Pathways to Developing Tribal Environmental Programs GAP Technical Assistance EPA American Indian Environmental Office


2022

Pathways to Developing Tribal
Environmental Programs

GAP TECHNICAL ASSISTANCE

EPA AMERICAN INDIAN ENVIRONMENTAL OFFICE

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Clean Air Act Chapter (DRAFT)

April 2022

Introduction

Several comments received in the 2018 GAP Guidance Evaluation consultation suggested the indicators
in the 2013 GAP Guidance Appendix 1, Guidebook for Building Tribal Environmental Program Capacity,
provide a beneficial and comprehensive roadmap toward tribal environmental program development. In
response, the EPA American Indian Environmental Office (AIEO) in the Office of International and Tribal
Affairs (OITA) is proposing to repackage the list of indicators identified in Appendix 1 as a technical
assistance resource for Tribes and intertribal consortia.

The following information is a draft Clean Air Act Chapter as an example of how the technical assistance
could look and the type of information that may be included. Tribes and intertribal consortia are
encouraged to provide feedback on the use and further development of this technical assistance
resource during the April 4 - August 2, 2022, consultation and coordination on the DRAFT 2022 GAP
Guidance.

Additional content will be added and finalized by October 1, 2022.

EPA acknowledges that building capacity is not always a linear process for Tribes. Given the vast and
well-documented disparities that Tribes may experience, Tribal environmental staff often contend with
significant challenges above and beyond the status quo for designated environmental authorities. Tribal
environmental staff are often both overburdened and under resourced, starting and working from
behind. EPA recognizes that there may be setbacks and unforeseen issues toward which Tribes need to
focus their efforts and that planned objectives may vary as a result.

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Clean Air Act Chapter (DRAFT)

April 2022

Clean Air Program Development Areas - Checklist

The checklists in the tables are intended to assist Tribes in developing programs under the Clean Air
Act. These tables include pathways for four separate air programs:

Outdoor Air Quality
Radon

Other Emissions/Pollution Source Control
Climate

The first stages of each of these programs include establishing agreements, receiving funding, and
training Tribal staff through trainings and workshops sponsored by EPA and other organizations on air
monitoring and program implementation topics, or through written guidance provided by EPA and
others. Following training, Tribal staff can complete several activities including conducting community
outreach, developing program strategies, baselining, and conducting monitoring and inventories. Tribes
may also choose to establish Tribal laws or codes.

While Tribes may ultimately seek TAS, which may be preceded by a test drive, in many cases Tribes may
not choose to pursue TAS as an end goal for managing an environmental program area. These tables of
capacity indicators are organized by statute. While they are structured in such a way to help Tribes
develop plans that build on previous activities as programs mature, they are not meant to imply that all
Tribes will pursue TAS.

There are 4 tables below and each table focuses on a different Clean Air Act program area. Within each
table, there are different development areas and suggested actions that may be taken relative to that
development area. Some of the actions are taken directly from the DRAFT 2022 GAP capacity indicator
list. Other actions or activities are not pulled from the 2022 GAP capacity indicator list but are important
steps that a Tribe may want to take when developing their environmental program. While each
development area is meant to build on the previous development area, the activities within each area
are generally able to be completed interchangeably at a Tribe's discretion. Additionally, Tribes may
choose not to pursue or complete some of the activities in a given development area. Choosing not to
pursue or complete an activity does not preclude the Tribe from moving to activities in a different area.
These tables are meant only to assist Tribes with internal tribal environmental planning, and Tribes may
use them outside of this linear structure as needed.

Partnership + ® ®

Agreement + Funding

TAS

O • _ • O

Training Test Drive

o A o

Strategy + Baselining Triba| Laws + Codes

Monitoring +

Inventories

Figure 1. Depiction of development areas for capacity indicators under the Clean Air Act.

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Clean Air Act Chapter (DRAFT)

April 2022

Color key information for Tables 1-4:

•	Unshaded cells are capacity indicators that will be published alongside the 2022 GAP Guidance.

•	Yellow shaded cells are indicators that were included in the 2013 GAP Guidance and signify
intermediate actions that bridge two development areas. These are not indicators in the 2022
GAP Guidance but are important steps for developing Tribal capacity.

