Policy Resource Kits 

Policy Resource Kits 

NTAA Policy Resource Kits

The Policy Resource Kits (PRKs) linked below were crafted to alert NTAA Member Tribes and other Tribal Air Offices about important U.S. EPA & Federal Agencies’ proposed rules, and provide tools for Tribes to use in submitting informed comments on U.S. EPA actions. PRKs include fact sheets, official NTAA comments, a Tribal template letter and other resources for Tribes to use in submitting their own comments.

Current NTAA
Policy Resource Kits

NTAA’s PRK for EPA’s Revisions to Prevention of Significant Deterioration (PSD) and Nonattainment New Source Review (NNSR): Regulations Related to Project Emissions Accounting

The U.S. Environmental Protection Agency (EPA) is soliciting input for a proposal that would revise the rules for project emissions accounting used for determining whether a project modification will require a new source review (NSR) permit. Project emissions accounting includes the process and the calculations stationary sources use to determine whether NSR applies at an existing facility due to a physical change or a change in the method of operation there. The project emissions accounting process requires sources to determine whether the modification will result in an emissions increase that triggers NSR. More information, including the importance for Tribes, can be found in the fact sheet below. You can also learn more about the proposed rule on the EPA’s New Source Review Reform website.

Comments on this proposed rule are due to EPA by July 2, 2024 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2022-0381 (note that the Docket ID was changed from a prior ID number).

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A two-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Comment Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK on Resources for Tribes on new funding from the Inflation Reduction Act (IRA)

Recently, Congress passed and President Biden signed into law the Inflation Reduction Act (IRA). The IRA allocates over $386 billion for new climate, clean air and clean energy funding, some of which is directed to federally-recognized Tribes. The total $386 billion is broken down this way over the the next 10 years:

(2022-2031)
Energy and Climate $386 billion
Clean Electricity Tax Credits $161 billion
Air Pollution, Hazardous Materials, Transportation and Infrastructure $40 billion
Individual Clean Energy Incentives $37 billion
Clean Manufacturing Tax Credits $37 billion
Clean Fuel and Vehicle Tax Credits $36 billion
Conservation, Rural Development, Forestry $35 billion
Building Efficiency, Electrification, Transmission, Industrial, DOE Grants and Loans $27 billion
Other Energy and Climate Spending $14 billion

Of these funds, the U.S. Senate Committee on Indian Affairs has identified in this fact sheet, $720 million directed towards Tribes with:

  •  $235 million for Tribal climate resilience, including fish hatchery operations and maintenance;
  •  $225 million for the development of Tribal high-efficiency electric home rebate programs;
  •  $150 million for Tribal home electrification;
  •  $75 million for the Tribal Energy Loan Guarantee Program and $20 billion in allowable loan guarantees;
  •  $25 million for Native Hawaiian climate resilience; and
  •  $12.5 million for Tribal emergency drought relief.

NTAA Resources

  • NTAA IRA Fact Sheet for Tribes to distribute.
  • NTAA Tribal Template Letter to U.S. EPA to respond to Janet McCabe’s Invitation regarding the IRA on 10.28.22. The comment deadline is December 27.
  • NTAA’s Policy Advisory Committee member Pilar Thomas recently published this White Paper with her summary of the IRA and its provisions related to Tribal governments.

Additional Resources

Closed NTAA
Policy Resource Kits

NTAA’s PRK for EPA’s Review of the Secondary NAAQS for Oxides of Sulfur, Oxides of Nitrogen, and Particulate Matter

On April 3, 2024, the EPA proposed to revise the secondary National Ambient Air Quality Standards (NAAQS) for oxides of sulfur (SOx) and to retain the secondary standards for oxides of nitrogen (N oxides) and particulate matter (PM). The EPA sets secondary standards to protect the public welfare against adverse effects – including ecological effects such as damage to vegetation – caused by certain air pollutants. The EPA last reviewed the secondary standards for ecological effects of SOx and N oxides in 2012, and PM in 2013. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by June 14, 2024 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2014-0128.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Comment Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Proposed Amendments to Large Municipal Waste Combustor Standards

In December 2023, the EPA proposed to amend its Standards of Performance for New Stationary Sources and Emissions Guidelines (EG) for Large Municipal Waste Combustors (LMWCs). The current proposal constitutes a “re-evaluation” of maximum achievable control technology (MACT) standards for LMWCs.

The EPA first promulgated emissions standards for LMWCs pursuant to the Clean Air Act in 1995. Emissions standards were revised and strengthened in 2006. The current proposal seeks to modify and strengthen current emissions standards and practices once again for both new and existing LMWCs to reflect technology advancements and concurrently to mitigate air pollutant impacts on public health. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by March 25, 2024 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR- 2017-0183.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for Inflation Reduction Act Dockets

The EPA is soliciting comments regarding the Inflation Reduction Act (IRA) in six different dockets specific to IRA programs. NTAA has created a template letter that Tribes can use to provide comments. NTAA thinks it will be helpful if EPA hears from as many Tribes as possible in each of the dockets.

Comments are due to EPA by January 18, 2023 using the Federal Rulemaking Portal under the following dockets.

Docket ID: EPA-HQ-OAR-2022-0873 (Climate pollution reduction grants)
Docket ID: EPA-HQ-OAR-2022-0874 (Transportation programs)
Docket ID: EPA-HQ-OAR-2022-0875 (Methane emissions reduction program)
Docket ID: EPA-HQ-OAR-2022-0876 (Funding to address air pollution)
Docket ID: EPA-HQ-OAR-2022-0877 (Funding for Implementation of American Innovation and Manufacturing (AIM) Act)
Docket ID: EPA-HQ-OAR-2022-0878 (Low Emissions Electricity Program and GHG Corporate Reporting)

NTAA’s PRK for EPA’s Pre-Proposal to Regulate Greenhouse Gases from the Power Sector

Recently, EPA requested comments regarding their intent to address power sector rules related to:

  1. Greenhouse Gas (GHG) New Source Performance Standards (NSPS) for New,  Modified, and Reconstructed Fossil Fuel-Fired EGUs under CAA section 111(b);
  2. Developing Proposed GHG Emission Guidelines Under CAA Section 111(d); and
  3. Review of the Residual Risk and Technology Review (RTR) for the Mercury and Air Toxics Standards (MATS)

 You can learn more from EPA here and at this link: Docket ID: EPA-HQ-OAR-2022-0723

The U.S. Environmental Protection Agency (EPA) announced the opening of a non-rulemaking docket for public input. The purpose of this docket is to solicit public input on the Agency’s efforts to reduce emissions of greenhouse gases from new and existing fossil fuel-fired electric generating units (EGUs). The goal of this non-rulemaking docket is to gather perspectives from a broad group of stakeholders. This docket will be open for public comment until March 27, 2023. The EPA will provide a separate opportunity for public comment on any future proposed rulemaking(s) for EGUs through a formal comment period. A formal comment period will be announced in the Federal Register notice of any future proposed rulemaking(s).

EPA is asking five questions related to their pre-proposal that can be read here. 

You can submit your comments to EPA via this link by March 27, 2023. Learn more how to submit comments to EPA here. 

NTAA’s PRK for Tribes to use to submit their comments to EPA by the comment deadline of March 27, 2022. This is a pre-proposal opportunity for public comment. EPA will be seeking another round of public comment and Tribal Consultation when a draft rule is released by EPA later in 2023.

EPA’s proposing a 3-part rule that addresses GHG Standards and Guidelines under Sections 111(b) and 111(d) of the Clean Air Act as well as updating EPA’s Mercury and Air Toxics Residual Risk and Technology Review.

NTAA has long advocated for strong emission controls on GHG emissions that impact climate change. Tribes and Tribal Air Quality will only benefit the faster we can collectively reduce GHG emissions from existing and new stationary stories. 

NTAA’s PRK 

  1. NTAA Tribal Template Letter  (Use this template word document that includes NTAA’s  comments that will be submitted by the comment period deadline of March 27, 2023).
  2. NTAA Fact Sheet (Use this fact sheet to let your community members and leadership about this important policy action by EPA).
  3. NTAA talking points shared with EPA Leadership asking NTAA several questions related to the power sector:
    1. February, 2022
    2. August, 2022

EPA Resources

  1. Draft EPA White Paper on Available and Emerging Technologies for Reducing Greenhouse Gas Emissions from Combustion Turbine Electric Generating Units
  2. EPA is asking five questions related to their pre-proposal that can be read here. 
  3. You can submit your comments to EPA via this link by March 27, 2023.

Additional Resources

NTAA’s PRK for EPA’s Proposed Revision of the PM2.5 National Ambient Air Quality Standards

The EPA is soliciting input for a proposal that would revise the particulate matter 2.5 standards. The EPA is required to revise ambient air quality concentration standards for air pollutants every five years. You can learn more about the proposed rule on the EPA’s NAAQS for PM website.

Comments on this proposed rule are due to EPA by March 28, 2023 using the Federal Rulemaking Portal. The Docket ID is EPA-HQ-OAR-2015-0072.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A one-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.

NTAA’s PRK for EPA’s Proposed National Emission Standards for Hazardous Air Pollutants: Ethylene Oxide Emissions Standards for Sterilization Facilities Residual Risk and Technology Review

On April 11, 2023, EPA proposed to strengthen emission standards for the 86 commercial sterilizers that are currently operating across the country as well as for new sterilizers.

Comments on this proposed rule are due to EPA by June 27, 2023 using the Federal Rulemaking Portal. The Docket ID is: EPA-HQ-OAR-2019-0178.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A one-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Proposed Multi-Pollutant Emissions Standards for Model Years 2027 and later Light-Duty and Medium-Duty Vehicles

In April 2023, the EPA announced a proposal to revise emissions standards for light-duty and medium-duty vehicles sold in the U.S. with model years 2027 and later. Emissions standards on new motor vehicles are revised periodically to reflect improved motor vehicle technologies, gasoline and diesel fuel quality, and consumer demands. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by July 5, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2022-0829.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A two-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Proposed National Emission Standards for Hazardous Air Pollutants: Coal- and Oil- Fired Electric Steam Generating Units Review

The Clean Air Act authorizes the EPA to promulgate emissions standards for combustion byproducts. Pursuant to CAA Section 112, the EPA adopted National Emission Standards for Hazardous Air Pollutants for Coal- and Oil-Fired Electric Steam Generating Units in February 2012. These requirements are known as the Mercury and Air Toxic Standards (MATS). As technologies and operating practices have been developed, the EPA is proposing that modifications to the MATS are appropriate. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by June 23, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2018-0794.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Proposed Synthetic Organic Chemical Manufacturing Industry: Organic National Emission Standards for Hazardous Air Pollutants (NESHAP) – 40 CFR 63 Subparts F, G, H, I

On April 6, 2023, the EPA issued a proposal that would reduce emissions of hazardous air pollutants (also called “air toxics”) including the highly toxic chemicals ethylene oxide (EtO) and chloroprene. The regulations apply to a variety of equipment and processes used to make synthetic organic chemicals and a variety of processes used in polymers and resins production, including neoprene production. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by June 26, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2022-0730.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A two-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Proposed National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing Amendments

The EPA’s proposal includes two primary actions: 1) Revising the National Emissions Standards for Air Toxics, and 2) reducing emissions of mercury and setting standards for the acid gasses hydrochloric acid (HCL) and hydrogen fluoride (HF). The EPA is evaluating multiple regulations options on which Tribes can comment. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by June 29, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2017-0664.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Revisions to the 2011 Policy on Consultation and Coordination with Indian Tribes & 2016 Guidance for Discussing Tribal Treaty or Similar Rights

In response to President Biden’s January 26, 2021 “Memorandum on Tribal Consultation and Strengthening Nation-to-Nation Relationships,” the EPA is revising its 2011 EPA Policy on Consultation and Coordination with Indian Tribes (“Consultation Policy”) and its Guidance for Discussing Tribal Treaty Rights (“2016 Treaty Rights Guidance”). The revisions are intended to improve EPA’s implementation of Executive Order 13175: Consultation and Coordination with Indian Tribal Governments (2000). More information can be found in the fact sheet below or on the EPA’s Tribal Consultation Opportunities Tracking System website.

