EPA seeks public comment on KBIC application for Clean Air Act authorities

The Keweenaw Bay Indian Community is requesting the U.S. Environmental Protection Agency’s approval for non-regulatory authorities under the Clean Air Act.

The EPA has reviewed the tribe’s application and will accept public comments until June 7^th.

The tribe applied to the EPA for “treatment as a state” for Clean Air Act Sections 105 and 505(a)(2) authorities.

If the tribe’s application is approved, the tribe would be eligible to apply for Clean Air Act grants at a lower matching rate to protect and improve air quality on the L’Anse Reservation.

The state of Michigan will also notify the tribe of major air quality permitting actions within 50 miles of reservation boundaries and where source emissions may impact air quality. 

The Clean Air Act and several other environmental laws authorize EPA to treat federally recognized Indian tribes in a similar manner as a state for implementing and managing certain environmental programs. To be eligible, applicants must have:

• a governing body carrying out substantial duties and powers;
• capability to carry out program functions, and
• identification of the borders of the Indian reservation within which management and protection of air resources will be carried out. 

A copy of the complete application, including supporting maps and directions for providing public comments, is available for review on EPA’s public notices website: https://www.epa.gov/mi/keweenaw-bay-indian-community-treatment-state-two-non-regulatory-clean-air-act-programs