•	Blue shaded cells within a development area signify that the action comes from the 2013 GAP
Guidance and is important for developing capacity within a development area. These are not
indicators in the 2022 GAP Guidance.

Table 1. Tool for tracking air quality indicators and intermediate actions for capacity
development under the Clean Air Act.

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Air Quality

Partnership +
Agreement +
Funding

Tribe is receiving funding under the CAA or
other related EPA media specific program.

~

~

~

~



Tribe is establishing an intergovernmental
agreement (M0U/M0A).

~

~

~

~



Tribe is establishing a cooperative
agreement to conduct
monitoring/inspections.

~

~

~

~



Tribe has established a staffing plan
(position description and
recruitment/retention/promotion plan) for
who will serve as Tribal air quality/indoor
air quality program coordinator(s).

~

~

~

~

Training

Tribal staff are obtaining program-specific
certification, including Air pollution Control
Support Systems/105 and 103 Training.

~

~

~

~

Strategy +
Baselining

Tribe is developing an air monitoring
strategy.

~

~

~

~



Tribe is developing a quality assurance
project plan.

~

~

~

~



Tribe is developing a report analyzing air
quality issues impacting the Tribe and
evaluated air pollution control options
(identifies air pollution sources and known
levels of emissions, defines potential
human health and environmental impacts

~

~

~

~

of current air quality, and provides
recommendations for action).

3

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Clean Air Act Chapter (DRAFT)

April 2022

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Air Quality



Tribe has established a program to collect
and upload quality assured ambient air
monitoring data into the Air Quality System
(AQS) database.

~

~

~

~

Monitoring +
Inventories

Tribe is establishing an air quality
monitoring program (i.e., submitting data
to AQS or doing regulatory monitoring).

~

~

~

~



Tribe has completed an indoor air quality
assessment and report.

~

~

~

~



Tribe has established a program to
meaningfully participate in air quality
management programs administered by
other Tribal, federal, state, or local
governments (including reviewing and
commenting on air quality standards and
facility permit actions).

~

~

~

~

Tribal Laws +
Codes

Tribe is developing a program to provide
compliance assurance (including
inspections).

~

~

~

~



Tribe has incorporated indoor air quality
improvements or features as part of
building renovation programs (e.g.,
weatherization and rehabilitation) and new
construction.

~

~

~

~



Tribe is establishing a comprehensive air
quality permitting system that meets the
minimum elements required by 40 CFR
Part 70.

~

~

~

~



Tribe is developing/preparing to enact
ambient air quality laws, codes, and/or
regulations with effective compliance
assurance and enforcement provisions that
are at least as stringent as the federal
statutes.

~

~

~

~



Tribe is establishing a program to assist
EPA with implementing the federal CAA
program (e.g., assisting the Agency to
develop/update an inventory of regulated
entities, compliance assistance activities
for regulated entities, obtaining federal
inspection credentials to inspect regulated
entities, and assisting EPA to draft permits
for regulated entities).

~

~

~

~

4

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Clean Air Act Chapter (DRAFT)

April 2022

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Air Quality















Tribe is developing air quality codes, such
as laws that address air quality concerns
that do not have standards/rules/provisions
in the CAA including addressing odors,
speed limits to minimize road dust/fugitive
emissions, limiting activities or emissions
at industrial sources during wildfire
events/air pollution episodes, prohibiting
smoking in facilities (IAQ) and code related
to agricultural activities.

~

~



~

~

Test Drive

CAA § 111 - New Source Performance
Standards (NSPS)

~

~



~

~



CAA § 110 - Tribal Implementation Plan
(TIP)

~

~



~

~



CAA Title V - Operating Permit Program

~ r

~



~

~



Permit Action Notification and Petition

~

~



~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~



~

~

TAS

CAA § 111 - New Source Performance
Standards (NSPS)

~

~



~

~



CAA § 110 - Tribal Implementation Plan
(TIP)

~

~



~

~



CAA Title V - Operating Permit Program

~

~



~

~



Permit Action Notification and Petition

~

~



~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~



~

~

Table 2. Tool for tracking radon indicators and intermediate actions for capacity development
under the Clean Air Act.