The Consultation Policy defines when and how consultation takes place, designates EPA consultation contacts to promote consistency and coordination of the process, and establishes management oversight and reporting to ensure accountability and transparency. The 2016 Treaty Rights Guidance was designed to provide steps for EPA to take during Tribal consultation on EPA actions that may affect specific geographic areas when Tribal treaty rights may exist, or when a resource-based treaty right lies within those areas. The Guidance is designed to ensure that EPA’s actions do not conflict with treaty rights and to ensure that EPA further protects treaty rights where possible under its authorities.

Comments are due by July 21, 2023 via email to Zoe Ruge (ruge.zoe@epa.gov) using the subject line “EPA Consultation Tribal Comments.”

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding these revisions.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the revisions.

NTAA’s PRK for EPA’s Proposed Amendments to Air Toxics Standards for Plywood and Composite Wood Products

National Emission Standards for Hazardous Air Pollutants (NESHAP) require that Plywood and Wood Composite Products (PCWP) manufacturing facilities limit emissions of identified hazardous air pollutants by installing, operating, and maintaining maximum achievable control technology (MACT). In two subsequent legal filings versus the EPA, the MACT standards were challenged as inadequate. In response, on May 18, 2023, the EPA proposed amendments to the emissions standards for PCWPs. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by July 18, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR-2023-0243.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Supplemental Proposed National Emission Standards for Hazardous Pollutants: Primary Copper Smelters

On July 13, 2023, the EPA proposed to update and expand the 2022 proposal of the National Emission Standards for Hazardous Air Pollutants (NESHAP) Risk and Technology Review (RTR) for Primary Copper Smelting major sources (subpart QQQ). The Primary Copper Smelting source category includes two major sources: ASARCO in Hayden, Arizona and Freeport in Miami, Arizona. Facilities in this source category mainly emit lead, arsenic, other Hazardous Air Pollutant (HAP). This rule is a supplemental proposal to the 2022 proposal which proposed particulate matter emission limitations as a surrogate for metal HAPs. The EPA is now proposing amendments that would enhance the effectiveness of the major source standards by improving compliance and implementation. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by August 23, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR- 2020-0430.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A three-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

NTAA’s PRK for EPA’s Proposed National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing Facilities Technology Review

On July 12, 2023, the U.S. Environmental Protection Agency (EPA) proposed to amend the 2003 National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel (II&S) Manufacturing Facilities, which were previously amended when the EPA finalized the Residual Risk and Technology Review for this source category on July 23, 2020. These proposed amendments address fugitive emissions of Hazardous Air Pollutants (HAP), metals, PM 2.5, and other unregulated HAP including mercury. The EPA is also proposing fenceline measurements for chromium as a surrogate for other HAP metals, including arsenic and lead. More information, including the importance for Tribes, can be found in the fact sheet below.

Comments on this proposed rule are due to EPA by September 14, 2023 using the Federal Rulemaking Portal or by email to a-r-Docket@epa.gov. The Docket ID is: EPA-HQ-OAR- 2002-0083.

NTAA’s PRK

  1. NTAA Tribal Template Letter – A template Word document that includes NTAA’s comments that can be used by Tribes to submit to the EPA.
  2. NTAA Fact Sheet – A two-page fact sheet that can be used by Tribes to inform community members and leadership regarding this proposed rule.
  3. NTAA Response Letter – The official letter NTAA submitted to the EPA in response to the proposed rule.

President Biden signed the Inflation Reduction Act into law on August 16, 2022. On October 28, 2022, the EPA Deputy Administrator invited Tribal Leaders to comment on specific IRA programs. NTAA created a fact sheet to assist Tribes in their response to this invitation.

On July 14, 2022 the administrator signed a comment letter on U.S. EPA’s Draft National Program Guidance for FY 2023-2024. This was concurrent with the Tribal Consultation period. The Office of the Chief Financial Officer’s (OCFO) Technical Guidance: FY 2023-2024 National Program Guidances provides instructions and milestones for the development of the National Program Guidances that are issued by EPA’s five major National Program Offices—Air and Radiation; Water; Land and Emergency Management; Chemical Safety and Pollution Prevention; Enforcement and Compliance Assurance—along with the Office of Congressional and Intergovernmental Relations, and the Office of International and Tribal Affairs. This update replaced the March 11, 2022 Technical Guidance. More information here.

BELOW ARE MAJOR ELEMENTS OF THE FY 2023-2024 NATIONAL PROGRAM GUIDANCE PROCESS

  1. Early Engagement with States, Tribes, and Territories (June – October 2021)
  2. Consultation and Coordination with Federally Recognized Tribes
  3. Alignment of National Program Guidances and Grant Work Planning
  4. FY 2023 National Program Guidance Measures

NTAA created these resources for Tribes:

On February 28, 2022, the Administrator signed a proposed Federal Implementation Plan (FIP) to assure that the 26 states identified in the proposal do not significantly contribute to problems attaining and maintaining the 2015 Ozone National Ambient Air Quality Standards (NAAQS) in downwind states.  This action, known as a “Transport Rule” would help states fully resolve their Clean Air Act “good neighbor” obligations for the 2015 Ozone NAAQS.

The rule would establish an allowance-based ozone season trading program with nitrogen oxides (NOX) emissions budgets for fossil fuel-fired power plants in 25 states. The rule would also establish NOX emissions limitations for certain other industrial stationary sources in 23 states. The comment deadline was June 21, 2022.

NTAA created these resources for Tribes on the Proposed Rule:

The Environmental Protection Agency (EPA) proposed a rule that would reduce air pollution from highway heavy-duty vehicles and engines, including ozone, particulate matter, and greenhouse gases. This proposal would change the heavy-duty emission control program—including the standards, test procedures, useful life, warranty, and other requirements—to further reduce the air quality impacts of heavy-duty engines across a range of operating conditions and over a longer period of the operational life of heavy-duty engines.

On April 14, NTAA participated in a public hearing on the first of these proposed regulations. These comments supported a rule requiring that heavy-duty vehicles be “as clean as possible” – EPA’s stated commitment in describing the proposed rule. You can read NTAA Chairwoman, Syndi Smallwood’s comment during the Public Testimony hearing held by the EPA. A comment letter written by NTAA is below as well as a Tribal Template Letter for your Tribe’s convenience. The comment deadline was May 16, 2022.

NTAA created these resources for Tribes on the Proposed Rule:

On January 11, 2022, EPA Proposed revised National Emissions Standards for Hazardous Air Pollutants (NESHAP) for Primary Copper Smelters

As required by the Clean Air Act (CAA), on January 11, 2022, the U.S. EPA proposed a rule that would revise the NESHAPs for Primary Copper Smelters for both major and area sources in the category. EPA proposed these revised standards after conducting the Residual Risk and Technology reviews required 8 years after EPA establishes the original NESHAP. This rule will directly impact Tribes in Arizona and will have national implications for all Tribes. The two major and one area source facilities are located near the San Carlos Apache Reservation and the Ute Indian Tribe. The residual risk analysis indicates that the risk from these two smelters is unacceptable for public health and requires additional controls to reduce the risks.

  • NTAA created a Fact Sheet on this proposed rule to share with your Tribal leadership and/or your community.
  • Here is NTAA’s Comment Letter that was submitted to the U.S. EPA on February 25, 2022.

EPA’s Draft New Source Performance Standards Updates, Emissions Guidelines to Reduce Methane and Other Harmful Pollution from the Oil and Natural Gas Industry

EPA held a public hearing on this draft rule to provide the public the opportunity to present comments and information on the Agency’s proposed New Source Performance Standards and Emissions Guidelines for the oil and natural gas industry. The proposal would expand and strengthen emissions reduction requirements that are currently on the books for new, modified and reconstructed oil and natural gas sources, and would require states to reduce methane emissions from hundreds of thousands of existing sources nationwide for the first time!

The comment period closed on January 31st, 2022.

You can read NTAA’s letter submitted on January 31st, 2022 here.

Additional Resources on this rule:

NTAA hosted an informational webinar on January 19, 2022 that you can view below:

The following slide shows were used in the webinar shown above:

Moms Clean Air Force Presentation

Environmental Defense Fund (EDF) 

NTAA’s Presentation

NTAA’s PRK for Tribes includes:

  • NTAA Fact Sheet on EPA’s Proposed Rule on Emissions Guidelines to Reduce Methane from the Oil and Natural Gas Industry
  • NTAA published a Template Letter for Tribes to use to comment
  • NTAA’s comment letter will be submitted on the comment deadline.

Oil and Gas Virtual Hearing: 

The NTAA has been working with California Tribes and the California Air and Resource Board to create a PRK on information regarding Supplemental Environmental Projects, known as SEPs. A SEP is a settlement against businesses or individuals for failure to comply with environmental laws (i.e. Clean Air Act criteria pollutants) and are resolved through settlement agreements. As part of a settlement, an alleged violator may propose to fund a project to provide a tangible environmental or public health benefit to the affected community or the environment. SEPs can help improve public health, reduce pollution, increase environmental compliance, and bring public awareness to neighborhoods most burdened by environmental harm.

Although there are both federal and state agencies with SEP policies, CARB is the lead state agency that oversees all air pollution control efforts in California to attain and maintain health-based air quality standards. Below are SEP templates and resources that CA Tribes can use to submit to CARB for final approval!

