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U.S. Code as of:
01/19/04
Section 7601. Administration
(a) Regulations; delegation of powers and duties; regional officers
and employees
(1) The Administrator is authorized to prescribe such regulations
as are necessary to carry out his functions under this chapter. The
Administrator may delegate to any officer or employee of the
Environmental Protection Agency such of his powers and duties under
this chapter, except the making of regulations subject to section
7607(d) of this title, as he may deem necessary or expedient.
(2) Not later than one year after August 7, 1977, the
Administrator shall promulgate regulations establishing general
applicable procedures and policies for regional officers and
employees (including the Regional Administrator) to follow in
carrying out a delegation under paragraph (1), if any. Such
regulations shall be designed -
(A) to assure fairness and uniformity in the criteria,
procedures, and policies applied by the various regions in
implementing and enforcing the chapter;
(B) to assure at least an adequate quality audit of each
State's performance and adherence to the requirements of this
chapter in implementing and enforcing the chapter, particularly
in the review of new sources and in enforcement of the chapter;
and
(C) to provide a mechanism for identifying and standardizing
inconsistent or varying criteria, procedures, and policies being
employed by such officers and employees in implementing and
enforcing the chapter.
(b) Detail of Environmental Protection Agency personnel to air
pollution control agencies
Upon the request of an air pollution control agency, personnel of
the Environmental Protection Agency may be detailed to such agency
for the purpose of carrying out the provisions of this chapter.
(c) Payments under grants; installments; advances or reimbursements
Payments under grants made under this chapter may be made in
installments, and in advance or by way of reimbursement, as may be
determined by the Administrator.
(d) Tribal authority
(1) Subject to the provisions of paragraph (2), the Administrator
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(A) is authorized to treat Indian tribes as States under this
chapter, except for purposes of the requirement that makes
available for application by each State no less than one-half of
1 percent of annual appropriations under section 7405 of this
title; and
(B) may provide any such Indian tribe grant and contract
assistance to carry out functions provided by this chapter.
(2) The Administrator shall promulgate regulations within 18
months after November 15, 1990, specifying those provisions of this
chapter for which it is appropriate to treat Indian tribes as
States. Such treatment shall be authorized only if -
(A) the Indian tribe has a governing body carrying out
substantial governmental duties and powers;
(B) the functions to be exercised by the Indian tribe pertain
to the management and protection of air resources within the
exterior boundaries of the reservation or other areas within the
tribe's jurisdiction; and
(C) the Indian tribe is reasonably expected to be capable, in
the judgment of the Administrator, of carrying out the functions
to be exercised in a manner consistent with the terms and
purposes of this chapter and all applicable regulations.
(3) The Administrator may promulgate regulations which establish
the elements of tribal implementation plans and procedures for
approval or disapproval of tribal implementation plans and portions
thereof.
(4) In any case in which the Administrator determines that the
treatment of Indian tribes as identical to States is inappropriate
or administratively infeasible, the Administrator may provide, by
regulation, other means by which the Administrator will directly
administer such provisions so as to achieve the appropriate
purpose.
(5) Until such time as the Administrator promulgates regulations
pursuant to this subsection, the Administrator may continue to
provide financial assistance to eligible Indian tribes under
section 7405 of this title.
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