fish tissue sampling for mercury and analyze results.
Developed QAPP for fish testing plan.
Hired two temporary staff to collect fish tissue samples.
Conducted fish consumption survey.
6
$40,000
2001-2002
Participated in Ozone Transport Commission and Regional Haze
Planning Commission.
Developed standards and regulations for air quality, odor, and open
burning
Hired consultant to prepare a risk assessment on mercury
contamination in fish.
Analyzed fish tissue and consumption habits.
7
$12,000
1998-2001
Assessing and preparing monitoring sites.
Conducting fish tissue analysis.
Developed website.
7
$249,260
1999-2002
Assessing and preparing monitoring sites.
Conducting fish tissue analysis.
Developed website.
Making monitoring data available to national database.
Developing QAPP
Note:
1 For reasons of confidentiality, the Tribal name has not been included. However, each Tribe is numbered to
allow determination of the number of grants or activities completed by specific Tribes.
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Many Tribal air program managers and EPA staff acknowledge that EPA does a better j ob
of supporting Tribes in early stages of air program development. As one interviewee states,
"There are many EPA resources dedicated to developing Tribal capacity, but there are not
the resources to adequately support the next step for implementing Tribal air programs."
Several Tribal environmental managers have noted that the short-term nature of grant
allocation makes planning and continuity within air programs difficult.
Several Tribal environmental managers express concern that funding is somewhat uncertain
year to year, which affects their ability to develop long term plans for their air programs.
Tribal stakeholders indicate that there are sometimes time lags between when one grant
expires and the next is received. These gaps affect the continuity of their air programs.
One Tribal air program manager notes that when her Tribe lost its grant, air program staff
were laid off. Soon thereafter, the Tribe's grant was reinstated and the Tribal air manager
had to begin a new hiring process to recruit program staff.
To create more stability, some Regions prefer to rely on multi-year grants to fund certain
Tribal air program activities, such as monitoring.
EPA does not always present a clear picture of the different sources of funding that are
available for Tribal air programs. Additionally, the projects or activities that can be
conducted under each grant type is often unclear (e.g., the differentiation between 103 and
105 funding).
One Tribal air program manager comments that "some Regions believe 103 is assessment
money and 105 is program money. Other Regions believe Tribes can sustain an air quality
program under 103 money."
Another Tribal air manager notes that the Regional coordinators view "air grants as
projects, not programs" under 103. This Tribe does not have pollution sources on-site and
as a result has been unable to obtain a grant to simply monitor air quality as a result of off-
site sources, review permits, or keep staff up to date on current issues and discussions.
However, because of the burden of 105 funding (under 105 grants, Tribes must pay up to
40 percent of the program costs), the Tribe cannot obtain a programmatic grant.
Some Tribes would like EPA to issues "decision rules" clarifying when to apply for 103 vs.
105 monies; other Tribes believe the Tribe should determine when it is ready to apply for
105 monies. In addition, some Tribes were not aware that GAP monies can be used to build
air program capacity. If EPA widely distributes to Tribes its recent guidance, "Review of
Authorities Available for Tribal Air Program Financial Assistance Grants," the distinction
among the different types of grants should become clearer.
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Some interviewees note that EPA has effectively notified Tribes that air grants are
available. Moreover, some regions provide granttraining to Tribes. As a result, the number
of EPA grants applied for and awarded has increased substantially in recent years.
According to one representative from an NGO, "As more Tribes get tuned into air quality
issues, there are more hands dipping into the same pot."
Recommendations
EPA could more closely track how resources are expended by tribes that participate in the
air program. Some Regions currently collect regular information about expenditures on Tribal
air programs, however, a more in-depth understanding of how tribes use their grant monies will
help determine whether resources are being used effectively in specific air programs. This will
help EPA focus its assistance efforts and work with tribes to develop air programs that
appropriately address the air quality issues on their reservations. In addition, this approach can
help Regions develop a plan for resource allocation for each tribe to ensure that it provides an
appropriate level of funding to allow Tribes to move beyond start-up and into actual air program
development.
EPA, working with the Tribes, could help improve the quality of grant proposals to ensure
they contain clear objectives and performance measures. As part of this effort, EPA and
the Tribes could also develop guidance on how to develop workplans for Tribal air grants.
EPA could advise Tribes on the types of performance measures they might want to incorporate
into their workplans to assess whether they are making progress towards achieving their air
program goals. Effective performance measures often include several characteristics: they relate
to a baseline (e.g., number of air monitors at the beginning of the program), report on progress
towards strategic goals, are outcome-oriented (e.g., help assess whether the Tribe is making
progress towards improving air quality on the reservation), and are easily understandable by
stakeholders.
Continuing EPA's efforts to develop national criteria for grant allocations from Regions to
Tribes will help ensure that grants are being allocated in an equitable and efficient way.
The regional Tribal Air Coordinators (TAC) have begun this process to develop national criteria.
The TAC might consider the criteria used by other related programs. For example, under EPA's
Pollution Prevention Grants program, grants are awarded based on criteria that reflect the
program's overall strategic objectives. At the outset of the program, EPA set goals and
objectives that were to be achieved through programs funded by grants. National criteria were
then developed that require applicants to demonstrate how activities conducted under the grant
will work towards achievement of these goals and obj ectives.2 The criteria developed for OAR's
grant allocation could resemble this process, and could be made transparent to the tribes so that
they fully understand funding decisions. To account for the unique air issues faced by Tribes in
each region (e.g., reservations with or without major sources on-site), EPA could develop these
2
EPA Pollution Prevention Grants FY 2002 Guidance, www.epa.gov/p2/programs/ppis/2002p2guidance.htm. Viewed
May 3,2002.
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criteria as a framework that can be adapted by each Region.
