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Treatment of Indian Tribes in a Similar Manner as States for Purposes of Sections of the Clean Water Act (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) The Law Library presents the complete text of the Treatment of Indian Tribes in a Similar Manner as States for Purposes of Sections of the Clean Water Act (US Environmental Protection Agency Regulation) (EPA) (2018 Edition). Updated as of May 29, 2018 In section 518(e) of the Clean Water Act (CWA), Congress authorized the Environmental Protection Agency (EPA) to treat eligible federally recognized Indian tribes in a similar manner as a state for purposes of administering section 303 and certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating this authorization. EPA has issued regulations establishing a process for federally recognized tribes to obtain treatment in a similar manner as states (TAS) for several provisions of the CWA; for example, 53 tribes have obtained TAS authority to issue water quality standards under CWA section 303(c). EPA has not yet promulgated regulations expressly establishing a process for tribes to obtain TAS authority to administer the water quality restoration provisions of CWA section 303(d), including issuing lists of impaired waters and developing total maximum daily loads (TMDLs), as states routinely do. EPA is now remedying this gap. By establishing regulatory procedures for eligible tribes to obtain TAS for the CWA Section 303(d) Impaired Water Listing and TMDL Program, this final rule enables eligible tribes to obtain authority to identify impaired waters on their reservations and to establish TMDLs, which serve as plans for attaining and maintaining applicable water quality standards (WQS). The rule is comparable to similar regulations that EPA issued in the 1990s for the CWA Section 303(c) WQS and CWA Section 402 and Section 404 Permitting Programs, and includes features designed to minimize paperwork and unnecessary reviews. This book contains: - The complete text of the Treatment of Indian Tribes in a Similar Manner as States for Purposes of Sections of the Clean Water Act (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) - A table of contents with the page number of each section
Revised Interpretation of Clean Water Act Tribal Provision - Final Interpretive Rule (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) The Law Library presents the complete text of the Revised Interpretation of Clean Water Act Tribal Provision - Final Interpretive Rule (US Environmental Protection Agency Regulation) (EPA) (2018 Edition). Updated as of May 29, 2018 Section 518 of the Clean Water Act (CWA), enacted as part of the 1987 amendments to the statute, authorizes EPA to treat eligible Indian tribes with reservations in a manner similar to states (TAS) for a variety of purposes, including administering each of the principal CWA regulatory programs and receiving grants under several CWA authorities. Since 1991, EPA has followed a cautious interpretation that has required tribes, as a condition of receiving TAS regulatory authority under section 518, to demonstrate inherent authority to regulate waters and activities on their reservations under principles of federal Indian common law. The Agency has consistently stated, however, that its approach was subject to change in the event of further congressional or judicial guidance addressing tribal authority under CWA section 518. Based on such guidance, EPA in the interpretive rule we are finalizing today concludes definitively that section 518 includes an express delegation of authority by Congress to Indian tribes to administer regulatory programs over their entire reservations, subject to the eligibility requirements in section 518. This reinterpretation streamlines the process for applying for TAS, eliminating the need for applicant tribes to demonstrate inherent authority to regulate under the Act and allowing eligible tribes to implement the congressional delegation of authority. The reinterpretation also brings EPA's treatment of tribes under the CWA in line with EPA's treatment of tribes under the Clean Air Act, which has similar statutory language addressing tribal regulation of Indian reservation areas. This interpretive rule does not revise any regulatory text. Regulatory provisions remain in effect requiring tribes to identify the boundaries of the reservation areas over which they seek to exercise authority and allowing the adjacent state(s) to comment to EPA on an applicant tribe's assertion of authority. This rule will reduce burdens on applicants associated with the existing TAS process and has no significant cost. This book contains: - The complete text of the Revised Interpretation of Clean Water Act Tribal Provision - Final Interpretive Rule (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) - A table of contents with the page number of each section
Nonattainment New Source Review (NSR) (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) The Law Library presents the complete text of the Nonattainment New Source Review (NSR) (US Environmental Protection Agency Regulation) (EPA) (2018 Edition). Updated as of May 29, 2018 The EPA is finalizing revisions to the regulations governing the nonattainment new source review (NSR) program mandated by section 110(a)(2)(C) of the Clean Air Act (CAA or Act). These revisions implement changes to the preconstruction review requirements for major stationary sources in nonattainment areas in interim periods between designation of new nonattainment areas and adoption of a revised State Implementation Plan (SIP). The revisions conform the nonattainment permitting rules that apply during the SIP development period following nonattainment designations before SIP approval to the Federal permitting rules applicable to SIP-approved programs. The changes are intended to provide a consistent national program for permitting major stationary sources in nonattainment areas under section 110(a)(2)(C) and part D of title I of the Act. In particular, these changes conform the regulations to the NSR reform provisions that EPA promulgated by notice dated December 31, 2002, except that these changes do not include the NSR reform provisions for "clean units" or "pollution control projects," which the U.S. Court of Appeals for the D.C. Circuit vacated in New York v. EPA, 413 F.3d 3 (DC Cir. 2005). In addition, these changes include an interim interpretation of the NSR reform provision for a "reasonable possibility" standard for recordkeeping and reporting requirements, in accordance with that court decision. This interim interpretation to the "reasonable possibility" standard applies for appendix S purposes, pending the completion of rulemaking to develop a more complete interpretation. This book contains: - The complete text of the Nonattainment New Source Review (NSR) (US Environmental Protection Agency Regulation) (EPA) (2018 Edition) - A table of contents with the page number of each section
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.