Resources for Tribes:

NTAA Template Documents for Tribes:

NTAA and CARB spoke at the 2021 Tribal EPA Region 9 Annual Conference and provided resources and their presentation deck. See below:

For more information on CARBs SEP Program, visit https://bit.ly/CARBSEPS or contact CARB at SEP@arb.ca.gov.

The EPA is provided the attached “ Revised DRAFT Guidance for Ozone and Fine Particulate Matter Permit Modeling (pdf) (09/20/2021, 454-P-21-001) ” (142 pp, 4.1 MB, 09-20-2021, 454-P-21-001) to the state, local, and Tribal air agencies, as well as the public, for consideration, review and comment. This guidance document reflects the EPA’s recommendations for how a stationary source seeking a PSD permit may demonstrate that it will not cause or contribute to a violation of the National Ambient Air Quality Standards for ozone (O3) and fine particulate matter (PM2.5) and PSD increments for PM2.5, as required under Section 165(a)(3) of the Clean Air Act and 40 CFR sections 51.166(k) and 52.21(k).

The deadline for comment was Friday, November 19, 2021. Following the close of the comment period, the EPA will take into consideration all the feedback and comments submitted and will further engage with the regulatory air quality modeling community on further clarifications, potential amendments, and considerations for additions to the final guidance documentation.

The NTAA created a template letter for Tribes to use to comment. The NTAA also made comment on the revised draft, click here to view our comment letter!

President Biden’s Executive Order 13990, Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, directed the U.S. Environmental Protection Agency (EPA) to review and consider proposing new regulations to establish comprehensive standards of performance and emission guidelines for methane and volatile organic compound (VOC) emissions from new and existing operations in the oil and gas sector, including the exploration and production, transmission, processing, and storage segments, by September 2021.

The deadline for comment was on July 30, 2021. A Fact Sheet was created to help folks better understand the Executive Order and the history behind the U.S. and the upcoming Oil and Methane Rule. A Template Letter was also created for Tribal use to modify and submit comments.

The EPA is reconsidering the previous administration’s Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule. The EPA has broken this reconsideration into two parts:

  1. SAFE-1, which includes interpretations that led to the withdrawal of the California waiver, and
  2. SAFE-2, which will address the fuel efficiency standards (and is expected to be proposed in July 2021).

The deadline for comment was July 6, 2021. The NTAA developed a Fact Sheet, Tribal Template Letter for Tribes to utilize when commenting. Click the link to view NTAA’s Comment Letter. In addition, a public hearing was held on June 2, 2021 and the NTAA placed oral comments.

EPA’s Indoor airPLUS Version 2 updates the original specifications of the Indoor airPLUS program, which is a voluntary partnership and labeling program for new homes to improve IAQ by requiring builders to use practices and products that minimize airborne pollutants and contaminants. After the public comment and revisions period, EPA anticipates implementation of the New Construction Specifications in Fall 2021, with requirements for all new projects by mid to late 2022. EPA also intends to expand this program in a future update to include existing homes. Clink the link to NTAA’s Fact Sheet to learn more!

The deadline for comment was March 17, 2021. NTAA provided a template letter for Tribes to use to comment on this update. To learn more about, visit the EPA website.

NTAA Indoor airPLUS Version 2 Fact Sheet

NTAA Tribal Template Letter

On October 15, 2020, EPA proposed the Revised Cross-State Air Pollution Rule (CSAPR) Update to fully address 21 states’ outstanding interstate pollution transport obligations for the 2008 ozone National Ambient Air Quality Standards (NAAQS). Starting in the 2021 ozone season, the proposed rule would require additional emissions reductions of nitrogen oxides (NOX) from power plants in 12 states, improving air quality for millions of Americans.

EPA proposed to issue new or amended Federal Implementation Plans (FIPs) to revise emission budgets in 12 states to address air quality impacts of the interstate transport of ozone air pollution.

Learn about this issue by downloading NTAA’s Fact Sheet on the CSAPR Update here. 

NTAA Template Letter on CSAPR

NTAA Comment Letter on CSAPR

The deadline for this comment period closed on December 14, 2020, and it was published in the Federal Register as Docket ID No. EPA-HQ-OAR-2020-0272

The EPA is proposed standards for greenhouse gas emissions for certain new commercial airplanes. The proposed standards would match the standards that were adopted by the International Civil Aviation Organization (ICAO) in 2017. The NTAA has developed a Fact Sheet, a Tribal Template Comment Letter, and an NTAA Comment Letter that helped folks respond to this proposal. Additionally, the NTAA Mobile Sources Work Group heard a presentation on this proposal from the Office of Transportation and Air Quality (OTAQ) on September 3, 2020, which is posted below.

The deadline for this comment period was October 19, 2020 11:59pm ET and was published in the Federal Register as Docket ID No. EPA-HQ-OAR-2018-0276.

OTAQ’s Presentation to the NTAA Mobile Sources Work Group:

On July 13, 2020, the U.S. Environmental Protection Agency (EPA) proposed to retain, without revision the primary and secondary ozone National Ambient Air Quality Standards (NAAQS). The standards, established in 2015, are currently set at 70 parts per billion (ppb), in terms of a 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentrations. EPA’s proposal is based on its judgement that the current NAAQS protect the public health, including the health of at-risk populations with asthma, and protect the public welfare from adverse effects. NTAA recommends that the EPA set the standards to 60 ppb. The deadline for comment was October 1, 2020 11:59pm ET .

NTAA Comment letter submitted on October 1, 2020

NTAA NAAQS for Ground Level Ozone Fact Sheet

NTAA Tribal Template Comment Letter for Ozone NAAQS 

NTAA also partnered with the California Air Resources Board to host an informational webinar for Tribes on EPA’s Proposed NAAQS Review of Ground Level Ozone on September 15th at 2pm ET. Click the link below to download the presentation slides.

NTAA Informational Webinar Presentation on Ozone NAAQS Review 9.15.20

You can view a recording of the webinar here:

EPA’s response to the NTAA comment letter.

EPA sought input on whether and how to set national standards agency-wide for how costs and benefits are calculated when EPA performs economic analyses of the impacts of their actions. These analyses are known as Benefit-Cost Analyses, or BCA. This proposed rule was the next step in the rulemaking process, and applies specifically to BCA for future regulations under the Clean Air Act (CAA), as opposed to agency-wide.

The Proposed Rule included three elements:

  1. EPA shall prepare a BCA for all future significant regulations under the CAA
  2. BCAs are to be developed using the best available scientific information in accordance with best practices from the economic, engineering, physical, and biological sciences
  3. Additional procedural requirements in the presentation of the BCA results, while maintaining the standard practices of measuring net benefits consistent with EO 12866

This proposal was published in the Federal Register on June 11, 2020 and applied specifically to Benefit/Cost Analyses (BCA) for future regulations under the Clean Air Act (CAA). The deadline for comments was August 3, 2020.

NTAA Increasing Consistency and Transparency in CBA Fact Sheet

NTAA submitted a comment to EPA

You can also watch an informational webinar explaining the details of this Proposed Rule.

On April 14, 2020, the EPA announced its proposal to retain the NAAQS for particulate matter (PM) without changes. This includes both fine (PM2.5) and coarse (PM10) particles. Particles are measured in micrograms per cubic meter (ug/m3). The EPA is required to review these standards every five years and revise them, if appropriate, to provide the required protection for public health and welfare.

The NTAA is concerned that maintaining the current standards may not be stringent enough to protect the most vulnerable members of society, including those with pre-existing health conditions like COPD, heart disease, asthma and diabetes, including many citizens of Indian Country, who have a higher occurrence of these conditions. Recent scientific evidence links air pollution to lethal outcomes from respiratory diseases such as COVID-19. The deadline for comments was June 29, 2020.

On June 29, 2020, NTAA Chairman Wilfred J. Nabahe submitted a letter concerning EPA’s proposal to retain the current National Ambient Air Quality Standards (NAAQS) for particulate matter (PM). On July 16, 2020 the EPA responded with a signed copy of the Agency’s response to Mr. Nabahe’s letter below.

EPA’s Response to the National Tribal Air Association’s June 29, 2020 Letter

The comments and recommendations expressed by NTAA have been forwarded to the docket for this rulemaking (Docket ID No. EPA-HQ-OAR-2015-0072) and will be considered as EPA moves forward in its decision-making process. EPA intends to issue a final rule on the PM NAAQS in December 2020.

NTAA published a comment letter and Tribal Template Letter for Tribes to respond to EPA’s proposed amendment to the National Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters and Forced-Air Furnaces. While the 2015 NSPS would have required retailers to stop selling Step One wood heaters, due to the nation-wide spread of the COVID-19 virus, the proposed amendments, if finalized, would provide retailers more time to sell Step 1-certified residential wood heating devices. The deadline for comment was on July 6, 2020. More information can be found on EPA’s website here.

NTAA Template Letter from Tribal Leader to U.S. EPA

NTAA Comment Letter on Wood Stove Extension Proposal 

This is a supplement to EPA’s 2018 proposal, Strengthening Transparency in Regulatory Science. This SNPRM seeks to define several terms from the original proposal, and expand the reach of the proposal. This will have the effect of limiting the studies that have been, or will be, done on the impacts of air pollution, potentially leading to laxer environmental standards. The comment period ended on May 18, 2020. Click here to see NTAA’s request for a comment period extension that was granted.

On January 10, 2020, the White House Council on Environmental Quality (CEQ) issued a notice of proposed rulemaking (NPRM) in the Federal Register to update its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA).  The White House claims these updates would modernize and clarify the regulations to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in connection with proposals for agency action and would also reduce paperwork and delays and promote better decisions in accordance with section 101 of NEPA. Comments were due on March 10, 2020. For additional information, including information on upcoming public hearings in Denver, CO and Washington, DC, visit https://www.whitehouse.gov/ceq/nepa-modernization/

NTAA Comment Letter Submitted on 3/10/20

NTAA hosted an informational webinar to better understand these proposed changes to NEPA on Wednesday, February 26. You can view the recorded webinar here and download the presentation here. 

NTAA Tribal Template Letter

Attachment for Tribal Template Letter (Use this pdf if you wish to reference the 2019 NTAA letter mentioned in the first paragraph of the template letter).