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EPA could provide more information on the grant allocation process by developing a
guidance document that describes the various types of air grants available to Tribes and the
application process for these grants. Some Regions already provide this guidance to Tribes,
however, others should consider making this information readily available. When the national
criteria for grant allocation are developed, a national guidance document could also act as a
vehicle to communicate these criteria to Tribes. In addition, EPA Regions should clarify Tribal
responsibilities in fulfilling the conditions of each grant and managing for results. EPA could
consider developing national criteria outlining these responsibilities to ensure consistency. In
addition, EPA could develop training sessions on EPA's process for budgeting and grant
management.
EPA could examine opportunities to increase the number of multi-year grants to Tribal air
programs and other parties. Long-term funding allows greater reliability and enables strategic
planning. Other organizations supported by EPA, such as the Tribal Air Monitoring Support
(TAMS) Center, could also plan more effectively if funding commitments were made for several
years into the future. Additionally, long-term grants could help Tribes attract and retain air
program staff.
Technical Assistance
One Tribal air program manager comments that technical assistance in the "backbone" of
building Tribal air program capacity. Tribal air professionals receive technical assistance from
EPA and from other partner organizations funded by grants from EPA. The primary training
organization that EPA funds is the Institute for Tribal Environmental Professionals (ITEP) at
Northern Arizona University (NAU). ITEP's mission is "to assist Indian Tribes in the
management of their environmental resources through effective training and education
programs."3 OAR has provided the majority of the funding for ITEP's trainings, and ITEP
reimburses most of Tribes' expenses to attend the trainings.
EPA's TAMS Center at the Radiation and Indoor Environments National Laboratory in Las
Vegas, Nevada was created in partnership with ITEP to provide additional technical assistance
to Tribes. TAMS is primarily responsible for training Tribes on air monitoring and analytical
support. As Figure 6 shows, the number of workshops held by these organizations has grown
significantly since ITEP was founded in 1994. Some regions have also held additional technical
trainings for tribes in their jurisdictions, and OAQPS manages the Air Pollution Training
Institute, which provides classroom and self-instructional courses on control technology, permit
review, and compliance monitoring and inspection.
3 ITEP website, http://www4.nau.edu/itep/intro.html.
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Figure 6
Number Of ITEP and TAMS Center Workshops
H ITEP Workshops
~ TAMS Center Workshops
1994 1995 1996 1997 1998 1999 2000 2001 Planned for
2002
Findings
Tribal air professionals rely heavily on ITEP, the TAMS Center, and other organizations
to provide technical assistance. However, due to resource and travel issues, Tribal air
managers do not always have access to this technical assistance.
In general, Tribal air professionals see ITEP as a great resource for Tribal air programs. For
example, one Tribal air program manager comments that "ITEP does a remarkable job of
providing air quality training for the Tribes." Another Tribal air manager points out that
one of the keys to ITEP's success is that the courses are geared toward and taught by Tribal
air professionals. In addition, nearly all Tribal air managers and EPA staff agree that the
TAMS Center is a very useful technical resource.
Tribes would like EPA to provide (or fund other organizations to provide) additional types
of technical assistance beyond what ITEP and TAMS currently offer.
As Tribal environmental professionals "become more technically capable, they are asking
more difficult questions and starting to outstrip" the available technical training resources.
Tribal air professionals observe that additional training is needed in other areas such as
PM2.5 monitoring and QAPP development.
Several stakeholders report that due to the high demand, Tribal environmental managers
have been turned away from training sessions at ITEP. Similarly, the TAMS center is
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becoming overwhelmed with requests for a variety of technical assistance on monitoring
and analysis.
Both Tribal and Regional stakeholders noted that on-site training and technical assistance
is essential to building Tribal capacity and developing air programs.
Tribal environmental representatives would like EPA to conduct more frequent on-site
visits so that they can see the resources Tribes are trying to protect and better understand
the issues the environmental staff is facing.
Tribes need assistance on-site when there are specific problems they are confronting, such
as a malfunctioning of their monitor. Tribal environmental managers often need a trainer
to sit down and show them how to use and maintain the equipment.
Several EPA regional Tribal air coordinators express an interest and willingness to visit
Tribes more frequently but lack adequate travel funding or staff resources to accomplish
this.
Recommendations
EPA could develop additional training materials (e.g., CD ROMs or videos) that address
specific technical issues that are not covered regularly in ITEP trainings or otherwise
covered in training materials. Stakeholders have suggested some examples of helpful topics
focused on monitoring that could be covered in CD ROMs or videos, including:
Setting up filters on air samplers;
Calibrating samplers and analyzers;
Basic electronics and troubleshooting;
The requirements for measuring various pollutants and setting up monitor systems; and
Developing QAPP review procedures/guidance and a manual/checklist.
EPA could consider increasing support to TAMS and ITEP so they can expand their course
offerings to provide additional training on pressing technical needs. Examples that
stakeholders identified include:
Title V (ITEP is currently planning this training);
Issues relating to indoor air quality;
Budgeting and grant management;
Monitoring for PM 2.5 (addressed to a limited extent in some ITEP courses);
QAPP development (addressed to a limited extent in some ITEP courses); and
Developing TIPs.
EPA, ITEP, and technical centers could consider offering courses in a variety of regions to
provide access to a broader range of Tribes. More local training within the Region would
enable Tribal environmental managers to take advantage of training while not requiring them to
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neglect their on-site programs and responsibilities. For example, Region 1 makes an effort to get
Tribal personnel involved in their workshops offered to Region and State employees. Further
expansion and marketing of the Air Pollution Training Institute's satellite training, and linking
the institute's activities to ITEP' s courses and expertise, might also serve the purpose of bringing
training directly to the Tribes.
