40 C.F.R. § 49.3
General Tribal Clean Air Act authority
Tribes meeting the eligibility criteria of § 49.6 shall be treated in the same manner as States with respect to all provisions of the Clean Air Act and implementing regulations, except for those provisions identified in § 49.4 and the regulations that implement those provisions.
Notes of Decisions
Cited in 2
cases, 2009–2017 · leading case: Arizona Pub. Serv. Co. v. United States Env't Prot. Agency, 562 F.3d 1116 (10th Cir. 2009).
Arizona Pub. Serv. Co. v. United States Env't Prot. Agency, 562 F.3d 1116 (10th Cir. 2009). “See 40 C.F.R. § 49.3 . But it does not treat tribes *1125 as states for the mandatory plan submission deadlines, funding restrictions, and related federal oversight mechanisms triggered by a state’s failure to submit an adequate plan.”
Yazzie v. U.S. Env't Prot. Agency, 851 F.3d 960 (9th Cir. 2017). “40 C.F.R. § 49.3 ; see also id. § 49.4. “Tribes may choose, but are not required, to adopt [TIPs] for their reservations.”
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