NTAA Fact Sheet on CEQ’s Proposal to Update its NEPA Implementing Regulations

EPA is developing a new rulemaking, the Cleaner Trucks Initiative (CTI), to address NOx emissions from new heavy-duty trucks and engines. On January 6, Administrator Wheeler signed an Advance Notice of Proposed Rule (ANPR). EPA is targeting a Notice of Proposed Rulemaking (NPRM) in late Spring 2020, followed by a Final Rulemaking approximately a year later. Comments were due on February 20, 2020 and NTAA’s request for a commen period extension for an additional 60 days was denied. More information can be found on EPA’s Cleaner Trucks Initiative web page here: https://www.epa.gov/regulations-emissions-vehicles-and-engines/cleaner-trucks-initiative

NTAA’s 2.20.20 Comment Letter on CTI

NTAA’s Fact Sheet on CTI

Tribal Template Letter

Attachment A: Recommendations on the Tribal DERA Program

NTAA’s Comment Period Extension Request

EPA’s Presentation to NTAA’s Mobile Sources Work Group on 1/9/2020

The EPA’s Proposed Amendments to Air Toxics Standards for Taconite Iron Ore Processing was published in the Federal Register on September 25, 2019, and has the potential to increase mercury emissions that can then be deposited in water bodies and transmitted to humans who eat fish from that water. Comments are due November 12, 2019. The NTAA has developed this PRK that includes a recording of the informational webinar held on November 1, 2019; a Fact Sheet, which has resources for further information and how to submit comments; and a Tribal Template Letter.

 NTAA Comment Letter [pdf]
 NTAA Fact Sheet [pdf]
 Webinar Recording [mp4]
 Template letter [docx]
 Attachment A [pdf]
 Attachment B [pdf]
 Attachment C [pdf]

Senate Request for Climate Change Policy Recommendations
Thirteen Democratic Senators from both the Indian Affairs Committee and Special Committee on the Climate Crisis sent a request to all American Indian, Alaska Native, and Native Hawaiian Community Leaders for input on the effects of climate change in Tribal communities. In response to the Senate’s request for recommendations on climate change policy, the NTAA is developing a letter and Policy Resource Kit for Tribes to use as a template for their own responses. The deadline for comment is September 13, 2019.

NTAA Response to Senate Request sent on 9/13/19 including Executive Summary and White Paper
 NTAA Executive Summary and White Paper to the Senate Request
 NTAA Fact Sheet
 NTAA Template letter for Tribes [docx]
 Recorded Video of September 4, 2019 NTAA Informational Webinar

The EPA’s Proposed Policy Amendments 2012 and 2016 New Source Performance Standards for the Oil and Natural Gas Industry was published at 84 FR 50244. Additional information such as the public hearing and how to comment can be found here. Comments are due on November 25, 2019. The proposal has two alternatives, a Primary and an Alternate, both of which propose to remove methane as a regulated pollutant, and the Primary proposes removing the “Transportation and Storage” segment from the source category. The NTAA and EPA held a webinar on this proposal on September 18. The NTAA has published a Fact Sheet and a Tribal Template Letter, and will be submitting a Comment Letter for this proposal.

NTAA Comment Letter [pdf]
Template letter [docx]
NTAA Fact Sheet [pdf]
NTAA Recorded Webinar [mp4]
NTAA webinar presentation [pdf]

 EPA webinar presentation on NSPS for Oil and Natural Gas Webinar [mp4]
 EPA webinar Presentation [pdf]

This proposed rule from EPA will allow major sources of hazardous air pollutants to reclassify as area sources if they limit emissions below major source thresholds. This rule withdraws the “once in, always in” policy, which required major sources to remain subject to the Maximum Achievable Control Technology. This reclassification has the potential to lead to increased emissions and decreased ability for Tribes to track sources and comment on pollution that impacts their airsheds. The NTAA published a Fact Sheet and a Tribal Template Letter, and submitted a Comment Letter to EPA. Although the comment period for this proposal closed on September 24, the EPA reopened the public comment period on October 2 for 30 days, through November 1, 2019. The Federal Register notice can be found here. Tribes can continue to use the Tribal Template Letter during this period.

 NTAA Fact Sheet [pdf]
 NTAA Tribal Template Letter [docx]
 NTAA Comment Letter [pdf]

NTAA submitted comments on EPA’s Draft FY 2020-2021 Office of Air and Radiation (OAR) National Program Guidance on May 3, 2019, to the Office of Air and Radiation and the Office of Enforcement and Compliance Assurance. The FY 2020-2021 National Program Guidances are issued under the FY 2018-2022 EPA Strategic Plan. The Draft NPM’s Guidance document is a guide that creates the framework for EPA’s key national programmatic activities for the fiscal years of 2020-2021, based on the President’s Proposed Budget and the agenda set forth by the EPA Administrator. This document has been developed prior to finalization of EPA’s budget. Once the budget is finalized, there may be changes to the document, based on the actual budget. For more information, refer to EPA’s National Program Guidances website.
Click here for the OAR Draft National Program Guidance.

 NTAA NPM Guidance FY20.21 Comment Letter

NTAA has prepared a Policy Resource Kit on EPA’s proposed repeal of the Clean Power Plan. The Policy Response Kit includes NTAA’s comment letter submitted to EPA, a template letter your Tribe can use to submit comments and a basic fact sheet. EPA is accepting comments until April 26, 2018.

EPA will hold three listening sessions in San Francisco, California, Gillette, Wyoming, and Kansas City, Missouri. Details on exact locations and times will be announced on this EPA website.

The CPP established emission guidelines for states to follow in limiting carbon dioxide (CO2) emissions from existing electric generating units (EGUs) approximately 30% below 2005 levels by 2030. EPA is seeking public comment on a proposed repeal of the CPP and will has provided notice of advanced rule making for a replacement for the CPP. Under the Clean Air Act (CAA) and supported by the Supreme Court’s Endangerment Finding, CO2 is considered to be a pollutant and therefore must be regulated by the EPA.

In addition, EPA has prioritized the replacement of the Clean Power Plan and started the process for this replacement. Below you can find the attached comments from the National Tribal Air Association regarding EPA’s Electric Utility Generating Units: Advance Notice of Proposed Rulemaking on State Guidelines for Greenhouse Gas Emissions from Existing Sources. EPA accepted public comments on the CPP replacement’s Advance Notice of Proposed Rulemaking until February 26, 2018. There will be more opportunities to provide comment on any rulemaking that EPA proposes for a CPP replacement. You can learn more here: www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-advance-notice-proposed-0

On October 15, 2018, US Environmental Protection Agency (EPA) released a proposed rule that would amend the Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources published in the Federal Register on June 6, 2016. The Clean Air Act §111 establishes EPA’s authority to develop New Source Performance Standards (NSPS) to control emissions of air pollutants from new and modified stationary sources. The proposal will affect all new or modified oil and gas sources on or near Tribal land that have leaking equipment by allowing industry to delay detecting and repairing leaks thus adversely impacting the health and welfare of Tribal communities. Comments must be received on or before December 17, 2018.

Read the proposed rule here

NTAA’s Fact Sheet on the Proposed Amendments to the 2016 NSPS for the Oil and Natural Gas Industry.
 Click HERE for document. [pdf]
NTAA Tribal Template Letter for NSPS
 Click HERE for document. [docx]
NTAA Comment Letter on NSPS
 Click HERE for document. [pdf]

In July/August, 2018, NTAA sent letters to 19 States, plus the District of Columbia requesting Tribal consultation on State Implementation Plans to Regulate Greenhouse Gas Emissions. In October 2017, the Environmental Protection Agency (EPA) filed notice of its proposal to repeal the Clean Power Plan (CPP). In December 2017, the EPA also issued an Advanced Notice of Proposed Rulemaking (ANPR) to “solicit information from the public about a potential future rulemaking to limit greenhouse gas emissions from existing electricity generating units, commonly called power plants.” Because the EPA now interprets the Clean Air Act (CAA), Sec. 111(d), to defer to the States to establish appropriate standards of performance for existing sources, NTAA sent these letters to indicate Tribes’ interest in working with the State on issues of interest and importance to the Tribes, including the State’s view of establishing standards, the establishment of standards, and outreach to the Tribes.

State Institution Department Person Letters Sent
Alaska Division of Air Quality Department of Environmental Conservation Denise Koch 8/1/18
2/6/19
Arizona Arizona department of Environmental Quality Air Quality Division Timothy Franquist 8/8/18
2/6/19
California California Air Resources Board Office of the Chair Mary Nichols 8/8/18
2/6/19
Connecticut Connecticut Department of Energy and Environmental Protection Air Agency Anne Gobin, Bureau Chief 8/1/18
Delaware Department of Natural Resources & Environmental Control(DNREC) Division of Air Quality Ali Mirzakhalili, P. E. Director 8/7/18
2/6/19
District of Columbia Department of Energy and Environment (DOEE) Director: Tommy Wells
Energy: Teresa Lawrence		 8/7/18
2/6/19
Idaho Idaho Department of Environmental Quality Air Quality Division Air Quality Division Administrator: Tiffany Floyd 8/1/18
2/6/19
Illinois Illinois Environmental Protection Agency The Bureau of Air Alec Messina, Director 8/7/18
2/6/19
Iowa Iowa Department of natural Resources (DRN) Air Quality Bureau Catherine Fitzsimmons 7/27/18
11/27/18
Maine Maine Department of Environmental Protection Air Quality Bureau Bureau Director – Marc Cone 7/27/18
2/6/19
Maryland Department of the Environment Ben Grumbles, Secretary
Hannah Ashenafi, Air Quality		 8/8/18
11/27/18
Massachusetts Massachusetts Environmental Protection
MassDEP		 Air Quality & Climate Action They have several departments
Could not find any director name		 7/27/18
11/27/18
Minnesota Minnesota Pollution Control Agency Commissioner: John Linc Stine
Assistant Commissioner Air Policy:
David Thornton		 8/7/18
2/6/19
Nevada Nevada Division of Environmental Protection Bureau of Air Quality Planning

Bureau of Air pollution Control

 Danilo Dragoni

Lisa Kremer

 8/7/18
2/6/19
New Hampshire New Hampshire Department of Environmental Services Air Resources Division Craig Wright, Director 7/27/18
11/27/18
New Mexico New Mexico Environment Department Air Quality Bureau 8/1/18
2/6/19
New York NYS Department of Environmental Conservation Division of Air Resources (DAR) Director of Department: DJ Evans 8/7/18
2/6/19
Oregon Department of Environmental Quality Air Quality Director: Richard Whitman
AQ division Administrator: Ali Mirzakhalili		 8/1/18
2/6/19
Rhode Island Department of Environmental Management (DEM) Air Resources Laurie Grandchamp, Chief 7/25/18
11/27/18
Vermont Department of Environmental Conservation Air Quality and Climate Division Director: Heidi Hales 7/25/18
11/27/18
Virginia The Virginia Department of Environmental Quality (DEQ) Air Division Director of Air Division: Michael Dowd

Director DEQ: DEQ Director, David K. Paylor

 8/1/18
2/6/19
Washington Department of Ecology Air Quality Department Director: Maia Bellon 8/1/18
2/6/19

The White House Council on Environmental Quality (CEQ) is accepting comments on a new Draft Guidance on the Consideration of Climate Change in National Environmental Policy Act (NEPA) Reviews. The Draft Guidance would replace the 2016 final Guidance issued on August 1, 2016. The purpose of the Draft Guidance is to assist federal agencies in their consideration of greenhouse gas (GHG) emissions and climate change when evaluating proposed federal actions in accordance with NEPA and the CEQ Regulations Implementing the Procedural Provisions of NEPA. The deadline for comment is August 26, 2019.

