[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR49.11]

[Page 731-732]
 
                   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. 49.11  Actions under section 301(d)(4) authority.

    Notwithstanding any determination made on the basis of authorities 
granted the Administrator under any other provision of this section, the 
Administrator, pursuant to the discretionary authority explicitly 
granted to the Administrator under sections 301(a) and 301(d)(4):
    (a) Shall promulgate without unreasonable delay such Federal 
implementation plan provisions as are necessary or appropriate to 
protect air quality, consistent with the provisions of sections 304(a) 
and 301(d)(4), if a tribe does not submit a tribal implementation plan 
meeting the completeness criteria of 40 CFR part 51, appendix V, or does

[[Page 732]]

not receive EPA approval of a submitted tribal implementation plan.
    (b) May provide up to 95 percent of the cost of implementing 
programs for the prevention and control of air pollution or 
implementation of national primary and secondary ambient air quality 
standards. After two years from the date of each tribe's initial grant 
award, the maximum Federal share will be reduced to 90 percent, as long 
as the Regional Administrator determines that the tribe meets certain 
economic indicators that would provide an objective assessment of the 
tribe's ability to increase its share. The Regional Administrator may 
increase the maximum Federal share to 100 percent if the tribe can 
demonstrate in writing to the satisfaction of the Regional Administrator 
that fiscal circumstances within the tribe are constrained to such an 
extent that fulfilling the match would impose undue hardship.