EPA could bring technical experts directly to Tribes. EPA Regional coordinators could be
given more resources to visit Tribes on-site. Alternatively, EPA could consider establishing,
perhaps through a cooperative agreement with states, a technical SWAT Team (either national
or region-by-region) to travel to Indian Country to help Tribal air programs address difficult
technical issues. EPA also could develop and maintain a list of EPA or State staff who could
provide Tribes with additional expertise and technical resources.
The Tribes and EPA could develop a comprehensive database of Tribal professionals who
can provide guidance and technical assistance. The American Indian Science and Engineering
Society (AISES), an education and outreach organization, is working towards developing a
database of Tribal professionals. The TAMS center has also expressed interest in developing a
clearinghouse of skilled professionals. EPA could provide AISES or TAMS with additional
grants to facilitate their efforts.
EPA could develop a database of technical guidance documents for Tribal lands and
include the roster on its website (and intranet site for EPA employees to use). While there
is some Tribal air information and guidance available on the OAR, OAQPS, and Regional
websites, EPA should consider facilitating additional information transfer between Tribes and
Regions to increase the level of understanding of what other programs have tried to accomplish
and what tools and models might be available for use. For example, EPA could ask Regional
coordinators to be responsible for collecting and posting on a website, relevant work plans, tools,
models, methodologies, or contact information for a variety of different Tribal air issues.
Guidance and Related Tools
Guidance from EPA on Tribal air issues is designed to come primarily from Regional
coordinators. EPA's guidance can be invaluable to Tribes as they work to understand the key air
quality problems on their reservation, the sources impacting air quality, and measures they can
take to mitigate the impacts of these sources to protect human health and natural resources.
Tribal air professionals can consult with EPA coordinators to devise solutions to problems that
arise or to solicit advice on activities or efforts to pursue. Tribes also benefit from less tailored
guidance on specific aspects of air programs, such as how to conduct an emissions inventory or
developing a QAPP. This type of guidance provide Tribes a jumping off point to new efforts and
initiatives, which can then be tailored to the specific issues and concerns of the Tribe.
In addition to the guidance that Tribes receive, several stakeholders identified other tools
that would be useful in helping Tribes to build program capacity. For example, numerous Tribes
and EPA representatives indicated that the completion of the New Source Review (NSR) rules
would represent a significant asset for tribal air programs. EPA has been working to develop two
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NSR rules that, when completed, could be adopted by Tribes. First, EPA is developing a minor
NSR program, which establishes enforceable emission limits for minor new sources to limit the
source's potential to emit, help attain or maintain the NAAQS, and help prevent significant
deterioration of air quality. Second is the nonattainment NSR program for nonattainment areas,
whereby Tribes could regulate emissions from new major sources and major modifications to
existing sources.
Findings
Regional coordinators provide a variety of support to Tribes; some Regions lack the
resources to provide significant assistance while other Regions are able to spend
considerable time working directly with the Tribes.
Some Tribal environmental managers note that the Regional offices have been a great
source for technical information, grants, and general expertise. Other Tribal air managers
and Regional staff express frustration that Regional coordinators have too much work to
give Tribes sufficient one-on-one attention.
EPA offices are often located far from Tribal lands, and it can be difficult for EPA staff to
travel and conduct inspections of on-reservation sources. While Regional coordinators
would like to be able to visit Tribes in order to address specific problems, they report that
they often lack sufficient resources to do so.
Some Tribal air professionals expressed frustration that their technical contacts at EPA are
often new to the program (rather than "seasoned veterans"). These EPA staff may not have
the technical expertise/background that Tribal air professionals need.
OAQPS has recently provided helpful technical assistance to Regions and Tribes. One
Tribal air program manager mentioned specifically that OAQPS's website contains valuable
technical information and is an "outstanding resource."
Since many of the Tribal air programs are small and lack strong administrative
components, Tribal air programs often need additional administrative support from EPA
to build capacity.
Many Tribal air program managers point out that building administrative capacity/legal
expertise is a particular challenge for Tribes. These individuals look to EPA capacity-
building efforts to help address this need and believe that EPA should provide extra funding
to support administrative functions.
Tribes are often unaware of the legal issues surrounding the development and
implementation of a Tribal air program, for example, being held responsible for ensuring
compliance of regulated sources.
In some cases, Tribes do not have Internet access and cannot access databases and training
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materials they need to build their programs.
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Due to resource, hiring, and office location issues, Tribal air programs frequently have a
difficult time attracting and retaining trained and knowledgeable air program staff.
Many EPA and Tribal air program managers observe that program staff turnover is a
significant a problem. Tribal air quality specialists can often find better-paying jobs in
other fields/off-reservation.
Due to limited resources or qualified employees, Tribal environmental programs are often
run by a very small staff, limiting the time and attention that can be paid to any particular
problem or media.
For job openings in the air program, Tribes prefer to hire Tribal members or require Council
review of j ob applicants. This approach can slow down hiring processes, but it can enhance
a Tribe's ability to train and educate Tribal members.
Since it is often difficult to attract staff with the right expertise, Tribal air managers
frequently must engage in resource consuming training of new staff to help them understand
the technical aspects of the air program.
The Region 10 Tribal Air Rules Project (TARP) could be a useful model for Tribes in other
parts of the country.
• The TARP established modular Federal Implementation Plans (FIPs) for 42 Tribes in
Region 10 where no Tribal or state plans currently exist. These FIPs are designed so they
can gradually be replaced with TIPs as they are developed.
Project participants generally support the approach and production of the TARP. For
example, one interviewee notes that, "The TARP is a solid, protective tool for Tribes with
less-developed programs." Key to the success of the TARP was the ongoing engagement
of Tribal air professionals in the rule's development.
Also, the TARP is seen as a way to "level the playing field" by avoiding the FIP process
to permit new sources.
Some interviewees expressed concern that the TAR may set up a regulatory environment
in which it is difficult for Tribes to be more stringent than the rule.
National EPA guidance/policies are needed on several air issues for Tribes, particularly the
NSR rules.