NTAA Fact Sheet
Tribal Template Letter [docx]
NTAA Comment Letter for CEQ Draft Guidance

EPA has extended the comment period on a proposed revised Supplemental Cost Finding for the Mercury and Air Toxics Standards (MATS) and the Clean Air Act (CAA) required “risk and technology review” to April 17, 2019. The proposed rule revises the 2016 Supplemental Cost Finding, rescinding the “appropriate and necessary” finding for EPA to regulate Hazardous Air Pollutants (HAPs) emissions from coal- and oil-fired power plants under section 112 of CAA because the cost of the regulation outweighs the quantified HAP benefits and requests comments on whether EPA has the authority to remove EGUs from the list of sources. The NTAA has published a Fact Sheet to on this proposal and a Tribal Template Comment Letter will follow. For more information, see the EPA’s website here.

NTAA Fact Sheet Supplemental Finding MATs Revision
Tribal Template Letter
NTAA Comment Letter for Revised Supplemental Finding and RTR Results
Recorded webinar
Webinar Presentation

EPA is accepting comments on a proposal for changes to the Best System of Emissions Reductions (BSER) for Greenhouse Gases (GHGs) from New, Modified, and Reconstructed Electric Generating Units (EGUs) until March 18, 2019. This proposal removes Carbon Capture and Sequestration (CCS) as the BSER, and replaces it with emissions limits that are higher than what CCS would achieve. Additionally, this proposal seeks comment the interpretation and application of the endangerment finding. The NTAA has published a Fact Sheet, Tribal Template Comment Letter, and Webinar on this proposal. For more information, see the EPA’s website here.

EPA has extended the comment deadline for this proposal to March 18, 2019. See the Fact Sheet for specific information on how to participate in the public hearing and how to submit comments.

NTAA Fact Sheet for GHGs from EGUs and Endangerment Finding
Webinar Presentation, February 6, 2019
Tribal Template Letter for GHGs from EGUs
NTAA comment letter for GHGs from EGUs

EPA is accepting comments on the draft guidance titled, Revised Policy on Exclusions from “Ambient Air” . EPA has recently announced that it plans to revise its longstanding interpretation of “ambient air,” defined in 40 C.F.R. § 50.1(e) as “the atmosphere, external to buildings, to which the general public has access.” This regulatory definition, and EPA’s interpretation of the term, is of key importance in implementing the Clean Air Act (CAA) because the statute, while using the term “ambient air” as part of the foundations of U.S. air regulation, provides no definition for the term. In this draft guidance, EPA is revising its 1980 policy on the exclusion of certain areas from the scope of “ambient air”.
EPA will accept public comment on the draft guidance, Revised Policy on Exclusions from “Ambient Air”, through January 11, 2010. Click here for the draft guidance and a link for submitting comments.

NTAA Tribal Template Draft Comment Letter Ambient Air

2018

On October 15, 2018, US Environmental Protection Agency (EPA) released a proposed rule that would amend the Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources published in the Federal Register on June 6, 2016. The Clean Air Act §111 establishes EPA’s authority to develop New Source Performance Standards (NSPS) to control emissions of air pollutants from new and modified stationary sources. The proposal will affect all new or modified oil and gas sources on or near Tribal land that have leaking equipment by allowing industry to delay detecting and repairing leaks thus adversely impacting the health and welfare of Tribal communities. Comments were due December 17, 2018.

NSPS for Oil and Gas Fact Sheet
NTAA Tribal Template Letter for NSPS
NTAA Comment Letter on NSPS
Read the proposed rule here

EPA has proposed a replacement for the Clean Power Plan, which is known as the Affordable Clean Energy (ACE) rule. If passed, the ACE rule would eliminate the emission reduction goals and emission standards for electric generating units (EGUs), and replace them with heat rate improvement (HRI) candidate technologies for coal fired power plants. The proposed rules also include changes in regulations affecting the New Source Review Program. The NTAA has developed this Fact Sheet to help Tribes better understand the proposed rules. A template letter for Tribes to use will be released soon. The comment deadline for the ACE Proposed Rules was October 31, 2018.

NTAA memo on ACE Proposal
NTAA Fact Sheet on ACE Proposal
NTAA Comment Letter on ACE Rule
NTAA Tribal Template ACE Rule Letter
Informational webinar on ACE hosted by NTAA on October 9, 2018
NTAA ACE Webinar Presentation 10.9.18
ACE Timeline of Events Presentation 10.9.18

On September 4, 2018, US Environmental Protection Agency (EPA) released draft guidance that would change the interpretation of “adjacency” used as a factor in determining whether to combine nearby stationary sources for the Clean Air Act New Source Review (NSR) permitting and Title V Source Determinates in All Industries other than oil and gas.[1] The New Source Review is a Clean Air Act program that requires industrial facilities to install modern pollution control equipment when they are building or when making a change that increases emissions significantly.[2] The Title V Operating Permit program requires major sources of air pollutants and certain other sources to obtain an operating permit and operate in compliance and certify at least annually their compliance with permit requirements. Permitting authorities use the following three factors to determine whether to combine facility emissions for permitting purposes:

The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration (NHTSA) jointly developed the national program for greenhouse gas (GHG) standards for passenger cars and trucks (also known as the Corporate Average Fuel Economy, or CAFE) in order to reduce CO2 and other GHG emissions, save families trillions in fuel costs, and reduce America’s dependence on oil through fuel economy improvements.

On August 2, 2018, former Administrator Scott Pruitt announced a proposed rulemaking, reversing the agreement among the Obama administration and major auto manufacturers that set the current standards. The proposed rule, the “Safer Affordable Fuel-Efficient Vehicles Rule for Model Years 2021 – 2026 Passenger Cars and Light Trucks (SAFE Vehicles Rule)” was published on the Federal Register (FR) on August 24th, 2018. The amendments would freeze the standards in MY 2021 through 2025 at 37.0 mpg for average fuel efficiency requirement and set CO2 targets maintained at 240 grams/mile instead of continued decreases to 163 grams/mile.[1] The rule also “excludes air conditioning refrigerants and leakage, and nitrous oxide and methane GHGs from average performance calculations after model year 2020.” Comments were due into EPA October 26, 2018

NTAA Fact Sheet on SAFE Vehicle Rule
NTAA Comment Letter on SAFE Vehicle Rule
NTAA Tribal Template SAFE Vehicle Rule Letter
Informational Webinar on EPA’s SAFE Vehicles Rule Proposed hosted by NTAA on October 10, 2018
NTAA SAFE Webinar Presentation 10.10.18
California Air Resources Board Presentation 10.10.18

On September 4, 2018, US Environmental Protection Agency (EPA) released draft guidance that would change the interpretation of “adjacency” used as a factor in determining whether to combine nearby stationary sources for the Clean Air Act New Source Review (NSR) permitting and Title V Source Determinates in All Industries other than oil and gas.[1] The New Source Review is a Clean Air Act program that requires industrial facilities to install modern pollution control equipment when they are building or when making a change that increases emissions significantly.[2] The Title V Operating Permit program requires major sources of air pollutants and certain other sources to obtain an operating permit and operate in compliance and certify at least annually their compliance with permit requirements. Permitting authorities use the following three factors to determine whether to combine facility emissions for permitting purposes:

1. Belong to the same industrial grouping (i.e. major standard industrial classification code)
2. Located on one or more contiguous or adjacent properties
3. Under the control of the same person (or persons under common control)

In previous years, EPA considered operations to be “adjacent” when they are nearby to one another as well as operations sharing “functional interrelatedness” even while separated by physical distance. The draft guidance would narrow the definition of “adjacency” when determining whether to combine nearby stationary sources for these permitting programs to “physical proximity” and exclude “functional interrelatedness” of sources. This new interpretation would apply to state, local, and tribal permitting authorities for Title V and NSR source determinations. Comments were due into EPA by October 5, 2018.

Draft Guidance Interpreting Adjacent Fact Sheet
Tribal Template Comment Letter
NTAA Comment Letter

In 2013, the U.S. Environmental Protection Agency (EPA) released a guidebook to provide a framework for Tribes to build environmental program capacity using EPA’s Indian Environmental General Assistance Program (GAP) resources. GAP grants are awarded annually to federally recognized Tribes and Tribal consortia for planning, developing, and establishing capacity to administer and implement environmental protection programs and solid and hazardous waste programs on Tribal lands. As of June 1, 2018, EPA has opened a consultation and coordination process with Tribes to conduct an evaluation of the 2013 GAP Guidance, due to Tribes and Tribal consortia voicing concerns about the Guidance. The consultation period closed on August 31, 2018.

Submit your comments to EPA, or Tribal governments may submit a request for government-to-government consultation via email to roose.rebecca@epa.gov, or by hardcopy to:

Rebecca Roose, Senior Advisor American Indian Environmental Office (MC 2690-M) US Environmental Protection Agency 1200 Pennsylvania Avenue, NW Washington, DC 20460

NTAA Fact Sheet on GAP Guidance
NTAA Comment Letter Submitted
Tribal Template GAP Comment Letter

The U.S. Environmental Protection Agency (EPA) is reconsidering the final rule on the Risk Management Program (RMP) Amendments (82 FR 4594, January 13, 2017). In early 2017, the EPA received Reconsideration petitions on the amended rule, delaying the effective date of the rule until February 19, 2019. The EPA also developed a Notice of Proposed Rulemaking (NPRM) to reconsider these Amendments, which was published in the Federal Register on May 30, 2018. NTAA is offering comments on the NPRM and on discussion provided in the agency’s Regulatory Impact Analysis (RIA), dated April 27, 2018.

Submit your comments, identified by Docket ID No. [EPA-HQ-OEM-2015-0725], to the Federal eRulemaking Portal:http://www.regulations.gov/ and follow the online instructions for submitting comments.
Comments were due August 23, 2018.

NTAA Fact Sheet on RMP 8.1.18
NTAA Comment Letter Submitted
NTAA Template Letter from Tribal Leader to EPA

On April 30th, 2018, the U.S. Environmental Protection Agency (EPA) proposed a rule to establish the transparency of EPA regulatory science. The rule also requires the EPA to identify all regulatory science it relied on and conduct an independent peer review on all pivotal regulatory science use to justify regulatory decisions. This proposed rule could significantly impact rulemakings under the Clean Air Act (CAA) which requires the EPA to rely on the best available science for regulatory actions. You can access the full documents and more information here: https://www.epa.gov/osa/strengthening-transparency-regulatory-science/

Submit your comments, identified by Docket ID No. [EPA-HQ-OZ-2018-0259], to the Federal eRulemaking Portal: http://www.regulations.gov/ Follow the online instructions for submitting comments.
Comments were due August 16, 2018.

