Treatment as a State (TAS)

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.

TAS Resources

4.4.21 NTA Informational Webinar for Tribes on TAS

NTAA’s Ryan Tsinigine hosted an informational webinar for Tribes to learn about TAS that included presentations by:

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

2021 Similarities between Clean Water Act TAS and Clean Air Act TAS

NTAA TAS Fact Sheet

NTAA TAS FACT SHEET

EPA’s main TAS webpage provides basic information on TAS and a list of Tribes with TAS.
www.epa.gov/tribal/tribes-approved-treatment-state-tas#regulatory-and-administrative-tas

The following resource provides Tribes with information regarding section 103 and 105 grant funding eligibility requirements. While also providing definitions of nonrecurrent and recurrent expenditures and maximum federal share waiver that, if eligible, your Tribe can have the match requirement for section 105 grant funding waived.
www.govinfo.gov/content/pkg/CFR-2010-title40-vol1/pdf/CFR-2010-title40-vol1-sec35-575.pdf

The following resource provides Tribes with a thorough summary of the content for applicability for TAS for Titles I, III, and V. The document gives definitions of each section of the CAA that pertains to Tribes and a complete overview of the CAA TAS process.
www.epa.gov/sites/production/files/2016-02/documents/caa_tas_document_final_draft.pdf

The following resource provides Tribes with a list of approved activities that a Tribe should be conducting under section 103 grant funding. In addition, section 103 grant funding is meant for air quality projects and not air quality programs.
www.govinfo.gov/content/pkg/USCODE-2013-title42/html/USCODE-2013-title42-chap85-subchapI-partA-sec7403.htm

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

www.epa.gov/tribal-air/tribal-authority-rule-tar-under-clean-air-act

The following resource provides charts that identify the federally recognized Indian Tribes that have received TAS approvals for specific environmental regulatory programs, administrative functions, and grant programs.
www.epa.gov/tribal/tribes-approved-treatment-state-tas#regulatory-tas