Comment & Consultation
RTOC Template for Request of Extension of Comment Period for Updated Definition of “Waters of the United States”
RTOC has produced a template letter for Tribes to use who wish to ask for an extension on the comment period for the “Uupdated Definition of “Waters of the United States.”
Water of the United States: Tribal Engagement – Dec. 18
EPA and the U.S. Department of the Army are hosting a Tribal engagement opportunity on the Proposed Rule, Updated Definition of “Waters of the United States.” This meeting is for U.S. EPA and the U.S. Department of the Army to gather Tribal input on the proposed rule that would clarify the definition of “waters of the United States” and fully implement the Supreme Court decision in Sackett. Participants may indicate if they would like to speak. The meeting will not be recorded.
Alternative Closure of Coal Combustion Residuals Surface Impoundments – Comment by Jan. 7, 2026
EPA proposes to extend the compliance deadline for owners and operators of coal combustion residuals (CCR) surface impoundments to cease operation of their coal-fired boilers and complete closure of their CCR surface impoundments larger than 40 acres by three years, from October 17, 2028, to October 17, 2031. This change responds to recent findings from the Department of Energy indicating that retirement of coal-fired power generating assets could cause electric grid reliability risks.
EPA will hold a virtual public hearing on this proposal on Jan. 6, 2026.
Waters of the United States: Proposed Rule – Comment by Jan. 5
On November 17, EPA and the U.S. Department of the Army announced a proposed rule that would clarify the definition of “waters of the United States” and fully implement the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency. The proposed rule would protect America’s waters while providing regulatory certainty for farmers, ranchers, small business owners, and energy developers.
- Learn more
- Submit comments, identified by Docket ID No. EPA–HQ–OW–2025–0322, at https://www.regulations.gov.
EPA Proposes to Extend the Deadline for Alternative Closure of CCR Surface Impoundments
On today [Nov 25, 2025], EPA announced a proposal to extend the compliance deadline for coal combustion residuals (CCR) surface impoundments continuing to operate under the alternative closure provisions in 40 C.F.R. 257.103(f)(2). Specifically, EPA is proposing to extend the deadline for owners and operators both to cease operation of their coal-fired boilers and complete closure of their CCR surface impoundments larger than 40 acres by three years, from October 17, 2028, to October 17, 2031. This change responds to recent findings from the Department of Energy which indicate that retirement of coal-fired power generating assets could cause electric grid reliability risks and aligns with Executive Order 14262, which emphasizes the importance of ensuring grid reliability and security to support economic growth and national security.
If the proposal is finalized, the new deadline for any affected facility’s coal-fired boiler(s) to cease operation and CCR surface impoundment(s) to complete closure would become October 17, 2031. For more information, visit our webpage.
Please share this information with your Tribal contacts. If you have any questions, please reach out to Frank Behan at behan.frank@epa.gov or (202) 566-0531. Thanks, and enjoy the rest of your day!
Denise
**********************************************
Denise R. Roy
U.S. EPA
Office of Resource Conservation and Recovery (ORCR)
Materials Management Branch
Tribal Team Co-Lead
Waters of the United States: Proposed Rule – Comment by Jan. 5
On November 17, EPA and the U.S. Department of the Army announced a proposed rule that would clarify the definition of “waters of the United States” and fully implement the U.S. Supreme Court’s decision in Sackett v. Environmental Protection Agency. The proposed rule would protect America’s waters while providing regulatory certainty for farmers, ranchers, small business owners, and energy developers.
- Learn more
- Submit comments, identified by Docket ID No. EPA–HQ–OW–2025–0322, at https://www.regulations.gov.
Proposed Changes to PFAS Reporting Requirements – Comment by Dec. 29
On October 11, 2023, EPA finalized reporting and recordkeeping requirements for Per- and Polyfluoroalkyl Substances (PFAS) under the Toxic Substances Control Act (TSCA). In the final rule, EPA required any person that manufactures or has manufactured PFAS or PFAS-containing articles in any year since January 1, 2011, to electronically report information regarding PFAS uses, production volumes, disposal, exposures, and hazards.
In November 2025, EPA proposed changes to the scope of the TSCA 8(a)(7) PFAS reporting regulations. These proposed changes incorporate exemptions and modifications that will reduce unnecessary or potentially duplicative reporting requirements for manufacturers.
The proposed exemptions apply to PFAS manufactured (including imported) in mixtures or products at concentrations 0.1% or lower; imported articles, certain byproducts, impurities, research and development chemicals, and non-isolated intermediates.
EPA will accept comments on the proposed changes in docket #EPA-HQ-OPPT-2020-0549 on www.regulations.gov through Dec. 29.
Formaldehyde (HCHO) – Consultation for rulemaking process to address unreasonable risk – Ends Dec 22, 2025
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.
Presentation: How Tribes Can Influence Agency Decision Making
Public participation matters. Democratic, legal, and management principles justify why public comments make a difference in regulatory policy. Big Corporations, private citizens, industry polluters also comment, it is important that Tribal perspectives are represented alongside others.
Slides from RTOC Policy Advisor, Rich Eichsteadt on How Tribes Can Influence Agency Decision Making.pdf
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