NTAA Fact Sheet on Transparency in Science
NTAA Comment Letter Submitted
NTAA Template Letter from Tribal Leader to EPA

NTAA has prepared a Policy Resource Kit for your Tribe to use in commenting to the U.S. EPA on the FY18 proposed budget put forth by President Trump that would severely cut the State and Tribal Assistance Grants (STAG) appropriation and other federal grants for Tribes needed to build and sustain their air programs. As put forth in the President’s, “AMERICA FIRST: A BUDGET BLUEPRINT TO MAKE AMERICA GREAT AGAIN,” the 2018 Budget requests $5.7 billion for the Environmental Protection Agency, a reduction of $2.6 billion, or 31%, from the 2017 annualized CR level. There is no public comment period but NTAA urges all Tribes to send a clear message to the U.S. EPA about how these proposed budget cuts would impact Tribal air quality work.

NTAA Letter to Congress in response to request by Rep. Tom O’Halleran
NTAA Air Quality Funding Factsheet
NTAA Funding Tool Kit Tribal Template Letter
NTAA Letter to EPA Funding Air Quality Programs
A Joint Letter to the U.S. Environmental Protection Agency (EPA) Regarding the Importance of Full Funding for Air Quality Programs

NTAA has prepared a Policy Resource Kit for your Tribe to use in commenting on U.S. Housing and Urban Development’s (HUD) draft Environmental Justice Strategy.

NTAA urges your Tribe to submit comments to HUD in order to better represent Tribal air quality concerns into the draft EJ Strategy of HUD.

To help your Tribe submit comments, the attached Policy Resource Kit includes:

  • A basic fact sheet to share with Tribal leadership and to help with community outreach
  • The draft EJ Strategy from HUD
  • NTAA’s comment letter submitted today to HUD
  • A template letter based on NTAA’s comment letter you can modify for your Tribe to use in submitting a comment

HUD Environmental Justice Strategy Draft
NTAA HUD Factsheet
NTAA Comment Letter
Tribal Template Letter

NTAA has prepared a Policy Resource Kit on EPA’s proposed repeal of the Clean Power Plan. The Policy Resource Kit includes NTAA’s comment letter submitted to EPA, a template letter your Tribe can use to submit comments and a basic fact sheet. EPA is accepting comments until April 26, 2018.

EPA will hold three listening sessions in San Francisco, California, Gillette, Wyoming, and Kansas City, Missouri. Details on exact locations and times will be announced on this EPA website.

The CPP established emission guidelines for states to follow in limiting carbon dioxide (CO2) emissions from existing electric generating units (EGUs) approximately 30% below 2005 levels by 2030. EPA is seeking public comment on a proposed repeal of the CPP and will has provided notice of advanced rule making for a replacement for the CPP. Under the Clean Air Act (CAA) and supported by the Supreme Court’s Endangerment Finding, CO2 is considered to be a pollutant and therefore must be regulated by the EPA.

In addition, EPA has prioritized the replacement of the Clean Power Plan and started the process for this replacement. Below you can find the attached comments from the National Tribal Air Association regarding EPA’s Electric Utility Generating Units: Advance Notice of Proposed Rulemaking on State Guidelines for Greenhouse Gas Emissions from Existing Sources . EPA accepted public comments on the CPP replacement’s Advance Notice of Proposed Rulemaking until February 26, 2018. There will be more opportunities to provide comment on any rulemaking that EPA proposes for a CPP replacement. You can learn more here: https://www.epa.gov/stationary-sources-air-pollution/electric-utility-generating-units-advance-notice-proposed-0

NTAA comment letter on CPP Replacement Advance Notice of Proposed Rulemaking submitted on 2/26/18
CPP Repeal Fact Sheet
NTAA Comment Letter on Proposed Repeal of CPP
Tribal Template Comment Letter on Proposed Repearl of Repeal

2017

NTAA was urging all Tribes to use NTAA’s Policy Resource Kit to provide comments on EPA’s Draft Strategic Plan for FY 2018-2022. Comments were due into EPA by COB on October 31, 2017. EPA’s Strategic Plan is an important management tool used by EPA to set goals and track progress towards meeting EPA’s mission of protecting human health and the environment. You can read EPA’s Draft Strategic Plan here.

NTAA’s PRK includes a comment letter from the NTAA’s Executive Committee and the Tribal Air Monitoring Support Center’s Steering Committee as well as a fact sheet and template letter Tribes can use to submit their own comments.

NTAA-TAMS Comments On 2018-2022 EPA Draft Strategic Plan
NTAA Fact Sheet on the EPA Draft Strategic Plan
Tribal Template Letter on Draft 2018-2022 EPA Strategic Plan

Public comments were due into EPA by August 4, 2017. EPA’s Office of Air and Radiation (OAR) was seeking public comment on the FY 2018-2019 National Program Manager Guidance. The Draft NPM’s Guidance document is a guide that creates the framework for EPA’s key national programmatic activities for the fiscal years of 2018-2019, based on the President’s Proposed Budget and the “back to basics” agenda set forth by EPA Administrator Scott Pruitt. The first consultations to create this document were conducted prior to the 2016 presidential election, and this document has been developed prior to finalization of EPA’s budget. Once the budget is finalized, there may be changes to the document, based on the actual budget. You can read the entire document here:
https://www.epa.gov/sites/production/files/2017-06/documents/fy18-19-oar-draft-npm-guidance.pdf.

NTAA’s PRK includes a fact sheet, a comment letter submitted to EPA by NTAA’s Executive Committee and the Tribal Air Monitoring Support Center’s Steering Committee as well as a template letter for your Tribe to use in crafting a comment letter for you to submit by August 4th to EPA.

DRAFT FY 2018-2019 Office of Air and Radiation (OAR) National Program Manager Guidance
NPM Guidance Fact Sheet
Tribal Template NPM Comment letter
7.28.17 NTAA & TAMS Comment on NPM Guidance FY18-19

NTAA has prepared a Policy Resource Kit for your Tribe to use in commenting to the U.S. EPA by May 15, 2017.
The U.S. EPA is seeking comments on regulatory reform based on Presidential EO 13777 signed by President Trump. EO 13777 directs federal agencies like EPA to review the Code of Federal Regulations and identify those regulations that:

  • Eliminate jobs or inhibit job creation, are outdated, unnecessary, or ineffective; Impose costs that exceed benefits; Create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; Rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard of reproducibility; Derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.

EO13777 Factsheet
EO13777 Tribal Template Letter
NTAA Comment Letter

NTAA is urging Tribes in the state of California to comment on the EPA’s General Air Quality Permit for new and modified minor stationary source gasoline dispensing facilities (GDF) in certain areas of Indian Country. The permit is proposed by EPA to develop a uniform set of requirements based on local air quality conditions that are unique to the State of California. The permit will provide a way to streamline permitting processes under the Federal Indian Minor Source Review (NSR) program. For more information, refer to the CA GDF General Permit Public notice at https://www.regulations.gov/document?D=EPA-R09-OAR-2016-0580-0005. Comments are due into EPA Region 9 by January 31st, 2017.

NTAA Comment Letter
Tribal Template Letter
GDF Factsheet

2016

Comments are due to EPA on November 1st, 2016 on EPA’s proposed Clean Energy Incentive Program (CEIP). The CEIP was developed as part of the EPA’s Clean Power Plan (CPP) as a mechanism to encourage early investment in zero-emitting renewable energy generation to help achieve CPP goals. The court-ordered stay of the CPP allows states to continue planning efforts, and the EPA is able to move forward with the CEIP because it is a voluntary program.

The CEIP will provide incentives, via Emission Reduction Credits (ERCs) or allowances, to eligible renewable energy and energy efficiency projects. ERCs and allowances can be purchased by CO2 emitting power plants in order to comply with emissions standards under the CPP.

Tribes with affected sources (i.e. power plants affected by the CPP) may develop plans and elect to participate in the CEIP. Tribes without affected sources may also participate in the CEIP, however this depends on their state first implementing a State Implementation Plan (SIP) and opting-in to the CEIP.

NTAA has prepared a 2016 CEIP fact sheet for Tribes and is in the process of developing a Policy Resource Kit for Tribes to use for providing comments to EPA by November 1st, 2016.

In 2015, NTAA’s provided comments to EPA on the Clean Power Plan’s Clean Energy Incentive Program (CEIP). EPA sought early comments as the CEIP is developed as an early incentive for states and Tribes to reduce GHG emissions by developing renewable sources of energy.

NTAA has prepared a fact sheet on the CEIP, and submitted a comment letter to the EPA on August 9, 2016. The template letter below may be used to submit comments for your Tribe.

NTAA Comment Letter
Tribal Template Letter
CEIP Factsheet

On June 28, 2016, the United States lodged with the court a settlement with automakers Volkswagen AG, Audi AG, Volkswagen Group of America, Inc., and Volkswagen Group of America Chattanooga Operations, LLC (collectively “Volkswagen”). The settlement partially resolves allegations that Volkswagen violated the Clean Air Act (“CAA”) by the sale of approximately 500,000 model year 2009 to 2015 motor vehicles containing 2.0 liter diesel engines equipped with “defeat devices” (“CAA 2.0 liter partial settlement”). The allegations were set forth in a complaint filed by the United States on January 4, 2016, on behalf of the EPA, alleging that these vehicles are equipped with defeat devices in the form of computer software designed to cheat on federal emissions tests. The settlement is a partial settlement because it only addresses what Volkswagen must do to address the 2.0 liter cars on the road and the pollution from these vehicles, and does not address other aspects of the United States’ complaint. The major excess pollutant at issue in this case is oxides of nitrogen (NOx), and is a serious health concern.

On June 7th, 2016 NTAA and the TAMS Center wrote a letter (see below) to U.S. EPA making recommendations for the distribution of funds from this settlement to Tribal Air Programs. NTAA and TAMS also submitted a comment letter on August 5th, 2016

Written comments were accepted until close of business on Wednesday, August 27, 2016.

Since Tribes will be eligible for over $50 million as beneficiaries, NTAA has created a fact sheet for Tribes to understand the settlement and is in the process of developing a Policy Resource Kit for Tribes to respond to requests for comments and consultation from the U.S. Department of Justice.

Volkswagen Settlement Comment Letter
June 2016 EPA Letter
Volkswagen Template Letter
Quick Facts
U.S. Department of Justice Consultation Framing Document

On May 4, 2016, the United States Environmental Protection Agency (US EPA) proposed regulatory revisions to the Regional Haze Rule’s visibility protection requirements that states must adhere to when submitting state implementation plans (SIPs) and progress reports for regional haze. Periodic regional haze SIPs are required by the Clean Air Act (CAA) and federal rules in order to provide for reasonable progress towards restoration of natural visibility conditions in national parks, wilderness areas, and other mandatory designated Class I areas. This requirement does not apply to areas that states or Tribes have designated as “non-mandatory” Class I areas.

