This proposed rule from EPA will allow major sources of hazardous air pollutants to reclassify as area sources if they limit emissions below major source thresholds. This rule withdraws the “once in, always in” policy, which required major sources to remain subject to the Maximum Achievable Control Technology. This reclassification has the potential to lead to increased emissions and decreased ability for Tribes to track sources and comment on pollution that impacts their airsheds. The NTAA published a Fact Sheet and a Tribal Template Letter, and submitted a Comment Letter to EPA. Although the comment period for this proposal closed on September 24, the EPA reopened the public comment period on October 2 for 30 days, through November 1, 2019. The Federal Register notice can be found here. Tribes can continue to use the Tribal Template Letter during this period.
NTAA Fact Sheet [pdf]
NTAA Tribal Template Letter [docx]
NTAA Comment Letter [pdf]