[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: 40CFR49.9]

[Page 718-719]
 
                   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. 49.9  EPA review of tribal Clean Air Act applications.

    (a) The EPA Regional Administrator shall process a request of an 
Indian tribe submitted under Sec. 49.7 in a timely manner. The EPA 
Regional Administrator shall promptly notify the Indian tribe of receipt 
of the application.
    (b) Within 30 days of receipt of an Indian tribe's initial, complete 
application, the EPA Regional Administrator shall notify all appropriate 
governmental entities.
    (1) For tribal applications addressing air resources within the 
exterior boundaries of the reservation, EPA's notification of other 
governmental entities shall specify the geographic boundaries of the 
reservation.
    (2) For tribal applications addressing non-reservation areas, EPA's 
notification of other governmental entities shall include the substance 
and bases of the tribe's jurisdictional assertions.

[[Page 719]]

    (c) The governmental entities shall have 30 days to provide written 
comments to EPA's Regional Administrator regarding any dispute 
concerning the boundary of the reservation. Where a tribe has asserted 
jurisdiction over non-reservation areas, appropriate governmental 
entities may request a single 30-day extension to the general 30-day 
comment period.
    (d) In all cases, comments must be timely, limited to the scope of 
the tribe's jurisdictional assertion, and clearly explain the substance, 
bases, and extent of any objections. If a tribe's assertion is subject 
to a conflicting claim, the EPA Regional Administrator may request 
additional information from the tribe and may consult with the 
Department of the Interior.
    (e) The EPA Regional Administrator shall decide the jurisdictional 
scope of the tribe's program. If a conflicting claim cannot be promptly 
resolved, the EPA Regional Administrator may approve that portion of an 
application addressing all undisputed areas.
    (f) A determination by the EPA Regional Administrator concerning the 
boundaries of a reservation or tribal jurisdiction over non-reservation 
areas shall apply to all future Clean Air Act applications from that 
tribe or tribal consortium and no further notice to governmental 
entities, as described in paragraph (b) of this section, shall be 
provided, unless the application presents different jurisdictional 
issues or significant new factual or legal information relevant to 
jurisdiction to the EPA Regional Administrator.
    (g) If the EPA Regional Administrator determines that a tribe meets 
the requirements of Sec. 49.6 for purposes of a Clean Air Act provision, 
the Indian tribe is eligible to be treated in the same manner as a State 
with respect to that provision, to the extent that the provision is 
identified in Sec. 49.3. The eligibility will extend to all areas within 
the exterior boundaries of the tribe's reservation, as determined by the 
EPA Regional Administrator, and any other areas the EPA Regional 
Administrator has determined to be within the tribe's jurisdiction.
    (h) Consistent with the exceptions listed in Sec. 49.4, a tribal 
application containing a Clean Air Act program submittal will be 
reviewed by EPA in accordance with applicable statutory and regulatory 
criteria in a manner similar to the way EPA would review a similar State 
submittal.
    (i) The EPA Regional Administrator shall return an incomplete or 
disapproved application to the tribe with a summary of the deficiencies.