Comment & Consultation

EPA is initiating consultation with federally recognized Tribes on universal waste regulations for solar panels and lithium batteries under

the Resource Conservation and Recovery Act. EPA intends to propose new rules to improve the recycling and management of end-of-life solar panels and lithium batteries by adding new categories for these materials to the universal waste regulations. These regulations are expected to promote the collection and recycling of solar panels and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills. 

EPA is also proposing universal waste standards specially tailored for lithium batteries. This change would improve safety standards, reduce fires from end-of-life lithium batteries, and promote recycling.

• Learn more on TCOTs

EPA will host an informational webinar for Tribes on May 2. 

• Register for the webinar

TCOTS Link

The U.S. Environmental Protection Agency’s Office of Resource Conservation and Recovery in the Office of Land and Emergency Management is initiating consultation with federally recognized Tribes on universal waste regulations for solar panels and lithium batteries under Subtitle C of the Resource Conservation and Recovery Act.

Specifically, the EPA intends to propose new rules to improve the recycling and management of end-of-life solar panels and lithium batteries by adding new categories for these materials to the universal waste regulations. The EPA’s universal waste regulations streamline the hazardous waste management standards for certain categories of hazardous waste that are commonly generated by a wide variety of establishments. Adding solar panels to the universal waste regulations should benefit the wide variety of establishments generating and managing solar panel waste by providing a clear, practical system for handling discarded solar panels. These regulations are expected to promote the collection and recycling of solar panels and encourage the development of municipal and commercial programs to reduce the quantity of these wastes going to municipal solid waste landfills. Within the same rulemaking package, the EPA is proposing universal waste standards specially tailored for lithium batteries, separate from the existing general battery universal waste category. This change in the RCRA regulations would improve safety standards and reduce fires from end-of-life lithium batteries, while continuing to promote recycling.

To assist you with deciding whether to request consultation, the EPA will host an informational webinar for Tribes to explain the Agency’s plan for adding new universal waste categories for solar panels and lithium batteries on Thursday, May 2, 2024, 2:00 – 3:30 p.m. (ET). The Agency invites you or your designated representative(s) to attend the Tribal webinar to learn more about these proposed changes and ask questions. You may register for the informational webinar at: https://usepa.zoomgov.com/meeting/register/vJItcu6prDoqHujd7p9UT6Y5x7UnQabvRKY. The EPA invites interested Tribal governments to consult with us prior to issuance of the proposed rule for public comment. To initiate government-to-government consultation with the EPA or if you have questions related to the proposed rule, please contact Phoebe O’Connor by phone at (202) 566-1451 or by email at OConnor.Phoebe@epa.gov by May 31, 2024.

The EPA will accept public comments on the proposed rule for 60 days after publication of the Federal Register notice announcing the proposed rule. The EPA is currently planning for the proposed rule to be published in June 2025 per the unified regulatory agenda (https://www.reginfo.gov/public/do/eAgendaViewRule?pubId=202310&RIN=2050-AH32). You are encouraged to submit comments to the docket for the proposed rule, as well as any other information that you believe may be relevant to the development of a final rule during the public comment period. All comments must be received no later than the end of the public comment period. The specific dates for the submittal of public comments will be available on the EPA webpage for the rule at: https://www.epa.gov/hw/improving-recycling-and-management-renewable-energy-wastes-universal-waste-regulations-solar. To join the email list and be alerted when the proposed rule is published, please contact Phoebe O’Connor by email at OConnor.Phoebe@epa.gov.

TCOTS Link

The U.S. Environmental Protection Agency (EPA) is initiating consultation with federally recognized Indian Tribes to obtain input on the Agency’s proposed action titled, “Review of the Secondary National Ambient Air Quality Standards for Ecological Effects of Oxides of Nitrogen, Oxides of Sulfur and Particulate Matter.” This action announces the Agency’s proposed decisions in the current review of the air quality criteria and secondary (welfare-based) national ambient air quality standards (NAAQS) for ecological effects of nitrogen oxides (N oxides), sulfur oxides (SOx), and particulate matter (PM).

