Treatment as a State (TAS)

National Tribal Forum on Air Quality (NTFAQ)

This page contains resources from NTAA and EPA to help Tribes understand and apply for Treatment as a State (TAS) status under the Tribal Authority Rule (TAR) of the Clean Air Act (CAA). TAS provides that Tribes will be treated in the same manner as states for virtually all CAA programs. The TAR provides for a grants to Tribes when they secure TAS with approved CAA programs. Tribes with TAS can secure authority over all air resources within the exterior boundaries of a reservation (including non-Indian owned fee lands). For non-reservation areas, Tribes must demonstrate the basis for jurisdiction.

NTAA encourages Tribes to secure TAS to express their sovereignty and TAS can help secure funding for air quality programs. The resources below will help Tribes learn more about TAS and learn the steps on how to apply.

NTAA TAS Resources

TAS Resources:
  • 3.12.21 NTAA TAS Letter to Tribes
    • Recently, NTAA contacted over 70 Tribes that maintain TAS status for water quality and urged them to seek TAS for air quality as well. You can see the letter below.
      3.12.21 NTAA TAS LETTER TO TRIBES
EPA TAS Resource:
  • The following resource provides tribes with the final rules regarding the CAA provisions for which it is appropriate to treat Indian tribes in the same manner as states, establishes the requirements that Indian tribes must meet if they choose to seek such treatment, and provides for awards of federal financial assistance to tribes to address air quality problems.
    www.govinfo.gov/content/pkg/FR-1998-02-12/pdf/98-3451.pdf
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