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Radon

Partnership +
Agreement +
Funding

Tribe is receiving funding under the CAA or
other related EPA media specific program.

~

~



~

~



Tribe is establishing an intergovernmental
agreement (MOU/MOA).

~

~



~

~

Training

N/A

~

~



~

~

5

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Clean Air Act Chapter (DRAFT)

April 2022

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Radon

Strategy +
Baselining

Tribe is developing a quality assurance
project plan.

~

~

~

~

Monitoring +
Inventories

Tribe is developing a program to provide
compliance assurance (including
inspections).

~

~

~

~



Tribe has prepared a report recommending
actions to improve indoor air quality and
reduce levels for radon, mold, moisture, and
en vironmental pollutants.

~

~

~

~

Tribal Laws +
Codes

Tribe is enacting green building codes,
guidelines and/or protocols that promote
healthier indoor air quality and apply these
practices to new and retrofitted buildings.

~

~

~

~



Tribe is enacting indoor air quality laws,
codes, and/or regulations with effective
compliance assurance and enforcement
provisions.

~

~

~

~



Tribe is adopting EPA's recommended
standards and techniques for controlling
radon levels within buildings.

~

~

~

~



Tribe is establishing a radon program.

~

~

~

~

Test Drive

New Source Performance Standards (NSPS)

~

~

~

~



CAA § 110-Tribal Implementation Plan (TIP)

~

~

~

~



CAA Title V - Operating Permit Program

~

~

~

~



National Emissions Standards for Hazardous
Air Pollutants (NESHAP

~

~

~

~

TAS

CAA § 111 - New Source Performance
Standards (NSPS)

~

~

~

~



CAA § 110-Tribal Implementation Plan (TIP)

~

~

~

~



CAA Title V - Operating Permit Program

~

~

~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~

~

~

6

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Clean Air Act Chapter (DRAFT)

April 2022

Table 3. Tool for tracking other emission and pollution sources indicators and intermediate
actions for capacity development under the Clean Air Act.

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Other Emission
+Pollution
Sources

Partnership +
Agreement +
Funding

Tribe is receiving funding (i.e., 105 funding)
for planning, developing, establishing,
improving, and maintaining adequate Air
Pollution Control Support programs.

~

~

~

~



Tribe is establishing an intergovernmental
agreement (MOU/MOA).

~

~

~

~



Tribe is establishing a cooperative
agreement to conduct
monitoring/inspections.

~

~

~

~

Training

Staff has completed appropriate indoor air
quality training and acquired skills related to
indoor air quality (e.g., Healthy Homes
training).

~

~

~

~



Tribal staff are obtaining program-specific
certification, including Air pollution Control
Support Systems/105 and 103 Training.

~

~

~

~



Tribe is developing a program for
administering the noncompliance penalty
program under section 120 of the Clean Air
Act.

~

~

~

~

Strategy +
Baselining

Tribe is preparing a plan providing for
attainment and maintenance of national
standards and a control strategy that meets
requirements laid out in 40 CFR Part 51.

~

~

~

~



Tribe is preparing a plan for hazardous air
pollutants for source categories.

~

~

~

~



Tribe is preparing a plan for control of
designated facilities and pollutants.

~

~

~

~



Tribe is developing an air monitoring
strategy.

~

~

~

~



Tribe is developing a report analyzing air
quality issues impacting the Tribe and
evaluated air pollution control options
(identifies air pollution sources and known
levels of emissions, defines potential human
health and environmental impacts of current
air quality, and provides recommendations
for action).

~

~

~

~



Tribe is developing a quality assurance
project plan.

~

~

~

~

7

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Clean Air Act Chapter (DRAFT)

April 2022

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Other Emission
+Pollution
Sources

Monitoring+
Inventories

Tribe is inventorying emission sources to
report to EPA.

~

~

~

~



Tribe has completed an emissions inventory
and submitted to the National Emissions
Inventory Database.

~

~

~

~

Tribal Laws +
Codes

Tribe is developing a program to provide
compliance assurance (including
inspections).

