Comment & Consultation
Public Hearing and Public Comments: Revision of Tier 4 Criteria Pollutant Standards – Ends July 6
EPA invites public comment on the proposed rule, Revision of Tier 4 Criteria Pollutant Standards, Part 1: Amendments to Phase-In Schedule for Light-Duty and Medium-Duty Vehicles which was published in the Federal Register on May 18, 2026 under docket ID number [EPA–HQ–OAR–2025–3297; FRL–13030–02–OAR].
“Begin Actual Construction” in the Clean Air Act NSR Program – Ends June 26
The U.S. Environmental Protection Agency is initiating consultation with federally recognized Indian Tribes to obtain input on the agency’s proposed rule, “Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program.”
In this proposal, the EPA is revising the federal regulatory definition of “begin actual construction” in the major NSR regulations and “begin construction” in the Tribal minor NSR regulations, and add a new definition of “pollutant-emitting activities” to both. If finalized, the rule will codify how permitting authorities distinguish between stationary sources and non-emitting components or structures, fulfilling the agency’s 2025 commitment to propose this clarification, and owners and operators will be able to start building non-emitting components or structures, such as certain cement pads and wiring, piping, and associated support structures, prior to obtaining an NSR permit.
The proposed rule will be published in the Federal Register in the coming days, and the EPA will be accepting public comments for 45 days after the publication date in the Federal Register. For more information about this proposed action and information on how to submit comments, please see the EPA NSR rulemaking website.
If your Tribe has questions about the proposed action or would like to request government-to-government consultation with the EPA on the “Begin Actual Construction” proposed rulemaking, please have your staff contact Grace Onuoma, Tribal Consultation Advisor, at Onuoma.Grace@epa.gov or (919) 541-0232, by June 19, 2026. 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 rule. Tribes may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2025-0618, any time during the open comment period following publication in the Federal Register.
CAA Review of Tier 4 Criteria Pollutant Standards for Motor Vehicles, Part 1 – Ends July 6
The U.S. Environmental Protection Agency (EPA) is offering consultation with federally recognized Indian Tribes to obtain input on the first step (“Part 1”) of the Agency’s proposed two-part action to reconsider the light-and medium-duty Tier 4 criteria pollutant standards. The EPA will undertake this reconsideration through two separate rulemakings and will offer a separate consultation opportunity for the second step (“Part 2”) in the coming months.
As the first step of this two-part action, the EPA is proposing an adjustment to the implementation timeline from model year (MY) 2027 to MY 2029. In this initial proposal, titled “Revision of Tier 4 Criteria Pollutant Standards, Part 1: Amendments to Phase-In Schedule for Light-Duty and Medium-Duty Vehicles,” the Agency would amend the phase-in schedule for Tier 4 standards for certain MY vehicles. If finalized, manufacturers would continue to comply with the current Tier 3 standards for MY 2027 and MY 2028, with Tier 4 standards phasing in beginning in MY 2029. The EPA is also proposing targeted updates to emissions testing protocols and related certification requirements.
The EPA will address potential additional updates to Tier 4 standards and related program elements in a forthcoming “Part 2” rulemaking. The Tier 4 reconsideration “Part 2” action will comprehensively reconsider the Tier 4 program, which may include changes to the Tier 4 standards, implementation dates, phase-in schedules, and test procedures.
The EPA’s timeline for the consultation and coordination period is expected to extend from May 15, 2026, to July 06, 2026, which coincides with the public comment period. Please note that all consultations must be completed prior to the end of the public comment period. The deadline to request government-to-government consultation is June 22, 2026. The EPA cannot consider requests for consultation regarding this proposal if received after this date. Any consultations for this proposal will be conducted in accordance with the EPA Policy on Consultation with Indian Tribes and the Guidance for Discussing Tribal Treaty or Similar Rights.
In addition to consultation, Tribes are invited to participate in the EPA’s virtual public hearing for this proposal, which will be held on June 2-3, 2026. The EPA, in the development of the final action, will consider all comments submitted during Tribal consultation. Tribes may also submit written comments at https://www.regulations.gov/, Docket ID No. EPA–HQ–OAR–2025–3297, any time during the open comment period following publication in the Federal Register. For additional information on this proposed rulemaking and the latest information on the public hearing, please visit https://www.epa.gov/regulationsemissions-vehicles-and-engines/revision-tier-4-criteria-pollutant-standards-part-1. Information about this consultation is also available on the EPA’s Tribal Consultation Opportunities Tracking System (TCOTS).
CWA Section 312(n) Uniform National Discharge Standards Phase II Batch Three Rulemaking – Ends July 14
Webinar: June 2, 2026
Webinar Registration: https://events.gcc.teams.microsoft.com/event/cd4f68b7-b19b-4936-ba96-c3769a98c4f1@88b378b3-6748-4867-acf9-76aacbeca6a7
The U.S. Environmental Protection Agency, in coordination with the Department of War, is initiating consultation with federally recognized Indian Tribes on a proposed rulemaking to establish national standards for discharges incidental to the normal operation of vessels of the Armed Forces (e.g., U.S. Navy, Coast Guard, Marine Corps, Air Force) that operate nationwide in coastal and inland waters. The standards to be developed in this proposed rulemaking would be the third and final batch of Phase II performance standards for marine pollution control devices under the Uniform National Discharge Standards (UNDS) program. These performance standards are intended to reduce environmental impacts associated with vessel discharges, stimulate the development of improved pollution control devices and environmentally sound military practices, and establish nationwide standards.