The delay in issuing the NSR rules for Tribal lands is seen by numerous Tribal air program
managers and EPA staff as a "gaping hole" in the regulatory framework. Since Tribes lack
permitting authority, to address a major source they may have to wait for the development
of a FIP. While FIPs can be useful for Tribes that lack the resources and legal abilities to
withstand challenges from stakeholders representing major sources, they can result in a
resource-intensive and politically divisive process.
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The following issues are identified by Tribal air managers as needing EPA
gui dance/poli cy/ regul ati ons:
simplified policy regarding regional haze
- rule on open burning
health impacts and visibility (which are often under the purview of local air
agencies-which lack jurisdiction on Tribal lands)
103/105 grant award criteria
QAPP guidance tailored to Tribes
Tribal air professionals are interested in participating in EPA efforts to develop guidance,
policies, and regulations for Indian country.
While some Tribes are often informed about EPA policy development for air programs on
Tribal lands, they indicate they are typically invited into the process towards the end rather
than during planning and discussion stages. As one Tribe states, "EPA must recognize that
the government-to-government commitment is to work with, not just notify, Tribal
leadership about new policies for Indian Country."
Recommendations
In general, EPA could more frequently communicate and work with Tribal air program
staff regarding regulatory, guidance, and policy issue development. Although Tribes are
involved in various workgroups and committees under EPA's Tribal air program, nearly all the
stakeholders we interviewed indicated that Tribes should be more directly involved in decision-
making and policy development. For example, EPA and Tribes could establish a more formal
national policy organization - or use an existing organization such as the TOC - that addresses
and makes national decisions on current Tribal air issues. This organization could also establish
a list of regulatory or guidance needs on the national level. In addition, EPA should keep an
updated email list of Tribal air professionals and automatically notify list members of any draft
policy and guidance documents, and invite Tribes to help draft and comment on these documents.
It is important to note, however, that it is difficult for some Tribes to attend additional meetings
or workgroups because of the workload involved in running their programs. Therefore, EPA and
Tribes should work together to determine how Tribal air program representatives can efficiently
become involved on additional projects.
EPA could consider developing additional guidance and regulatory policies to meet Tribal
needs. For example, EPA could develop QAPP guidance and checklists for inspections.
Additionally, stakeholders suggest that EPA should explore ways to streamline and provide
additional guidance to Tribes on working with the FIP process.
EPA could work with the Tribal air program managers and other groups such as ITEP or
AISES to undertake a joint recruiting effort to attract qualified staff for Tribal air
programs. The current number of Indian air professionals appears unlikely to meet the demand
for qualified personnel in Tribal air programs. Therefore, EPA should consider increasing their
support of organizations and efforts designed to educate and attract Tribal members to the
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environmental field. For example, EPA and Tribes could further Tribal Program the outreach
resources of AISES, which provides educational opportunities and scholarships for American
Indians to pursue the study of science, engineering, and technology.
BUILDING TRIBAL CAPACITY
The resources, tools, and assistance EPA provides Tribes are intended to enable Tribal
communities to develop the capacity to initiate and manage their own air programs with the
ultimate goal of improving air quality on reservations. In addition to these tools, Tribal air
professionals gain experience through their participation in Tribal, state, or national air quality
organizations and their interactions with other knowledgeable Tribal environmental professionals.
Strong communication between Tribes and other governmental counterparts at the state, regional
or national level is crucial to the development of Tribal air programs, as environmental managers
and technical staff are able to share ideas and tools regarding the development and
implementation of air programs. In this section we address factors impacting Tribal capacity,
while in the next section we address evidence of Tribal capacity.
Factors Impacting Tribal Capacity
Educational opportunities for Tribal environmental managers and interactions between
Tribes, EPA, states, and trainers occur at workgroup and organizational meetings, during training
sessions, through informal communication, and internships. Other communication and planning
mechanism between Tribes and EPA is Regional Planning Organizations (RPOs). RPOs are
essentially workgroups for Tribal air representatives to work with EPA regional and HQ staff on
region-specific air issues. There are currently five RPOs, with most working on regional haze
and visibility issues. Through conversations with relevant stakeholders on these issues, we
developed a sense of the impact of learning opportunities and interactions on Tribal capacity, as
well as recommendations to further enhance capacity.
Findings
RPOs vary widely in their ability to address Tribal concerns.
Several Tribal air professionals note that the Western Regional Air Partnership (WRAP)
has successfully integrated Tribal interests into its activities (e.g., development of a S02
trading program). At least one Tribal air manager acknowledges the effective role that the
National Tribal Environmental Council (NTEC) - a Tribal membership organization with
160 tribes participating - played in facilitating Tribal participation in the WRAP.
Several Tribal air professionals indicate that it is sometimes a challenge for Tribes to make
a commitment to act together on a regional basis. Tribal air managers suggest that
additional issue-specific training might encourage Tribes to participate effectively in RPOs.
Intertribal organizations can play a critical role in advocating for Tribal interests and
supporting Tribal capacity building efforts.
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Intertribal organizations play a critical role in disseminating information to Tribes. For
example, one of the Pacific Northwest Tribal Air Network's first activities has been to
develop a resource/phone list of experts in local Tribal air program who are willing to act
as mentors or advisors to other regional Tribal air professionals.
Several interview participants caution that intertribal organizations cannot represent the full
spectrum of Tribal perspectives. For example, some stakeholders note that the NTEC is
much more geared towards western Tribes.
Some Regional Coordinators believe that the Tribal executives who participate in Regional
Tribal Operations Committees (RTOCs) are sometimes not tuned into technical and
environmental issues, resulting in a disjoint between these representatives and the Tribal
environmental staff.
Several Tribal air managers emphasize that national air organizations play an important role
but should not be funded "to the detriment of building individual Tribal capacity." Another
tribal representative notes that, "If we don't have adequate individual Tribal program
capacity, regional organizations are irrelevant."
