[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR49.6]

[Page 717]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
               CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
 
PART 49--TRIBAL CLEAN AIR ACT AUTHORITY--Table of Contents
 
                       Subpart A--Tribal Authority
 
Sec. 49.6  Tribal eligibility requirements.

    Sections 301(d)(2) and 302(r), 42 U.S.C. 7601(d)(2) and 7602(r), 
authorize the Administrator to treat an Indian tribe in the same manner 
as a State for the Clean Air Act provisions identified in Sec. 49.3 if 
the Indian tribe meets the following criteria:
    (a) The applicant is an Indian tribe recognized by the Secretary of 
the Interior;
    (b) The Indian tribe has a governing body carrying out substantial 
governmental duties and functions;
    (c) The functions to be exercised by the Indian tribe pertain to the 
management and protection of air resources within the exterior 
boundaries of the reservation or other areas within the tribe's 
jurisdiction; and
    (d) The Indian tribe is reasonably expected to be capable, in the 
EPA Regional Administrator's judgment, of carrying out the functions to 
be exercised in a manner consistent with the terms and purposes of the 
Clean Air Act and all applicable regulations.