NTAA News!

REMINDER! The Tribes and Climate Change Program (TCCP) would like to invite you to attend today’s webinar on the implications of the recent Supreme Court ruling for EPA greenhouse gas emissions regulations and a discussion of the Biden Administration’s climate Executive Orders. See details and flier below and attached and share with any interested networks!

September 28, 2022| 10am Pacific |1pm Eastern | Click Here to Register

“On June 30, the U.S. Supreme Court delivered its ruling on West Virginia v. Environmental Protection Agency (EPA), limiting the EPA’s authority under a provision of the Clean Air Act to regulate greenhouse gas emissions from the power sector” (University of Colorado Boulder Today, 2022).

NTAA is preparing a Policy Resource Kit for Tribes to respond to EPA’s three upcoming power sector rules, with intended proposal dates for Spring 2023. If Tribes are interested in requesting government-to-government consultation with the EPA during the pre-proposal period, please contact Regina Chappell at (919) 541-3650 or email at [email protected] by September 30, 2022.

The EPA is addressing the following three upcoming power sector rules, with intended proposal dates for Spring 2023:

  • GHG Emission Guidelines for existing EGUs under Clean Air Act (CAA) section 111(d);
  • GHG New Source Performance Standards (NSPS) for new, modified, and reconstructed EGUs under CAA section 111(b); and
  • Review of the Residual Risk and Technology Review (RTR) for the Mercury and Air Toxics Standards (MATS)

NTAA’s PRK will include a template letter that Tribes can use to respond to EPA’s specific questions for consideration. More information on the rules can be found here https://www.epa.gov/stationary-sources-air-pollution/nsps-ghg-emissions-newmodified-and-reconstructed-electric-utility for 111(b), and https://www.epa.gov/stationarysources-air-pollution/mercury-and-air-toxics-standards for MATS RTR. This consultation will be conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes (https://www.epa.gov/tribal/forms/consultation-andcoordination-tribes). The Agency invites you and your designated consultation representative(s) to participate in this process. The EPA’s anticipated timeline for the consultation period is expected to extend from September 1, 2022, to October 17, 2022.

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