Tribal air professionals rely upon other air programs as models and knowledgeable staff
at other Tribes for information on air issues and sustaining air programs.
Tribal professionals are able to interact during training sessions and learn from each others
experiences. In particular, many tribal representatives noted that ITEP training sessions
provide a good opportunity for Tribal air program staff to meet and communicate.
Once a Tribe has learned how to set up an air program and has tackled some of the key
startup issues, they can share their concerns, ideas, and lessons about air issues on their
reservations with other Tribal environmental managers. However, because issues may be
very unique from Tribe to Tribe, models and tools developed by one Tribe may not always
be applicable to other Tribes.
The relationship between Tribes and States varies considerably; some States and Tribes
work well together while others do not.
Some Tribal air professionals turn to the states for technical assistance. For example, Tribes
in Region 1 have consulted with States in order to determine how their monitoring efforts
can fit into monitoring programs already conducted by the State. Specifically, one Tribe
operates a fine particulate monitor for the state program, and the state shares its monitoring
data with the Tribes.
Some Tribes have at times found it difficult to work with States because they perceive that
some States view their programs as lacking technical credibility. However, as their air
programs and expertise have grown, many Tribes have had the opportunity to demonstrate
their technical expertise and build relationships with State agencies.
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Engaging Tribal and EPA leadership in air quality issues is critical to capacity-building.
Tribal air program staff indicate that air quality is not always perceived as a high-priority
issue by governmental and business leaders in the Tribal community. Water quality issues
are a primary concern of many Tribes because of their reliance on fishing as a primary form
of subsistence. Regions 1 and 4 note that interest is growing in air quality issues as Tribes
have increased analysis of the link between air and water pollution.
EPA and Tribes may not always agree on what constitutes "capacity building." As a result,
their priorities and program development ideas do not always complement one another.
One Tribal air program manager notes that "EPA directs the Regions to focus on
developing Tribal programs especially where major sources are located," but observe that
few Tribes fall into this category and may therefore be discouraged from developing a
Tribal air program. Other EPA Regions and Tribes believe that their air programs might
not be afforded as much attention from EPA HQ if they do not focus on establishing
regulations.
Several Tribal air program staff observe that their programs' priorities may not always
match EPA's priorities. As a result, EPA sometimes appears unwilling to endorse Tribal
projects.
• Non-Tribal stakeholders note that at times, Tribes may rely too heavily on EPA and do not
make significant efforts to build their own capacity. For example, one EPA region noted
that, after they provided a set of national air emissions data to a Tribe, the Tribe expected
the Agency to provide detailed interpretation of these data rather than analyze it themselves.
One interview participant suggested that while Tribal environmental managers may have
the technical proficiency to understand the data, they may not have the time to distill the
information themselves.
EPA Headquarters and Regional staff involved in the Tribal air program often lack clearly
delineated roles and responsibilities in the program. As a result, at times there has been a
duplication of effort on the program by different EPA offices, inadequate support for certain tribal
air programs, and poor communication among EPA offices and between EPA and Tribes.
Several Tribal air program managers indicate that they are unsure which EPA office to
contact for technical assistance and ask for increased transparency at Headquarters and
Regional offices.
Recommendations
EPA or a Tribal organization could develop, update regularly, and disseminate a current
list of Tribal Air Managers to allow for better communication. This list could be used for
intertribal networking and for EPA or other organizations to communicate new information,
activities, or policies.
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EPA and Tribes could make an effort to consolidate and potentially reorganize the large
number of Tribal workgroups and committees. Consolidation of the workgroups and
organizations could lessen the burden on Tribal air managers. Reorganization may also prevent
issues from becoming fragmented between groups. NTEC is currently developing a National
Tribal Air Committee (NTAC) that is examining the activities being conducted by some of these
workgroups in order to reduce overlap and ensure the efficient use of funds. NTAC may also
establish a national Tribal consortium for air quality management. The NTAC Working Group
(i.e., its steering committee) is currently finalizing the structure, scope, mission, and planned
activities of NTAC. Potential improved communication between groups and committees could
facilitate consolidation and reduce the duplication of efforts and activities.
EPA, States, and Tribal non-governmental organizations (NGOs) could develop fact sheets
to provide targeted policy and technical information and to report on Tribal air activities,
goals, and accomplishments. Some offices and groups are already making progress towards this
recommendation. For example, OAQPS is compiling a newsletter for Tribal air managers in an
attempt to keep everyone informed about the activities and discussions occurring during
workgroups. However, numerous stakeholders requested additional detail about specific Tribal
air activities and projects.
EPA could help States understand and accept Tribes as co-regulators. EPA Regional Tribal
air program coordinators should encourage States to send permit applications to Tribes for review
and to share environmental data with Tribes. Some Tribes are developing memorandums of
understanding (MOUs) with States in order to clarify jurisdiction and responsibility for permitting
and ensuring compliance for sources on Tribal lands. For example, EPA has developed the
Direct Implementation Tribal Cooperative Agreement authority. Under this agreement, Tribes
can put sovereignty and jurisdictional arguments with States aside and can implement air quality
programs on behalf of EPA. Facilitating agreements can supercede conflicts between Tribes and
States that restrict the development of Tribal air programs. OAR also worked on this issue and
could continue to facilitate relationships among the tribal, state, and local programs where
appropriate.
OAR and Regional Coordinators could work with Tribal air managers to convene
environmental management workshops for Tribal leaders to increase the level of interest
in air quality issues on Tribal lands. Since air quality issues are secondary to other Tribal
environmental issues such as water quality, there is a need for enhanced participation and interest
of Tribal leaders in air quality management. Increased interest from Tribal leaders could assist
individual Tribal programs in achieving their goals, and influence off-reservation policy that may
impact air quality on Tribal lands.