The Administrator is proposing that the current short-term secondary sulfur dioxide (SO2) standard is not requisite to protect the public welfare from known or anticipated adverse effects associated with the presence of SOX in ambient air, including particularly deposition-related effects, and that it should be revised to also provide such protection against effects related to deposition of sulfur compounds to ecosystems. Specifically, the EPA is proposing to revise the existing standard to be an annual average standard, averaged over 3 years, with a level within the range from 10 to 15 parts per billion (ppb). The EPA solicits comments on this proposal. The EPA also solicits comment on the alternate options of setting the level for a new annual average standard (averaged over 3 years) in the range from 5 to 10 ppb, and on revising the existing secondary standard to be identical to the existing primary standard in all respects. Further, the EPA solicits comments on retaining the existing 3-hour standard, in addition to establishing a new annual secondary standard. The EPA also proposes revisions to the data handling requirements for SO2 monitoring data to include specifications needed for the proposed secondary SO2 annual standard. The Administrator is also proposing to retain the secondary nitrogen dioxide (NO2) and PM standards, without revision. The EPA solicits comment on alternative approaches of revising the form of the existing NO2 standard to a 3-year average and the level to a value within the range from 35 to 40 ppb; and of revising the secondary PM2.5 annual standard (with PM2.5 referring to particles with a nominal mean aerodynamic diameter less than or equal to 2.5 micrometers) to a level of 12 micrograms per meter cubed.

This NAAQS review focuses on the adequacy of protection provided by the current secondary standards for SOx, N oxides, and PM for both direct effects from these pollutants in the air and ecological effects related to the deposition of nitrogen and sulfur. These deposition effects were not considered when the existing secondary standards for SOx, NOx, and PM were put in place. Some of these standards are more than 50 years old. Although historic atmospheric deposition, and particularly acid deposition, has impacted waterbodies and forests of the northeast, emissions of SO2 and NOx, and deposition of nitrogen and sulfur, have appreciably declined over the past four decades. This proposal recognizes the need to bring the secondary SO2 standards in line with current science to “lock in” improvements and ensure that air pollution concentrations do not return to historical levels.

If you are interested in requesting government-to-government consultation with the EPA, please contact Regina Chappell at (919) 541-3650 or email at chappell.regina@epa.gov. Please contact us by May 31, 2024, to request the consultation. The EPA will strive to accommodate the requests as time and resources permit. Tribes may also submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2014-0128, any time during the open comment period following publication in the Federal Register. For additional information on this proposed rulemaking, please visit https://www.epa.gov/naaqs/nitrogen-dioxide-no2-and-sulfur-dioxide-so2-secondary-air-quality-standards.

On April 3, EPA Administrator Regan signed a proposed rule to revise water quality criteria protecting aquatic life from the harmful effects of mercury in Idaho. The proposed mercury criterion includes fish tissue and water column elements, whereby the fish tissue elements are proposed to supersede the water column element when sufficient fish tissue data are available.

EPA will hold two public hearings via Zoom:

• Register for the May 28 hearing
• Register for the May 29 hearing

TCOTS Link

CFO NPG Letter to Tribes

Enclosure 1 NPG Fact Sheet

Enclosure 2 Consultation and Coordination Timeline

Enclosure 3 NPG Contacts

EPA invites Tribes to participate in consultation and coordination on EPA’s draft FY 2025-2026 National Program Guidances. These important documents communicate EPA program priorities, strategies, key activities, and measures for eight offices, including the Office of International and Tribal Affairs. There will be a national conference call for Tribes on May 16 at 10:00 Alaska, 11:00 Pacific, 12:00 Mountain.