~

~

~

~



Tribe has established a Diesel Emissions
Reduction Program (identified diesel engine
use; evaluated short- and long-term
priorities for reduction of emissions;
selected implementation options such as
installing diesel retrofit devices with verified
technologies on school buses,
maintaining/repairing/rebuilding engines,
replacing older vehicles/equipment with
more efficient engines or engines that run
on cleaner fuel, improve operational
strategies).

~

~

~

~



Tribe has established energy efficiency
policies and program(s) (e.g., building
design standards/codes, ENERGY STAR
initiatives for government operations and
Tribal housing).

~

~

~

~



Tribe has established an air toxics program
(capacity to: monitor for acid and mercury
deposition; sample subsistence food
sources to measure the accumulation of
toxics; partner with other jurisdictions on
assessment projects; communicate
potential threats to community members;
implement actions to reduce sources of air
toxics pollution).

~

~

~

~

Test Drive

CAA § 111 - New Source Performance
Standards (NSPS)

~

~

~

~



CAA § 110 - Tribal Implementation Plan
(TIP)

~

~

~

~



CAA Title V - Operating Permit Program

~

~

~

~



Permit Action Notification and Petition

~

~

~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~

~

~

8

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Clean Air Act Chapter (DRAFT)

April 2022

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Other Emission
+Pollution
Sources

TAS

CAA § 111 - New Source Performance
Standards (NSPS)

~

~

~

~



CAA § 110 - Tribal Implementation Plan
(TIP)

~

~

~

~



CAA Title V - Operating Permit Program

~

~

~

~



Permit Action Notification and Petition

~

~

~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~

~

~

9

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Clean Air Act Chapter (DRAFT)

April 2022

Table 4. Tool for tracking climate indicators and intermediate actions for capacity
development under the Clean Air Act.

Development
Area

Action

Is this a

Tribal

Priority?

Not

Started

In

Progress

Complete

Climate

Partnership +
Agreement +
Funding

Tribe is receiving funding under the CAA or
other related EPA media specific program.

~

~

~

~



Tribe is establishing an intergovernmental
agreement (MOU/MOA).

~

~

~

~



Tribe is establishing a cooperative
agreement to conduct
monitoring/inspections.

~

~

~

~

Training

Tribal staff are obtaining program-specific
certification, including Air pollution Control
Support Systems/105 and 103 Training.

~

~

~

~

Strategy +
Baselining

Tribe has developed a climate change
preparedness/adaptation program (e.g.,
zoning rules and regulations; tax
incentives; building codes/design
standards; utility rates/fee setting; public
safety rules and regulations; outreach and
education; emergency management
powers).

~

~

~

~



Tribe is preparing a plan providing for
attainment and maintenance of national
standards and a control strategy that
meets requirements laid out in 40 CFR Part
51.

~

~

~

~



Tribe is preparing a plan for control of
designated facilities and pollutants.

~

~

~

~



Tribe is developing an air monitoring
strategy.

~

~

~

~



Tribe is developing a report analyzing air
quality issues impacting the Tribe and
evaluated air pollution control options
(identifies air pollution sources and known
levels of emissions, defines potential
human health and environmental impacts
of current air quality, and provides
recommendations for action).

~

~

~

~



Tribe has developed a climate change
vulnerability/risk assessment.

~

~

~

~

Monitoring +
Inventories

Tribe is inventorying emission sources to
report to EPA.

~

~

~

~

10

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Clean Air Act Chapter (DRAFT)

April 2022

Development
Area

Action

H



In

Progress

Complete

Tribal Laws +
Codes

Tribe is developing a program to provide
compliance assurance (including
inspections).

~

~

~

~

Test Drive

CAA § 111 - New Source Performance
Standards (NSPS)

~

~

~

~



CAA § 110 - Tribal Implementation Plan
(TIP)

~

~

~

~



CAA Title V - Operating Permit Program

~

~

~

~



Permit Action Notification and Petition

~

~

~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~

~

~

TAS

CAA § 111 - New Source Performance
Standards (NSPS)

~

~

~

~



CAA § 110 - Tribal Implementation Plan
(TIP)

~

~

~

~



CAA Title V - Operating Permit Program

~

~

~

~



Permit Action Notification and Petition

~

~

~

~



CAA § 112 - National Emissions Standards
for Hazardous Air Pollutants (NESHAP)

~

~

~

~

11

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