OAR could, perhaps in the context of its strategic planning effort, define the roles and
responsibilities of its different program offices as they relate to the Tribal air program. As
part of this effort, EPA could develop a plan to improve communications among OAR, Regions,
and the American Indian Environmental Office. In fact, EPA has recently formed a workgroup
to enhance its communications on Tribal air programs.
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EVIDENCE OF TRIBAL CAPACITY
In order to measure the effectiveness of EPA's tools and resources in building Tribal
capacity, we have compiled some examples of efforts and activities being undertaken by Tribes
nationwide. While our interviews revealed a wide-range of activities, we did not survey all
Tribes on their current activities. Therefore, our indicators of Tribal capacity represent
illustrative examples rather than a comprehensive analysis. EPA's tools and resources have
enabled some Tribes to build capacity and to develop air programs. However, this evaluation did
not reveal whether all Tribes who received grants and guidance have been successful at
developing comprehensive programs.
Findings
Tribes are undertaking a wide-range of capacity-building activities to enhance their air
quality programs.
Figure 7
GRAPH OF TRIBAL ACTIVITIES
Air Program Activities Conducted By Tribes in the WRAP (2001)
160
140
Activity
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Figure 7 presents activities conducted by Tribes in the Western Regional Air Partnership (based
on an ITEP survey from 2001). As the figure demonstrates, education and outreach, data
collection, and emissions inventories are the most common activities conducted by these Tribes.
As Tribes have further investigated air quality issues impacting human health and the
environment, they have begun education and outreach programs to inform other Tribal
members. Figure 7 illustrates that over 70 Tribes have begun education and outreach
activities.
Nationally, Tribes are monitoring for a wide variety of pollutants, with particulate matter
(PM) being the most frequently monitored pollutant. Figure 8 presents the number and
types of monitors currently sited on Tribal lands.
V isib ility
M etals
C ourse PM
Toxics
Hg
2 Acid Deposition
I
O IMPROVE
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FIGURE 9
NUMBER AND TYPE OF AIR MONITORS ON TRIBAL LANDS BY
REGION
Type of Monitor
Region
T
0
t
a
1
1
2
4
5
6
7
8
9
10
IMPROVE
3
2
1
6
Acid Deposition
2
1
2
5
Hg
2
3
5
S02
1
3
5
1
1
0
NOx
1
2
5
1
9
PM10
2
4
13
17
7
4
3
03
1
2
3
2
6
2
1
6
CO
2
3
1
6
Continuous Fine Particulate
(TEOM)
1
8
3
1
2
PM2.5
1
3
13
3
9
8
3
7
Course PM
1
1
1
3
Toxics
2
2
4
Metals
1
1
Visibility
1
1
Total
7
7
2
18
28
2
31
40
23
1
5
8
Some Tribes have developed a significant level of capacity in their air quality programs,
such as developing TIPs and regulations covering sources on their reservations.
The Eastern Band of Cherokee Indians (EBCI) in Region 4 has expertise in air visibility
issues because of their efforts to monitor visibility degradation on their reservation. EBCI
is also the first Tribe in the region to apply for and receive TAS designation. As a result,
EBCI is responsible for representing their interests as well as those of five other Tribes in
the Region as a voting member on the board of the Visibility Improvement State and Tribal
Association of the Southeast (VISTAS).
The Gila River Indian Community shares a boundary with the Phoenix, AZ metropolitan
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area, and the high level of emissions from Phoenix has significantly impacted air quality
on the reservation. To affect sources off-site, the Tribe received TAS status in 1998.
Currently, Gila River is making significant progress on developing a TIP and plan to take
over many air permitting programs currently managed by EPA (e.g., Title V). As part of
this effort, the Tribal Council recently adopted the most stringent medical waste ordinance
in the United States governing a medical waste incinerator located on the reservation.
Addressing Significant Air Quality Issues
Tribes nationwide face a wide variety of air quality concerns, from air toxics to indoor
mold. As a result, the activities and programs Tribes pursue often vary significantly. Some
Tribes have also progressed further than others with their air quality program, due to the presence
of significant air quality problems to address, level of funding from EPA, technical expertise
among air quality staff, or a high level of Tribal interest in air issues. Through our conversations
with stakeholders, we collected information and data from Regions and Tribes on the status of
their air quality programs and the air issues and problems they face. As with capacity building,
these findings represent illustrative examples rather than a comprehensive assessment. In
addition, the scope of this evaluation did not enable us to undertake an analysis of the current air
quality conditions on Tribal lands.
Findings
Tribes are at very different stages regarding implementation of their air programs. Some
Tribes are just initiating their program (e.g., seeking an air grant, looking for staff,
awaiting their monitoring equipment), while others are at advanced levels (e.g., working
towards a Tribal Implementation Plan or permitting Title V sources).
For example, the St. Regis Mohawk Tribe in Region 2 has developed permitting programs
for minor sources and solid waste incineration. In addition, the Tribe has set up numerous
monitors to assess the impact of emissions from Reynolds/Alcoa - a large aluminum smelter
- on its air quality. As a result of these monitoring efforts, Reynolds installed state-of-the-
art wet and dry scrubbers on their stacks that went beyond existing regulatory requirements.
Emissions from Reynolds have since decreased significantly.
The focus of the Tribal air activities will vary depending on the key air quality issues Tribes
face.
Tribal air managers often choose to monitor air quality early in their programs to assess
whether any on or off-site sources are impacting air quality on their lands. Many Tribes
indicate that their air quality is significantly affected by off-site sources over which they
have little control. However, some Tribal air programs are working towards achieving TAS
status, in part to gain the statutory authority to review permits from off-site sources that
impact Tribal air quality.
