Overview
Title
Final Eligibility Determination for the Kalispel Tribe To Be Treated in the Same Manner as a State Under Provisions of the Clean Air Act
Agencies
ELI5 AI
The EPA decided that the Kalispel Tribe can join other states in some air quality projects and get special grants, but they won't make any new rules themselves. This doesn't mean they are a state, just that they can participate in certain activities like one.
Summary AI
On December 1, 2020, the Environmental Protection Agency (EPA) decided that the Kalispel Tribe in northeastern Washington can be treated like a state for certain non-regulatory parts of the Clean Air Act. This means they can access specific grants and participate in interstate air quality management without regulatory power. The EPA reviewed and approved the tribe's request, confirming that their jurisdiction covers their original reservation boundaries. Anyone wishing to challenge this decision in court has 60 days to file an appeal.
Abstract
This notice announces that on December 1, 2020, the Environmental Protection Agency (EPA) Region 10 Regional Administrator determined that the Kalispel Tribe meets the eligibility requirements of the Clean Air Act (CAA) to be treated in the same manner as a state (TAS) for non-regulatory purposes under certain CAA provisions. None of the provisions for which the Kalispel Tribe requested eligibility entails the exercise of Tribal regulatory authority under the CAA.
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Sources
AnalysisAI
The document titled "Final Eligibility Determination for the Kalispel Tribe To Be Treated in the Same Manner as a State Under Provisions of the Clean Air Act" from the Environmental Protection Agency (EPA) addresses an important decision regarding the environmental governance role of the Kalispel Tribe in northeastern Washington. As of December 1, 2020, the EPA has recognized that the Kalispel Tribe can be considered akin to a state for certain non-regulatory aspects under the Clean Air Act (CAA). This recognition permits the tribe to access certain federal grants and participate in managing air quality with other states.
General Summary of the Document
The document announces the EPA's determination that the Kalispel Tribe meets certain eligibility criteria under the Clean Air Act, enabling them to be treated similarly to a state for specific non-regulatory purposes. This does not grant them any regulatory authority but allows them to engage in activities such as applying for CAA-related grants, participating in discussions about interstate pollution, and reviewing air quality permits from nearby jurisdictions. The decision is rooted in confirming the tribe's geographical jurisdiction, as defined by historical treaty boundaries.
Significant Issues or Concerns
One of the primary concerns with this document is its technical nature. It references specific sections of the Clean Air Act, which might be unfamiliar and complex to those not versed in environmental law or policy. Terminology like "TAS" (Treated as a State) and legal references such as "Section 105 of the CAA" are not explained in layman's terms, reducing the document's accessibility for a general audience. Furthermore, the notice does not provide insights into potential financial implications or how the decision could affect the allocation of grant funding.
Impact on the Public
For the general public, this document might have limited direct impact. However, it signifies a broader trend of recognizing tribal sovereignty in environmental governance. It highlights the EPA's acknowledgment of the rights of indigenous communities to participate in discussions about environmental protection and management, which is increasingly relevant in policy discussions about climate change and air quality.
Impact on Specific Stakeholders
For the Kalispel Tribe, this eligibility determination is a positive development. It allows them greater participation in crucial environmental discussions and access to funding, which could support projects or programs related to air quality and pollution reduction on their reservation. This could enhance their ability to protect and manage their environmental resources more effectively.
Conversely, other stakeholders such as nearby states or industries might view this decision differently. For neighboring states, the inclusion of the Kalispel Tribe in air quality discussions may require additional coordination and collaboration. Industries, especially those operating near the Kalispel Reservation, might face increased scrutiny or advocacy from the tribe relating to air quality and emissions.
Overall, while the document sets an administrative precedent, it also fosters a collaborative approach towards environmental stewardship between federal, state, and tribal entities.
Issues
• The document does not disclose any specific spending details related to the eligibility determination, making it difficult to assess any potential wastefulness in spending.
• The notice does not indicate any specific favor or bias towards the Kalispel Tribe but grants them eligibility similar to a state, which is usually a standard procedure under the Clean Air Act.
• The language used in the notice is technical and references specific sections of the Clean Air Act without summarizing their implications, which may be complex for readers unfamiliar with the Act.
• The document assumes familiarity with specific legal and regulatory processes and terms (e.g., 'TAS', 'Section 105 of the CAA'), which are not fully explained, potentially leading to ambiguity.
• The document relies heavily on legal citations and does not provide a simplified overview of what the eligibility determination implies for the Kalispel Tribe or its practical impact.