[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: 40CFR49.4]

[Page 728-729]
 
                   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. 49.4  Clean Air Act provisions for which it is not appropriate to 
treat tribes in the same manner as States.

    Tribes will not be treated as States with respect to the following 
provisions of the Clean Air Act and any implementing regulations 
thereunder:
    (a) Specific plan submittal and implementation deadlines for NAAQS-
related requirements, including but not limited to such deadlines in 
sections 110(a)(1), 172(a)(2), 182, 187, 189, and 191 of the Act.
    (b) The specific deadlines associated with the review and revision 
of implementation plans related to major fuel burning sources in section 
124 of the Act.
    (c) The mandatory imposition of sanctions under section 179 of the 
Act because of a failure to submit an implementation plan or required 
plan element by a specific deadline, or the submittal of an incomplete 
or disapproved plan or element.
    (d) The provisions of section 110(c)(1) of the Act.
    (e) Specific visibility implementation plan submittal deadlines 
established under section 169A of the Act.
    (f) Specific implementation plan submittal deadlines related to 
interstate commissions under sections 169B(e)(2), 184(b)(1) and (c)(5) 
of the Act. For eligible tribes participating as members of such 
commissions, the Administrator shall establish those submittal deadlines 
that are determined to be practicable or, as with other non-
participating tribes in an affected transport region, provide for 
Federal implementation of necessary measures.
    (g) Any provisions of the Act requiring as a condition of program 
approval the demonstration of criminal enforcement authority or any 
provisions of the Act providing for the delegation of such criminal 
enforcement authority. Tribes seeking approval of a Clean Air Act 
program requiring such demonstration may receive program approval if 
they meet the requirements of Sec. 49.8.
    (h) The specific deadline for the submittal of operating permit 
programs in section 502(d)(1) of the Act.
    (i) The mandatory imposition of sanctions under section 502(d)(2)(B) 
because of failure to submit an operating permit program or EPA 
disapproval of an operating permit program submittal in whole or part.
    (j) The ``2 years after the date required for submission of such a 
program under paragraph (1)'' provision in section 502(d)(3) of the Act.
    (k) Section 502(g) of the Act, which authorizes a limited interim 
approval of an operating permit program that substantially meets the 
requirements of Title V, but is not fully approvable.
    (l) The provisions of section 503(c) of the Act that direct 
permitting authorities to establish a phased schedule assuring that at 
least one-third of the permit applications submitted within the first 
full year after the effective date of an operating permit program (or a 
partial or interim program) will be acted on by the permitting authority 
over a period not to exceed three years after the effective date.
    (m) The provisions of section 507(a) of the Act that specify a 
deadline for the submittal of plans for establishing a small business 
stationary source technical and environmental compliance assistance 
program.
    (n) The provisions of section 507(e) of the Act that direct the 
establishment of a Compliance Advisory Panel.
    (o) The provisions of section 304 of the Act that, read together 
with section 302(e) of the Act, authorize any person who provides the 
minimum required advance notice to bring certain civil actions in the 
Federal district courts against States in their capacity as States.
    (p) The provisions of section 502(b)(6) of the Act that require that 
review of a final permit action under the Title V permitting program be 
``judicial'' and ``in State court,'' and the provisions of section 
502(b)(7) of the Act that require that review of a failure on the part 
of the permitting authority to act on permit applications or renewals by 
the time periods specified in section 503 of the Act be ``judicial'' and 
``in State court.''
    (q) The provision of section 105(a)(1) that limits the maximum 
Federal share for grants to pollution control agencies to three-fifths 
of the cost of

[[Page 729]]

implementing programs for the prevention and control of air pollution or 
implementation of national primary and secondary ambient air quality 
standards.