Comment & Consultation

TCOTS Link

US EPA is initiating consultation with federally recognized Indian Tribes to obtain input on the Agency’s proposed National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors (also known as HWC NESHAP): Residual Risk and Technology Review (RTR).

There are several types of HWCs, including hazardous waste incinerators, hazardous waste cement kilns, hazardous waste lightweight aggregate kilns, hazardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces. As required by section 112 of the Clean Air Act, the EPA conducted the required residual risk and technology reviews, finding an acceptable risk with an ample margin of safety for the HWC standards, and that there are no new cost-effective practices, processes, or control technologies available. As a result of the required review, the EPA is proposing revisions to standards for two unregulated hazardous air pollutants. For both hydrogen fluoride (HF) and hydrogen cyanide (HCN), the EPA is proposing emission limits for different subcategories in the HWC NESHAP. The EPA is also proposing changes to the startup, shutdown, and malfunction provisions of the 2005 final rule. The Agency estimates that the proposed rule would have a very small economic impact on affected entities, with no affected entity expected to incur an annual cost of more than 0.16 percent of their revenues.

The proposed rule will publish in the Federal Register in the coming weeks, and the EPA will be accepting public comments for 45 days after the publication date. There is a fact sheet regarding the proposed HWC NESHAP on the TCOTS listing. For more information about this proposed action and information on how to submit comments, please see the EPA rulemaking website: https://www.epa.gov/stationary-sources-air-pollution/hazardous-waste-combustors-national-emission-standards-hazardous. The EPA’s anticipated timeline for the consultation period is expected to extend through December 12, 2025.

If your Tribe has questions about the proposed action or would like to request government-to-government consultation with the EPA on this rulemaking, please have your staff contact Grace Onuoma, Tribal Consultation Advisor, at Onuoma.Grace@epa.gov or (919) 541-1931, by December 5, 2025. We also encourage you to submit written comments to the docket to identify any information that you believe may be relevant to the development of the final rule. Tribes may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2004-0022, any time during the open comment period following publication in the Federal Register.

TCOTS Link

EPA Seeks Tribal Input on Proposed Revisions to Secondary Lead Smelting Standards ​

The U.S. Environmental Protection Agency (EPA) is reaching out to federally recognized Indian Tribes for consultation on proposed updates to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Secondary Lead Smelting. ​ These revisions are based on a technology review and reconsideration of the 2012 standards. ​

Key proposed changes include:

• New emission limits for total hydrocarbons (THC) and dioxins/furans for certain furnaces. ​
• Determination that hydrochloric acid and chloride emissions are minimal and do not require standards. ​
• Use of THC as a surrogate for carbonyl sulfide. ​
• Updates to monitoring requirements for total enclosure at negative pressure. ​
• Removal of affirmative defense provisions. ​
• Revisions to startup, shutdown, malfunction, and electronic reporting requirements. ​
• Solicitation of comments on the 2012 determination that the NESHAP provides an ample margin of safety. ​

The EPA is inviting Tribes to provide input on these amendments, including considerations related to treaty rights, Indigenous Knowledge, and sacred sites. ​ The consultation period will run through November 17, 2025, and public comments will be accepted for 45 days after the proposed rule is published in the Federal Register. ​

Tribes interested in government-to-government consultation or with questions about the proposed action can contact Grace Onuoma, Tribal Consultation Advisor, at Onuoma.Grace@epa.gov or (919) 541-1931 by November 6, 2025. ​ Written comments can also be submitted at https://www.regulations.gov under Docket ID No. ​ EPA-HQ-OAR-2025-0078.

The EPA aims to ensure the proposed rule is developed with sensitivity to Tribal needs and culture. ​ For more details, visit the EPA rulemaking website: https://www.epa.gov/stationary-sources-air-pollution/secondary-lead-smelting-national-emissions-standards-hazardous-air. ​

On July 21, the National Science Foundation (NSF) published its “Request for Public Comment: National Plan for Arctic Research.” NSF seeks input from interested individuals and organizations to ensure that the research interests and needs of all are addressed appropriately in the updated plan. In particular, NSF seeks feedback on the following questions regarding updates to the plan:

1. What are the critical issues and needs where federally funded science, engineering, and technology research should provide knowledge to promote sound decision-making at all levels related to the Arctic?
2. What are examples of research questions that address these issues?

Read the Federal Register’s Request for Public Comment.

NSF will host an information session on this on September 18 to discuss the planned update. Topics will include community resilience and health, sustainable economies and livelihoods, risk management and hazard mitigation, and Arctic system interactions.

• Register

TCOTS Link

US EPA is initiating consultation and coordination regarding regulatory management of unreasonable risks identified in the Toxic Substances Control Act (TSCA) Risk Evaluation for Formaldehyde. Consultation period is expected to extend from October 23, 2025 to December 22, 2025. Two identical technical webinars have been scheduled:

• October 23, 2025, Tribal Technical Briefing 1 from 2:00- 3:30pm (ET)
  • Zoom Registration Link:
  • https://usepa.zoomgov.com/meeting/register/_hbogOPoQWGIdgaL_UjbIQ
• October 27,2025 Tribal Technical Briefing 2 from 2:00- 3:30 pm (ET)
  • Zoom Registration: Link:
  • https://usepa.zoomgov.com/meeting/register/qOGHW9n0RjOYtfnaQqNUAw

If you are unavailable to participate in the webinar and/or have comments, including written
comments, please send them to Lauren Achstatter at achstatter.lauren@epa.gov.

TCOTS Link

US EPA is initiating consultation and coordination regarding regulatory management of unreasonable risks identified in the Toxic Substances Control Act (TSCA) for Diisodecyl Phthalate (DIDP) and Diisononyl Phthalate (DINP). The expected timeline is from September 9, 2025 to December 8, 2025.

There. are two webinars scheduled (each covering the same information.):

• September 9, 2025, Tribal Technical Briefing 1 from 2:30- 4:00 pm (ET) Zoom Registration Link:

https://usepa.zoomgov.com/meeting/register/wplBXorQRF-lZH_W8ZSYFA

• September 11, 2025 Tribal Technical Briefing 2 from 2:00- 3:30 pm (ET) Zoom Registration

https://usepa.zoomgov.com/meeting/register/9b_vdT7KSQePTSZmb4Knfw