42 U.S.C. § 7601 — Administration

(a) Regulations; delegation of powers and duties; regional officers and employees — (1) The Administrator may write regulations needed to carry out duties under this chapter. The Administrator may delegate powers and duties to any EPA officer or employee — except the power to make regulations under section 7607(d) — whenever the Administrator considers it necessary or useful. (2) Within one year of August 7, 1977, the Administrator must issue regulations setting general procedures and policies for regional officers and employees, including the Regional Administrator, to follow when carrying out any such delegation. These regulations must (A) ensure fairness and consistency in the criteria, procedures, and policies the different regions use to implement and enforce the chapter; (B) ensure at least an adequate quality audit of each state's performance and compliance, particularly in reviewing new pollution sources and enforcement; and (C) provide a way to identify and standardize inconsistent or varying criteria, procedures, and policies used by different officers and employees. (b) Detail of Environmental Protection Agency personnel to air pollution control agencies: If an air pollution control agency requests it, EPA personnel may be temporarily assigned to that agency to help carry out this chapter. (c) Payments under grants; installments; advances or reimbursements: Payments under grants made under this chapter may be made in installments, in advance, or by way of reimbursement, as the Administrator decides. (d) Tribal authority — (1) Subject to paragraph (2), the Administrator (A) may treat Indian tribes as states under this chapter, except tribes do not count toward the requirement that at least one-half of one percent of yearly appropriations under section 7405 be available to each state, and (B) may give an Indian tribe grant and contract assistance to help carry out functions under this chapter. (2) The Administrator must issue regulations within 18 months of November 15, 1990 specifying which provisions of this chapter it is appropriate to apply to tribes as if they were states. This treatment is allowed only if (A) the tribe has a governing body that carries out substantial governmental duties and powers; (B) the tribe's functions relate to managing and protecting air resources within its reservation or other areas under its jurisdiction; and (C) the Administrator judges the tribe capable of carrying out those functions consistent with this chapter's terms, purposes, and regulations. (3) The Administrator may issue regulations establishing what tribal implementation plans must contain and how they get approved or disapproved. (4) If the Administrator decides that treating a tribe identically to a state is inappropriate or not practically possible, the Administrator may instead set up, by regulation, another way for the EPA to directly administer those provisions to achieve the same purpose. (5) Until the Administrator issues these tribal regulations, the Administrator may keep providing financial assistance to eligible Indian tribes under section 7405.