Comment & Consultation

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.

TCOTS Linkhttps://tcots.epa.gov/ords/tcotspub/f?p=106:5::2439::::

The Alaska Oil and Gas Conservation Commission recently informed the public that they intend to request the EPA for approval to directly regulate Class VI injection wells in areas where the state has jurisdiction. The UIC program regulates six different classes of injection wells based on their intended use. Class VI wells are used for the injection of carbon dioxide into deep rock formations for the purpose of long-term storage. There are currently no Class VI wells in Alaska. If the EPA approves the state’s request, Alaska would be the primary permitting and enforcement authority for any future proposed Class VI activities on land within the state’s jurisdiction. 

The EPA recognizes its unique relationship with Tribal governments as set forth in the United States Constitution, treaties, statutes, executive orders, and court decisions. The EPA will hold two webinars to share additional information. More information on joining these webinars is provided at the end of this letter to assist in your decision regarding whether to request consultation. 

If you would like additional information or would like to request government-to-government consultation, please have your staff contact Evan Osborne, the EPA staff lead for this action, at osborne.evan@epa.gov. We would appreciate a response to this government-to-government consultation offer no later than May 15, 2026. 

TCOTS Link

US EPA is offering government-to-government consultation to affected Tribes on an upcoming water quality standards action in Washington. On October 12, 2021, the Washington Department of Ecology submitted revisions to the designated uses and associated temperature and dissolved oxygen water quality criteria for the Chelan River to the EPA for review and action under section 303(c) of the Clean Water Act. The EPA’s upcoming action applies only to waterbodies in the state of Washington and does not apply to waters that are within Indian Country as defined in 18 U.S.C. § 1151.

If you would like to request government-to-government consultation to inform the EPA’s WQS action, or would like more information in relation to the upcoming action, please have your staff contact Andrea Ramirez, the EPA staff lead, at (206) 553-1058 or ramirezpuentes.andrea@epa.gov no later than May 1, 2026. In your response, please also identify a Tribal representative to serve as a point of contact for planning purposes. Please do not hesitate to contact me at (206) 553-0218 or Becky Garnett, Standards and Assessment Section Manager at (206) 553-1646, if you or your staff have any questions.

TCOTS Link

The proposed action would harmonize multiple ACI requirements currently spread across four rules under CAA section 129 into a single rule and would allow for the temporary use of CISWI units during disaster response. This proposed action defines ACI and establishes a single set of requirements for all ACI that only burn wood wastes, yard wastes, and clean lumber. Additionally, this proposal, if finalized, would make it easier for state, local, and Tribal governments to utilize CISWI units during a disaster under the temporary-use provision.

The EPA will accept public comments for 45 days after the proposed rule is published in the Federal Register. We have enclosed a fact sheet regarding the consolidation of standards for air curtain incinerators and provisions for temporary-use incinerators used in disaster recovery. 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/air-curtain-incinerators-only-burn-wood-wastes-yard-wastes-and

The EPA’s anticipated timeline for the consultation period is expected to extend through May 4, 2026. This consultation process will be conducted consistent with the EPA Policy on Consultation with Indian Tribes and the Guidance for Discussing Tribal Treaty or Similar Rights.1 The EPA invites you and/or your designated consultation representative(s) to participate in this process to discuss information related to the proposed consolidation and clarification of incinerator requirements, including treaty or similar rights, Indigenous knowledge, and sacred sites.

If you or 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 Bebhinn Do, Tribal Consultation Advisor, at Do.Bebhinn@epa.gov or (919) 541-0573, by April 20, 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 final rule. Tribe may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2025-0068, any time during the open comment period following publication in the Federal Register.

TCOTS Link

The U.S. Environmental Protection Agency is initiating consultation with federally recognized Indian Tribes on the agency’s intention to propose to rescind the 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights (“2024 Rule”).

The agency’s anticipated timeline for the consultation and coordination period is for 30 days from March 23, 2026, to April 21, 2026. This consultation process will be conducted consistent with the EPA Policy on Consultation with Indian Tribes and the EPA Guidance for Discussing Tribal Treaty or Similar Rights.1 The agency invites you and/or your designated consultation representative(s) to participate in this consultation process to discuss your experiences with and views on the 2024 Rule. We invite you to a Tribal consultation kick-off webinar to be held on March 31, 2026, from 1:00PM – 3:00 PM Eastern. To register for the consultation kick-off webinar, please respond via the registration link in the enclosed consultation plan.

If you would like to request government-to-government consultation with the agency on this action, please have your staff contact the agency via email to Galavotti.Holly@epa.gov by April 7, 2026. 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. The EPA would like to conclude consultation meetings by April 21, 2026, so that input from Tribal governments can be received and considered as the agency drafts proposed regulatory revisions.

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 consolidation of air curtain incinerator (ACI) requirements and provision for the temporary use of Commercial and Industrial Solid Waste Incineration (CISWI) units during disaster response under Clean Air Act (CAA) section 129.

The proposed action would harmonize multiple ACI requirements currently spread across four rules under CAA section 129 into a single rule and would allow for the temporary use of CISWI units during disaster response. This proposed action defines ACI and establishes a single set of requirements for all ACI that only burn wood wastes, yard wastes, and clean lumber. Additionally, this proposal, if finalized, would make it easier for state, local, and Tribal governments to utilize CISWI units during a disaster under the temporary-use provision.

If you or 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 Bebhinn Do, Tribal Consultation Advisor, at Do.Bebhinn@epa.gov or (919) 541-0573, by April 20, 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 final rule. Tribe may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2025-0068, any time during the open comment period following publication in the Federal Register.