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Some Tribes choose to be more involved in developing air programs, while others continue
to rely on EPA implementation. For example, some Tribes indicate it is not cost-effective
to regulate sources on their land and therefore leave the regulatory and enforcement
activities to EPA.
Key concerns raised by Tribal air professionals include:
area sources
particulates
fugitive emissions
• transboundary pollutants, such as regional haze or ozone
• toxics, persistent bioaccumulatives
radon
indoor air quality
aerial application of pesticides
mercury and other types of deposition into waterbodies
88 Tribes have reservation lands in designated non-attainment areas. However, some of
these Tribes are challenging their designation as a non-attainment area.
• Figure 10 presents data on the number of Tribes nationally in non-attainment areas.
One Tribe noted that EPA - OAQPS in particular - has been quite responsive to its request
for a review of its designation status.
Other Tribes have agreed with their non-attainment classification, but have argued that
because of the minimal emissions resulting from on-site sources, these sources should be
classified as synthetic minors rather than major sources.
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Figure 10
Nonattainment Areas and Title V Sources on Reservations
h
~ Major Title V Sources
~Nonattainment Areas
Number of Areas or Sources
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Tribes sometimes face acute air problems on-site, and several Tribes are working to address
and resolve these issues.
Figure 11 illustrates several examples of some significant air toxics issues that Tribes have
faced in the past or are currently working on.
FIGURE 11
EXAMPLES OF SIGNIFICANT AIR ISSUES ON TRIBAL LANDS
New England Tribes
Region 1
Tribes in Region I face extensive PCB, dioxin, and mercury contamination,
which has affected many fisheries in the Northeast. The Penobscot nation, for
example, is affected by deposition and discharges from two nearby paper
mills. The Tribes argue that these mills have significantly impacted their treaty
right to fish.
St. Regis Mohawk
Region 2
The St. Regis Mohawk reservation is directly downwind from an aluminum
smelter and auto assembly plant. Because of their concern over a number of
toxic issues, the Tribe is conducting monitoring and is involved in
negotiations with the smelting facility.
Ponca and Cherokee
Nations
Region 4
A facility manufacturing carbon black for automobile tires is located in close
proximity to these two reservations. Fugitive particulate emissions from this
facility settle on cars, houses, lawns, and animals located nearby. Tribal
members report high levels of childhood asthma as a result of the high
particulate levels.
Shoshone-Bannock
Region 10
The Fort Hall reservation of the Shoshone-Bannock suffered significant
impacts from a phosphate mine and phosphate processing facility on their
reservation. In order to control the sources, Region 10 eventually
implemented a FIP.
Some success stories of air quality improvements that have resulted from the Tribal air
program are beginning to emerge.
• The St. Regis Mohawk reservation in Region 2 is located directly downwind from several
industrial sites, including Reynolds/Alcoa, a large aluminum smelter. The St. Regis
Mohawk began monitoring air quality on their reservation; some monitors were cited on the
reservation boundary adjacent to Reynolds to ensure high emission levels were detected
quickly. As a result of their efforts, Reynolds installed "state of the art" wet and dry
scrubbers on their stacks in advance of the regulatory requirements. Since this action was
taken, emissions from the source have decreased dramatically.
As part of the Uranium and Radiation Educational Outreach proj ect, ORIA is working with
several Tribes to alert them to the dangers of building houses with mill tailings from
uranium mining. In addition, ORIA is working with secondary schools in Tribal
communities located near Federal facilities containing radiation, uranium mines and mills,
or nuclear power plants. This effort will reach Tribes such as the Spokane Tribe in
Washington State (uranium mine), the Laguna Pueblo in New Mexico (largest open pit
uranium mine in the U.S.), and the Hopi Tribe in New Mexico (uranium mines). These
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Tribes are seeking to make informed decisions about the health effects, environmental
impact, and economic benefits associated with past radiation sites and potential future
operations. Thus far, workshops have been held in eight communities and more than 200
teachers have been trained on the potential impacts of radiation and radon.
• The Gila River Indian Community is working with EPA Region 9, Arizona Department of
Environmental Quality, OAQPS, and Maricopa and Pinal counties to develop a
comprehensive air toxics study in the Phoenix, Arizona urban area. This cooperative effort,
known as the Joint Air Toxics Assessment Project (JATAP), is one of the first large scale
State-Tribal cooperative technical air proj ects. The JATAP participants are also conducting
emissions inventories and monitoring for volatile organic compounds (VOCs) and
hazardous air pollutants (HAPs) in the Phoenix area.
EPA is currently working with several Tribes to develop pilot projects to retrofit their
school buses with emissions controls (numerous studies have recently raised concerns about
the health impacts of diesel exhaust on children who ride school buses). This program is
linked to EPA's current efforts to assist states in retrofitting their school buses.
The Navajo Nation seeks to develop a TIP and a Title V program to regulate on-site
sources, with whom it is currently initiating negotiations on permitting issues.
• The Nez Perce Tribe is working closely with EPA and the State of Idaho to develop smoke
management plans for grass seed farmers on the reservation.
Recommendations
EPA could develop clear objectives and measures to assess whether Regions and Tribes are
making effective progress on building capacity in air programs. In order to effectively
evaluate the capacity of Tribes, EPA could develop some key goals and objectives that they hope
to achieve through the distribution of grants and tools. We recognize that EPA's role is to
support Tribal efforts. Therefore, measures at success need to be specifically tailored to Tribal
needs. To initiate this process, EPA could conduct a national survey of key capacity building
activities in Tribal air programs (i.e., expand ITEP's survey of the WRAP area to Tribes
nationwide). In addition, EPA and Tribes could conduct an assessment of significant air toxics
problems on Tribal lands, prioritize these problems, and develop a plan of action to address the
key pollutant sources. This effort could be led by a Tribal-EPA consortium, EPA Regions, or one
of the EPA air HQ offices.