NTAA has prepared a Policy Resource Kit for Tribes to use for submitting comments to EPA by August 10th. The Policy Resource Kit includes NTAA comments to EPA submitted on June 22nd, 2016, a template letter for Tribes to use in submitting comments to EPA and a fact sheet Tribal staff and use to inform Tribal leaders about this issue.

NTAA Comments on proposed changes to Regional Haze Rule
Tribal Template Letter
NTAA Regional Haze Factsheet 2016

2015 Comments on Regional Haze Rule Revisions

In 2015, NTAA submitted early comments to EPA in response to EPA’s request for comments for Tracking Visibility Progress in the Regional Haze Rule that focus on the Reasonable Progress Framework on Controllable Emissions that contribute to Regional Haze. In addition, comments were submitted by NTAA regarding the proposed delay of the current state implementation plan (SIP) submission deadlines, the timing and format of progress reports, limiting requirements for reasonably attributable visibility impairment (RAVI) while expanding the number of states that would be subject to Federal Land Management (FLM) RAVI certifications, and consultation with Indian Tribes concerning the RHR and associated activities. EPA will be drafting a guidance document in the coming months and issue that guidance document for further review in the new year.

NTAA Comments on proposed changes to Regional Haze Rule
NTAA Comments on tracking visibility progress

Here is a link to a powerpoint presentation made during a 2015 Regional Haze meeting held in March, 2015 with Tribal representatives and EPA officials regarding Tribal involvement in Regional Haze planning.

Regional Haze Tribal Presentation

NTAA has created this Policy Resource Kit to help your Tribe submit comments to EPA by February 3rd, 2016. On November 10, 2015, the U.S. Environmental Protection Agency (EPA) proposed revisions to the 2007 Exceptional Events Rule, and announced the availability for public comment of a draft guidance document, which applies the proposed rule revisions to wildfire events that could influence monitored ozone concentrations.

NTAA Comments on EPA’s Proposed Revisions to the Exceptional Events Rule
Tribal Template Letter on EPA’s Proposed Revisions to the Exceptional Events Rule
Exceptional Events fact sheet from EPA

NTAA has created this Policy Resource Kit to help your Tribe submit comments to EPA by February 1st, 2016. On November 16, 2015 the EPA proposed an update to the Cross-State Air Pollution Rule (CSAPR) ozone season program by issuing the CSAPR Update Rule. Starting in 2017, this proposal would reduce summertime emissions of oxides of nitrogen (NOX) from power plants in 23 states in the eastern half of the U.S., providing $1.2 billion in health benefits to millions of Americans. The CSAPR Update Rule would reduce air quality impacts of the interstate transport of air pollution on downwind areas’ ability to meet the 2008 ozone standard, and it also responds to the July 2015 remand of certain CSAPR budgets by the United States Court of Appeals for the D.C. Circuit. This proposal supports states’ obligations to address the problem of air pollution that is transported across state lines and helps address the Agency’s role in backstopping states’ obligations under the Clean Air Act.

NTAA comment letter on EPA on Proposed CSAPR Update
Tribal Template Letter on Proposed Updates to CSAPR
Tribal Template Letter on Proposed Updates to CSAPR

2015

On Monday, August 3rd, 2015 the U.S. EPA announced the final Clean Power Plan to establish final emission guidelines for states to follow in developing plans to reduce greenhouse gas (GHG) emissions from existing fossil fuel-fired electric generating units (EGUs). Here is NTAA’s Policy Resource Kit on EPA’s Clean Power Plan:

  • NTAA’s comments and Tribal template letter on the proposed Federal Plan and Model Rules for the Clean Power Plan. Comments were due on January 21, 2016. You can find more information from EPA on the proposed Federal Plan, click here
  • NTAA’s comments on the Clean Power Plan’s Clean Energy Incentive Program (CEIP). Comments were due into EPA on December 15th. EPA sought early comments as the CEIP is developed as an early incentive for states and Tribes to reduce GHG emissions by developing renewable sources of energy.
  • The NTAA has published a White Paper on EPA’s Final Clean Power Plan that identifies items contained in the U.S. Environmental Protection Agency (EPA’s) Proposed Clean Power Plan for which NTAA provided comments and how EPA addressed such items in the Final Clean Power Plan. This White Paper will be used to help draft NTAA comments on the proposed Federal Plan and proposed Clean Energy Incentive Program.
  • NTAA released a statement on August 5th, 2015 including an announcement that a NTAA Policy Resource Kit will be posted here in the near future to help Tribes respond to this EPA action.

You can find EPA’s Clean Power Plan Community Page here for more information on the Clean Power Plan here. Stay Tuned for more information from NTAA!

August 18, 2015 – EPA has proposed several measures to cut methane and VOC emissions from the oil and natural gas industry and clarify permitting requirements. NTAA prepared this Policy Resource Kit that includes an EPA fact sheet, two NTAA comment letters and two corresponding template letters for your use in submitting comments from your Tribe. EPA’s comment period closed on December 4th, 2015.
A word on EPA’s action to regulate methane emissions from the NTAA Chairman, Bill Thompson –
Native American Tribes and other indigenous peoples are among those most impacted by climate change. As such, NTAA welcomes EPA’s proposed measures to mitigate emissions of methane, a potent greenhouse gas, from the oil and gas sector. Furthermore, NTAA views the regulation of volatile organic compounds (VOCs) emitted by the oil and gas sector, as an important and necessary means of protecting t he health of Tribal communities and the American people at large.

EPA Methane Fact Sheet
NTAA comment letter on EPA’s Proposed Methane Rule
NTAA’s Comments on EPA’s Proposed Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country
Tribal Template letter on EPA’s Proposed Methane Rule
Tribal Template letter on EPA’s Proposed Federal Implementation Plan for Managing Air Emissions from True Minor Sources Engaged in Oil and Natural Gas Production in Indian Country

Please find the attached NTAA Policy Resource Kit for your Tribe’s use in submitting comments to the U.S. Nuclear Regulatory Commission’s (NRC) proposed changes to the Linear No-Threshold Model and Standards for Protection against Radiation (Docket ID NRC-2015-0057). Comments are due to NRC by Thursday November 19th.

The Policy Resource Kit contains a NTAA comment letter, a template letter your Tribe can use to edit for submission based upon NTAA’s comment letter. There is also a NRC background fact sheet on the biological effect of radiation exposure.

The NTAA’s Executive Committee produced this Policy Resource Kit at the request of several NTAA member Tribes concerned with how the federal government wants to change the way to measure the health impacts from exposure to radiation.

NRC Fact Sheet on the biological effects of radiation
NTAA comments on NRC’s Proposed Linear No-Threshold Model and Standards for Protection against Radiation
NTAA comment template letter – NRC’s Proposed Changes to the Linear No-Threshold Model and Standards for Protection against Radiation

This is also known as “Appendix W.” On July 14, 2015, the EPA Administrator signed a proposal to revise the Guideline on Air Quality Models. The Guideline provides EPA-recommended models and other techniques, as well as guidance for their use, for predicting ambient concentrations of air pollutants. EPA’s proposed changes would, enhance the formulation and application of the agency’s AERMOD dispersion model, prescribe modeling techniques for secondarily formed fine particle and ozone pollution for single sources and makes various editorial improvements. NTAA submitted comments on October 14th, 2015. Click here for EPA’s information.

NTAA Comments on Appendix W
NTAA Template Letter
EPA Fact Sheet on Appendix W

On August 15, 2015, the EPA’s Office of International and Tribal Affairs initiated consultation and coordination with federally recognized tribes (tribes) on how EPA will discuss tribal treaty rights during tribal consultations under the EPA Policy for Consultation and coordination with Indian Tribes. EPA is proposing development of a guidance on when and how EPA would raise questions about treaty rights, and as a guide for discussions when tribes raise treaty rights concerns during tribal consultation under the Consultation Policy. NTAA submitted comments on Sept 30th and the comment period on this draft guidance is open until November 13th, 2015. Click here for EPA’s information.

NTAA Comments on Tribal Treaty Rights
NTAA Template Letter

On October 1, 2015, EPA strengthened the National Ambient Air Quality Standards (NAAQS) for ground-level ozone to 70 parts per billion (ppb), based on extensive scientific evidence about ozone’s effects on public health and welfare. NTAA submitted comments (linked above) and NTAA released a white paper written by NTAA PAC member Rich McAllister and explores the implications for Tribes of the final ground-level ozone rule issued by EPA. Read more on EPA’s website.

NTAA Fact Sheet
NTAA Comment Letter
NTAA Template Letter

Also commonly known as, “the Carbon Rule or the 111(d) rule,” As part of the Clean Air Act, EPA is authorized to regulate CO2 pollution from existing plants in order to meet the goal of reducing CO2 emissions 30% by 2030. EPA is working with states, tribes, and utilities to create state implementation plans and reduce carbon pollution based upon 4 building blocks, including: 1) Making existing coal plants more efficient, 2) using existing natural gas plants more effectively, 3) increasing renewable energy use and 4) increasing end-use energy efficiency.

NTAA Comment Letter
NTAA Tribal Template Letter

U.S. Environmental Protection Agency’s (EPA)’s Proposed Finding that Greenhouse Gas Emissions from Aircraft Cause or Contribute to Air Pollution that may Reasonably Be Anticipated to Endanger Public Health and Welfare, and an Advance Notice of Proposed Rulemaking. Section 231(a)(2)(A) of the Clean Air Act states that, ‘‘The (EPA) Administrator shall, from time to time, issue proposed emission standards applicable to the emission of any air pollutant from any class or classes of aircraft engines which in [her] judgment causes, or contributes to, air pollution which may reasonably be anticipated to endanger public health or welfare.’’
This Proposal explains that in order to issue standards addressing emissions of GHGs from aircraft under section 231, the Administrator must first find that the air pollution being considered may reasonably be anticipated to endanger public health or welfare. The Administrator then must find that emissions of the air pollutant from certain classes of aircraft cause or contribute to that air pollution. This Proposal and the rules to follow that EPA announced in the Advance Notice of Proposed Rulemaking have been found to authorize EPA under the CAA to address greenhouse gas emissions from aircraft to help mitigate climate change. NTAA has created a Policy Resource Kit for Tribes to use to submit their own comments. Public comments were due on August 31st, 2015.

NTAA Summary Letter
NTAA Comment Letter
NTAA Template Letter

2014

The NTAA EC and Mobile Sources Work Group submitted this letter to the EPA to provide recommendations on how to improve the Tribal Diesel Emissions Reductions Act (Tribal DERA) program so that it is more fully utilized, better meets the goals of the program, and better serves Indian Country.

