More than a dozen major statutes or laws form the legal basis for the programs of the Environmental Protection Agency (EPA). Below are EPA's laws and regulations that may apply to tribal government operations.

On this page:

• Laws
• Regulations
• Executive Orders
• Policies

Laws

GAP 1992 Act

• Indian Environmental General Assistance Program Act of 1992 (PDF)(3 pp, 130 K, About PDF)
• Public Law 103-155, Amendment to the Indian Environmental General Assistance Program Act of 1992 (PDF)(2 pp, 243 K, About PDF)

Tribal Assumption of Federal Environmental Programs

Treatment as a State (TAS)

Many federal environmental laws authorize EPA to treat eligible federally-recognized Indian tribes in a similar manner as a state for implementing and managing certain environmental programs. EPA has promulgated regulations and created guidances and strategies which facilitate tribes implementing and managing certain regulatory programs.

• The Clean Air Act (CAA)
• The Clean Water Act (CWA)
  • Water Quality Standards and 401 Certifications
  • National Pollution Discharge Elimination System (NPDES) Permits
  • 404 Dredge and Fill Permits
  • Sewage Sludge Management Program
• The Safe Drinking Water Act (SDWA)
  • Public Drinking Water System Supervision (PWSS) Program
  • Underground Injection Control (UIC) Program
• The Toxic Substance Control Act (TSCA)
  • Lead (Pb) Program
• The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
• Related TAS Topics

Direct Implementation Tribal Cooperative Agreements (DITCAs)
DITCA language in annual appropriation laws allow tribes and intertribal consortia to help EPA implement federal environmental programs in Indian country, notwithstanding the Federal Grant and Cooperative Agreement Act. DITCAs are negotiated between EPA and tribes and can help tribes build the capacity to carry out specific activities for EPA with EPA retaining final decision-making authority and ultimate responsibility for the environmental programs including all regulatory activities.

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Recent Regulations

Air

Tribal New Source Review (NSR) Permitting Program
Congress established the New Source Review (NSR) permitting program as part of the 1977 Clean Air Act Amendments. NSR requires stationary sources of air pollution to get permits before they start construction. NSR is also referred to as construction permitting or preconstruction permitting.

Past Regulations Directly Affecting Tribes

Water

National Pollutant Discharge Elimination System Program
Several federal environmental laws authorize EPA to treat eligible federally-recognized Indian tribe in the same manner as a state for implementing and managing certain environmental programs.

AIR

FAR

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