• Learn more on TCOTS
• Attend the May 16 webinar:
  • Join on Teams. Meeting ID: 286 907 719 762 Passcode: BLoAUY

Call in (audio only): 202-991-0477. Phone Conference ID: 522 341 287#

The U.S. Environmental Protection Agency will soon open an opportunity for consultation with federally recognized Tribes on the draft Fiscal Year 2025-2026 National Program Guidances. The process will be conducted in accordance with the EPA Policy on Consultation with Indian Tribes.

The FY 2025-2026 NPGs will support continued implementation of the EPA’s FY 2022-2026 Strategic Plan and the agency’s FY 2025 President’s Budget priorities. The NPGs communicate program priorities, strategies, key activities, and measures. The following eight agency offices issue NPGs: Office of Air and Radiation; Office of Chemical Safety and Pollution Prevention; Office of Congressional and Intergovernmental Relations; Office of Enforcement and Compliance Assurance; Office of Environmental Justice and External Civil Rights; Office of International and Tribal Affairs; Office of Land and Emergency Management; and Office of Water. The EPA plans to issue final FY 2025-2026 NPGs in July 2024. Enclosure 1 provides additional background information for Tribes on the EPA’s NPGs.

The consultation period will begin with publication of the draft NPGs on April 23, 2024, and will continue through June 4, 2024. The consultation period coincides with a six-week public review and comment period in which Tribes also may elect to participate. A timeline for the consultation process, including instructions on how to provide input, are included in Enclosure 2. To request consultation on an NPG, Tribes should contact their EPA Regional Tribal Program Manager, or the relevant Headquarters Tribal Program Manager or National Program Planner listed in Enclosure 3.

The agency also will hold a national informational conference call for Tribes on May 16 from 2:00 – 4:00 PM EDT, during which representatives from the EPA’s national programs that issue NPGs will provide an overview and answer questions about their respective NPG. Logistics for the call are included in Enclosure 2. This information also is available at the agency’s Tribal Consultation Opportunities Tracking System.

If you have any questions about the NPG consultation process or would like to request alternate arrangements for consultation, please contact Jessica Snyder, Office of the Chief Financial Officer Tribal Program Manager, at snyder.jessica@epa.gov. Thank you very much in advance for your engagement in this important effort.

Sincerely,
Faisal Amin

EPA has initiated consultation and coordination on the proposed reorganization of the National Tribal Caucus under the Federal Advisory Committee Act.  These proposed changes will clarify the process by which EPA receives Tribal leadership recommendations on technical programs and budget planning and strengthen EPA’s ongoing commitment to collaboration and partnership with Tribes and the government-to-government relationship. EPA will host two informational webinars for Tribes on April 22 at 11:30 Alaska, 12:30 Pacific, 1:30 Mountain, and on April 24 at 10:30 Alaska, 11:30 Pacific, 12:30 Mountain.

• Learn more on TCOTS
• Attend a webinar:
  • April 22: Join the webinar on Teams
  • April 24: Join the webinar on Teams

TCOTS Link

Consultation Notification Letter

Consultation and Coordination Plan

The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination with federally recognized Indian tribes on the proposed reorganization of the National Tribal Caucus (NTC) under the Federal Advisory Committee Act (FACA). These proposed changes will clarify the process by which EPA receives Tribal leadership recommendations on technical programs and budget planning and strengthen EPA’s ongoing commitment to collaboration and partnership with Tribes and the government-to-government relationship.

This consultation process will be conducted in accordance with the EPA Policy on Consultation with Indian Tribes (https://www.epa.gov/tribal/epa-policy-consultation-indiantribes). EPA invites you and your designated consultation representative(s) to participate in this process. EPA’s anticipated timeline for the consultation period is expected to extend from April 11th to June 10th, 2024.

Enclosed is a consultation and coordination plan for this action that includes a description of the action under consultation and the process EPA intends to follow, including a timeline for the consultation period and information on how you can provide input on this action. This information is also available on EPA’s Tribal Consultation Opportunities Tracking System (TCOTS) at https://tcots.epa.gov.