The NTAA has submitted comments on the U.S. EPA’s EJ 2020 Action Framework, which is an update to EPA EJ 2014 strategy for advancing environmental justice and is not a proposed rule. Click here to view NTAA comments. The comment period ended on July 14th, 2015. EJ 2020 will build on the foundation established through EPA’s Plan EJ 2014, and expand that work through commitments that will continue through the next five years. Click here for EPA’s overview of EJ 2020.

The NTAA sent a letter to EPA on December 9th, 2014 regarding methane regulation needed in the oil and gas industry. Click here to view the letter. Since then EPA has released this statement regarding future actions on regulating methane in the oil and gas industry.

The NTAA has developed comments on the U.S. Nuclear Regulatory Commission’s In addition to the NRC PowerPoint presentation provided on a recent NTAA/EPA Air Policy Update call, here is the link providing the map of Tribal Reservations and Trust Land within a 50-mile radius of a Nuclear Power Plant can be found on page 25 of the NRC Tribal Protocol Manual. The U.S. Nuclear Regulatory Commission is a Federal Agency under the Department of Energy that regulates nuclear reactors, nuclear materials, nuclear waste and nuclear security. This proposed Tribal Policy will outline how NRC’s will consult with Tribes.

U.S. EPA’s proposed National Program Manager’s Guidance Document. EPA uses the National Program Manager (NPM) Guidances to focus on EPA’s environmental program delivery in partnership with regional offices, states, and tribes as well as on internal efforts. The FY 2016-2017 NPM guidances are available for comment from February 23, 2015-March 23, 2015. You can submit comments to Marc Vincent and the appropriate NPM contact by March 23, 2015. NTAA comments focus on EPA’s FY 2016-2017 Draft Office of Air and Radiation (OAR) NPM Guidance. EPA will post responses to comments on April 28, 2015. Read more on EPA’s website here.

Download comments on QAR National Program Manage Guidance.
EPA’s OAR guidance document.

NTAA hosted a 3-part webinar series discussing EPA’s Clean Power Plan that you can view here.

NTAA has created a brief summary sheet and comment letter for EPA’s Clean Power Plan Supplemental Proposal. We strongly encourage Tribes to submit comments on this proposal. For additional information on the Supplemental Proposal, visit: http://www2.epa.gov/carbon-pollution-standards/clean-power-plan-supplemental-proposal.

NESHAP Subpart W is a radon emission standard for operating uranium mill tailings. In accordance with the Clean Air Act Amendments of 1990, this proposed rule would require the use of generally available control technology (GACT) to limit radon emissions from tailings at all uranium recovery facilities. Specific control technologies would be required at conventional tailings impoundments, evaporation ponds and heap leach piles.
Click here for the EPA link on this draft rule.

NTAA letter regarding Radon Emissions from Uranium Mills
Tribal comment letter template for Radon Emissions from Uranium Mills

Comment Period Open until further notice. EPA is proposing that all initial proposals/applications submitted for EPA competitive assistance agreement awards, including fellowships, as well as non-competitive assistance agreement awards based on solicitations issued on or after February 17, 2015 must be submitted using Grants.gov. EPA hosted an informational conference call about this proposed requirement on September 30th. Click here to see EPA’s response to NTAA’s comment letter on this issue. While this proposed policy has no official comment period, if you wish to submit comments, please submit them soon as EPA has worked to modify the policy based upon NTAA and other’s comments.

The comment period for this closed on July 14, 2014. This proposed rule will direct state and tribal air agencies to provide data characterizing current air quality in areas with large sources of sulfur dioxide (SO2) emissions if such areas do not have sufficient air quality monitoring in place to identify maximum 1-hour SO2 concentrations.

Summary Page for U.S. EPA’s Data Requirements Rule for the 1-Hour Sulfur Dioxide Primary National Ambient Air Quality Standard (NAAQS)
NTAA Comment Letter
NTAA Tribal Template Letter

The comment period for this closed on May 5, 2014. EPA proposed revisions to the New Source Performance Standards (NSPS) for new residential wood heaters. These revisions would require all manufacturers to meet new emission and efficiency standards for newly manufactured wood-fired stoves, pellet stoves, indoor and outdoor wood boilers, new wood-fired forced air furnaces, and new masonry heaters.

NTAA Summary for NSPS Revisions for New Residental Wood Heaters
NTAA letter regarding NSPS Revisions for New Residental Wood Heaters
Tribal comment letter template for Wood Heaters NSPS revision

The comment period for this closed on May 9, 2014. In 2012, U.S. EPA proposed a new source performance standard (NSPS) for emissions of carbon dioxide (CO2) for new affected fossil fuel-powered electric utility generating units (EGUs). The U.S. EPA received more than 2.5 million comments on this initial proposed rule. After consideration of information provided in those comments, as well as consideration of continuing changes in the electricity sector, the U.S. EPA determined that revisions in its proposed rule were warranted. Thus, in a separate action, the U.S EPA withdrew the April 13, 2012 proposal and in this action, the U.S. EPA proposed new standards of performance for new affected fossil fuel-fired electric utility steam generating units and stationary combustion turbines.

NTAA Summary for Standards of Performance for Greenhouse Gas Emissions from new EGU
NTAA comment letter on Carbon Rule
NTAA comment template letter on Carbon Rule

The comment period for this closed on March 17th, 2014. EPA proposed options to simplify the Clean Air Act permitting process for certain smaller sources of air pollution commonly found in Indian country. This action ensures that air quality in Indian country is protected by facilitating the implementation of the Indian Country Minor Source New Source Review (NSR) Rule issued by EPA in July 2011. This action would impact five source categories:

  • Hot mix asphalt plants;
  • Stone quarrying, crushing, and screening facilities;
  • Gasoline dispensing facilities;
  • Petroleum dry cleaners; and
  • Auto body repair and miscellaneous surface coating operations.

NTAA Comment Letter
Tribal Template Letter
NTAA Snapshot Analysis Paper
NTAA Summary for Indian Country MNSR Program

This comment period closed on September 17, 2014. The draft rule is based upon New Source Review Permitting Program. Congress established the New Source Review (NSR) permitting program as part of the 1977 Clean Air Act Amendments. NSR is a preconstruction permitting program that covers, in this 2nd bundle:

  • Concrete batch plants
  • Boilers;
  • Stationary spark ignition engines;
  • Stationary compression ignition engines;
  • Graphic arts and printing operations; and
  • Sawmill facilities.

NTAA Comment Letter
NTAA Tribal Template Letter

Other NTAA
Policy Resources

NTAA Letter to EPA with Recommendations on Tribal DERA Program – On January 10, 2020, the NTAA EC and Mobile Sources Work Group submitted this letter to the EPA to provide recommendations on how to improve the Tribal Diesel Emissions Reductions Act (Tribal DERA) program so that it is more fully utilized, better meets the goals of the program, and better serves Indian Country.

EJ 2020 Fact Sheet – On July 29, 2016, NTAA submitted this comment letter to U.S. EPA regarding EPA’s proposed EJ 2020 Action Agenda. To learn more, you can click here for EPA’s EJ 2020 Fact Sheet. The fact sheet highlights the vision, goals, key areas, lead EPA offices and anticipated results of EJ 2020. It also includes general information about stakeholder outreach efforts, implementation and annual reporting for EJ 2020.

NTAA_CommentExtReq_SubpartWRule.pdf – This NTAA letter sent to EPA on June 13, 2014 requested a comment period extension for EPA’s Proposed Rule to Limit Radon Emissions from Uranium Mills. EPA did respond by extending the comment period till October 29, 2014.

NTAA_ECLettertoEPA1914.pdf – This NTAA letter was sent to EPA on January 9th, 2014 reminding EPA about the importance of funding Tribal Air Programs. EPA response was given at an in-person meeting between NTAA EC members and EPA leadership that same day.

NTAA_lettertoEPAonEJPrinciples6514.pdf – This NTAA letter was sent to EPA on June 5th, 2014 reflecting NTAA’s comments on U.S. EPA’s proposed Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples. The comment period for this proposed policy closed on June 9th, 2014.

AppendixA_NTAACommentsonEPAEJPrinciples6514.pdf – This is an appendix to NTAA’s June 5th letter on U.S. EPA’s proposed Policy on Environmental Justice for Working with Federally Recognized Tribes and Indigenous Peoples listed above.

NTAA Letter to U.S. EPA on the subject of EPA’s proposed requirement that all grant applications be submitted electronically to Grants.gov – This NTAA letter was sent on March 11, 2014 commenting on the Grants.gov issue mentioned above.

For New Airheads

Tracking Federal Air
Quality and Climate
Change Actions

The Federal Register

Unified Agenda of Regulatory and Deregulatory Actions

  • The White House Office of Information and Regulatory Affairs within the Office of Management and Budget produces a Unified Agenda of Regulatory and Degregulatory Actions twice a year to report on the actions administrative agencies plan to issue in the near and long term.
  • You can track actions by searching via specific federal agencies here: reginfo.gov/public/do/eAgendaMain
  • You can track EPA actions here: reginfo.gov

How to comment online via Regulations.gov

Regulations.gov is your source for information on the development of Federal regulations and other related documents issued by the U.S. government. Through this site, you can find, read, and comment on regulatory issues that are important to you.

You can search for a regulation such as a proposed rule, final rule, or Federal Register (FR) notice and submit a comment on a regulation. You can also quickly access regulations that are popular, newly posted or closing soon directly from the homepage.

Each federal action that you can comment on has a docket number that you can use in the search line of the Regulations.gov home page. You can find the docket number in the public notice published by the federal agency within the Federal Register or on the agency’s website. For example, EPA’s Docket number usually look like this: EPA-HQ-OAR-2017-0000.

  • For more information on how to comment, click here: regulations.gov/faqs
  • You can find out who else has commented on a specific federal action by opening the Docket Folder.

How to comment offline

  • EPA actions can be commented on via email, mail, fax or in person. Each proposed action will include specific addresses to submit your comments via email, mail, fax or in person.
  • EPA has a website for commenting on EPA actions with helpful tips here: hepa.gov/dockets/commenting-epa-dockets

Columbia Law School’s Sabin Center for Climate Change Law maintains an online tool for tracking government attempts to restrict or prohibit scientific research, education or discussion, or the publication or use of scientific information, since the November 2016 election. Read more about the tracker and related resources.

The Sabin Center also maintains a Climate Deregulation Tracker which identifies attempts to scale back federal climate mitigation and adaptation measures: climate.law.columbia.edu/Silencing-Science-Tracker

STAY IN TOUCH

Carolyn Kelly
NTAA Program Manager
Carolyn.Kelly@nau.edu