Clean Water Act Section 312(n) directs the EPA and the DoW to establish uniform national standards for discharges incidental to the normal operation of a vessel of the Armed Forces. In 1999, the EPA and DoW jointly promulgated Phase I of these regulations which identified 25 discharges from vessels of the Armed Forces that would require control by a marine pollution control device. The EPA and the DoW agreed to establish performance standards for the 25 identified discharges in batches in Phase II. Phase II Batch One and Batch Two, which included Tribal consultations, were finalized in 2017 and 2020, respectively, establishing 22 of the 25 performance standards. The EPA and DoW are now working on Phase II Batch Three rulemaking to develop performance standards for the three remaining discharges: clean ballast, compensated ballast, and dirty ballast. National discharge standards will result in enhanced environmental protection because standards will be established for three discharges that currently are not regulated comprehensively.
This proposed rulemaking will not affect vessels operated by Tribes because the rule only regulates discharges from vessels of the Armed Forces of the United States. However, Tribes may be interested in this action because vessels of the Armed Forces of the United States, including Coast Guard vessels, may operate in or near Tribal waters. The EPA’s anticipated timeline for the consultation period is expected to extend from May 15, 2026, to July 14, 2026.
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 rule. Tribes may submit written comments at www.regulations.gov, EPA-HQ-OW-2026-2575, any time during the Tribal consultation, which ends July 14, 2026.
Enclosed is a consultation plan that includes a description of the action under consultation, a timeline for the consultation period, and information on how you can provide input on this action. This information is also available on the EPA’s Tribal Consultation Opportunities Tracking System.
To request government-to-government consultation with the EPA and the DoW on the UNDS rulemaking, please contact Catherine Brady, at brady.catherine@epa.gov by June 16, 2026, to ensure consultation can occur during the consultation period. Please also identify a Tribal representative to serve as a point of contact for planning purposes. The EPA will work with your staff to schedule the consultation meeting with your Tribal government as requests are received.
“Begin Actual Construction” in the Clean Air Act NSR Program – Ends June 26
The U.S. Environmental Protection Agency is initiating consultation with federally recognized Indian Tribes to obtain input on the agency’s proposed rule, “Begin Actual Construction in the New Source Review (NSR) Preconstruction Permitting Program.”
In this proposal, the EPA is revising the federal regulatory definition of “begin actual construction” in the major NSR regulations and “begin construction” in the Tribal minor NSR regulations, and add a new definition of “pollutant-emitting activities” to both. If finalized, the rule will codify how permitting authorities distinguish between stationary sources and non-emitting components or structures, fulfilling the agency’s 2025 commitment to propose this clarification, and owners and operators will be able to start building non-emitting components or structures, such as certain cement pads and wiring, piping, and associated support structures, prior to obtaining an NSR permit.
If your Tribe has questions about the proposed action or would like to request government-to-government consultation with the EPA on the “Begin Actual Construction” proposed rulemaking, please have your staff contact Grace Onuoma, Tribal Consultation Advisor, at Onuoma.Grace@epa.gov or (919) 541-0232, by June 19, 2026. 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 rule. Tribes may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2025-0618, any time during the open comment period following publication in the Federal Register.
EPA Draft Fungicide Strategy Public Comment Opportunity – Comments due June 29, 2026
EPA is seeking public input on its Draft Fungicide Strategy, which outlines a new approach to protecting federally listed endangered and threatened species while maintaining flexibility for agricultural use.
The draft strategy focuses on:
• Identifying potential impacts to endangered species
• Recommending mitigation measures (e.g., spray drift reductions)
• Guiding future pesticide registration and review decisions
This framework is intended to balance species protection with agricultural needs, while improving transparency and consistency under the Endangered Species Act (ESA) and FIFRA.
The strategy does not impose requirements directly, but will inform future regulatory actions.
How to Participate
Submit comments via Regulations.gov
Docket ID: EPA-HQ-OPP-2026-2973
Join the public webinar:
May 20, 2026 | 11:00 AM PT
EPA – TSCA Peer Review & Public Comment
EPA is advancing its review of four chemicals under the Toxic Substances Control Act (TSCA) – 1,3,4,6,7,8-Hexahydro-4,6,6,7,8,8-hexamethylcyclopenta [g]-2-benzopyran (HHCB), phthalic anhydride, o-dichlorobenzene (oDCB) and p-dichlorobenzene (pDCB)—by releasing draft documents related to the review of these chemicals and convening a peer review meeting of the Science Advisory Committee on Chemicals (SACC). These chemicals are found in fragrances, paints, coatings, cleaners and industrial processes, meaning decisions in these cases can directly affect the air we breathe at work and at home.
Draft risk evaluations are now available for public comment and independent scientific peer review.
EPA will hold a preparatory virtual public meeting on May 26, 2026, for the SACC and the public to consider and ask questions. On June 8-12, 2026, EPA will hold a virtual public meeting of the SACC to review the draft risk evaluations. EPA will publish registration links for the meetings soon on the SACC website.
The draft risk evaluations, draft hazard assessments, related supporting materials, and draft charge questions will be available in the peer review docket EPA-HQ-OPPT-2026-1189 at www.regulations.gov. To have your comments and questions considered by the SACC they must be submitted to the peer review docket no later than 45 days after publication of the Federal Register Notice.
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
Regional Tribal Environmental Feedback & Discussion Topics & United RTOC Meeting Invite
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