The official EPA contact person for this consultation process is Daniel Vaught, Program Analyst, American Indian Environmental Office. Please do not hesitate to contact Daniel at Vaught.Daniel@epa.gov or 202-564-6038 should you have any questions regarding this action or if you would like to engage in government-to-government consultation with EPA.

I look forward to hearing from you on this important matter.

Sincerely,
Kenneth Martin
Director

Federally recognized Indian Tribes in the Puget Sound area are invited to consult with EPA on its proposal to
reissue a General Permit for Ocean Disposal of Marine Mammal Carcasses. The general permit authorizes Tribal,
federal, state, and/or local governmental authorities, as well as any Alaska Native, who already may take marine
mammals under the Marine Mammal Protection Act and Endangered Species Act, to dispose of all or part of
marine mammal carcasses in ocean waters and in the ocean waters of Puget Sound under the Marine
Protection, Research, and Sanctuaries Act. The permit is primarily intended to be used in public health threat
situations, for example, after discovery of a carcass washed ashore in an advanced state of decay, and there is
not another viable option for the carcass other than disposal in ocean waters. Authorizing ocean disposal of
marine mammal carcasses through this general permit will minimize burdens associated with case-by-case
permitting.

• Learn more on TCOTS

EPA will host an informational webinar on April 25.

• Register for the webinar

On March 20, EPA proposed a rule to revise regulations that allow for the open burning and detonation of waste explosives. The allowance or “variance” to the prohibition on the open burning of hazardous waste was established at a time when there were no alternatives for the safe treatment of waste explosives. Because there may be safe alternatives available and in use today that capture and treat emissions prior to release, regulations would be revised to describe specified procedures for the existing requirements to evaluate and implement alternative technologies.

• Submit comments

EPA will host a webinar to discuss the proposed rule on April 18. 

• Register for the webinar

The U.S. Coast Guard’s new Western Alaska Oil Spill Planning Criteria will set the oil spill response requirements for vessels operating with a Vessel Response Plan in the Arctic and Western Alaska Captain of the Port Zone. Due to the remoteness of the region, vessels that are unable to meet the National Planning Criteria are currently operating under Alternative Planning Criteria, which has been challenging for the Coast Guard and vessel owners/operators to implement.  Once established, this new planning criteria will define the response resources that vessels transiting the region are required to contract for. 

• Any federally recognized Tribe interested in learning more about this effort may contact the District 17 Tribal Government Affairs Officer at 907-463-2071 or Joellen.M.Arons@uscg.mil.
• Read the Federal Register Notice. (The original date for comments was March 4, but it has been extended 60 days.)

EPA is initiating consultation and coordination with federally recognized Indian Tribes on the development of the sixth Unregulated Contaminant Monitoring Rule (UCMR 6) for public drinking water systems (PWSs). Tribes that own or operate a PWS may be particularly interested in UCMR 6.

Under UCMR, EPA collects data for contaminants suspected to be present in drinking water, but that do not have health-based standards set under the Safe Drinking Water Act (SDWA). SDWA requires EPA to issue a new list of no more than 30 unregulated contaminants for monitoring every five years. The data collected during monitoring serve as a primary source of occurrence and exposure information that helps the agency make determinations about future drinking water regulations and other actions to protect public health under SDWA. EPA anticipates that this action will include a nationally representative sample of 800 PWSs serving fewer than 3,300 people, all PWSs serving between 3,300 and 10,000 people (approximately 5,100 PWSs), and all PWSs serving more than 10,000 people (approximately 4,200 PWSs) required to monitor.

• Learn more on TCOTS

Every three years, the Alaska Department of Environmental Conservation (DEC) conducts a comprehensive review of state water quality standards (WQS) regulations at 18 AAC 70. This triennial review provides an opportunity for the public to engage with DEC on its priorities and commitments. State WQS are subject to EPA approval prior to implementation in state water pollution control programs.

• Learn more
• Submit a comment