As they have done in some cases, EPA should continue to review the designation status (e.g.,
nonattainment status) of Tribes that submit comments or appeals. Specifically, EPA should
determine whether off-site sources are causing Tribal lands to be included in nonattainment areas.
EPA could more effectively disseminate Tribal success stories to share lessons learned with
and provide a potential roadmap to other Tribes. For instance, once the Gila River Tribe
completes development of its TIP, Regions could inform each Tribe with an air quality program
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about the details of the TIP.
LESSONS LEARNED
Based on our analysis of existing information as well as our interviews of EPA staff, Tribal
representatives, and NGOs, we have developed a set of lessons learned for OAR to consider as
it looks to improve implementation of the air program. We suggest that EPA consider:
• Collecting more detailed information on how Regions are allocating grant resources
to Tribes for air programs. Regions currently allocate resources to Tribal air programs
in a variety of ways. For example, some Regions have developed a formal set of criteria
thatthey use to disseminate resources (e.g., potential of proposed project), while others take
a more informal approach (e.g., discussing air quality needs with the Tribes). By collecting
the different criteria used by Regions, EPA can work to develop a more consistent national
approach to criteria that Regions can adapt to address their unique air quality issues.
Tracking more closely how Tribes are using resources. While some Regions currently
collect detailed information about Tribal expenditures, other Regions disseminate the funds
but do not regularly follow-up with the Tribes to determine how grant monies are spent.
A more in-depth understanding of how Tribes use their grant monies will help determine
where resources are being used effectively and ineffectively in air programs. In addition,
this approach can help Regions develop criteria for resource allocation for each Tribe to
ensure that it provides the appropriate level of funding to Tribes based on the components
of their air programs and the activities they conduct.
Working with Tribes to develop performance goals and measures to evaluate Tribal
performance with regard to air program grants. Developing objectives and measures
will enable EPA to systematically review the efficacy of Tribal air programs, and could be
used as part of subsequent allocations of resources. In this process EPA should work
closely with Tribes to identify objectives and measures that meet both Tribal and EPA
needs.
Augmenting its efforts to support Tribes through direct training, outreach, and
communication. For example, EPA could offer additional training on grant and budget
management as well as direct technical assistance on the operation and maintenance of air
monitors. In addition, the Agency could consider developing alternate outreach materials,
such as a comprehensive database of Tribal professionals who can provide guidance and
technical assistance.
Providing more comprehensive and organized assistance to Tribes. Many stakeholders
noted areas where the Tribal Program's activities and support could be better defined and
provided to Tribes. For example, Tribes may receive funding from several sources, yet
EPA does not clearly delineate the distinction between these types of grants. In addition,
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similar sets of guidance documents and tools are being developed by Tribal organizations,
Regional offices, headquarters offices, or Tribal organizations. In response, EPA HQ and
Regional responsibilities could be more clearly defined, and the existing set of tools and
guidance could be put on a central web site to facilitate improved communication. NT AC's
efforts to clarify the goals and efforts of different workgroups and organizations is an
effective step towards synthesizing various stakeholder responsibilities.
More directly involving Tribes in decision-making, rulemaking efforts, and guidance
documents that affect their air programs. Most Tribes indicate that, when EPA asks
them to participate in policy making on air programs, they are invited into the process after
these policies are already drafted. To increase Tribal input into EPA's air program, the
Agency could involve Tribes in preliminary planning meetings aimed at developing policy
or guidance documents.
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CONCLUSION
Since 1995, EPA's Tribal Air Program has worked to increase the capacity of Tribes to
manage air quality on lands within their jurisdiction. Specifically, the program has provided
technical and financial assistance to Tribes to help them address CAA requirements on their
lands. Over 100 Tribes have received grants to develop air programs, and nearly all of these
Tribes have received some level of technical assistance from EPA. The Office of Air and
Radiation undertook this evaluation to determine how effective the program is using its resources
to build Tribal capacity, address air quality on Tribal lands, and provide the tools to reach these
goals.
Overall, the program has helped Tribes make significant progress toward developing
capacity to carry out the CAA on their lands. Tribal air programs currently cover a broad range
of activities to address air quality; some Tribes have more advanced programs and are working
towards adopting Tribal Implementation Plans or implementing parts of the CAA. Other Tribes
are developing programs on a smaller scale, with activities aimed at developing emission
inventories, addressing mobile sources, reducing indoor air exposures, and providing outreach
and education on air quality issues.
EPA has clearly been successful in getting a number of air programs started on Tribal lands,
including monitoring efforts and data collection. In addition, through organizations such as ITEP
and TAMS, Tribes indicate that EPA has provided extremely useful technical assistance on air
quality issues. On the other hand, EPA staff in several regions have not had the resources to visit
and directly communicate with Tribes about their air programs. As a result, many Tribes indicate
that they are having difficulty moving their air programs past the initial stages, and that other
environmental priorities - such as improving water quality - receive the majority of their Tribes'
attention.
Due to limited information, we were unable to fully evaluate the efficiency and
effectiveness of the grant programs. Currently, most Regions collect and analyze only limited
information on how Tribes use grant dollars for their air programs, and there are few program
milestones developed for Tribes. Therefore, to enhance future evaluation efforts, EPA should
work with the Regions and Tribes to develop a system that makes it relatively easy for Tribes to
submit information on the use of their air grants, and for EPA regions to regularly analyze this
information.
With EPA's assistance, Tribes are making significant progress in their development of air
programs. To help Tribes continue advancing their programs, the Agency could provide more
effective guidance through regular meetings and workshops with Tribal leaders and
environmental managers. In addition, EPA could leverage its resources by involving Tribes in
decision-making, rulemaking efforts, and developing guidance documents that affect their
programs. EPA could also continue its work with Regions and Tribes to enhance communication
among the program's groups and develop clear criteria to distribute grant dollars.
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