Policy Resource Kits 

Policy Resource Kits 

NTAA Policy Resource Kits

The Policy Resource Kits (PRKs) linked below were crafted to alert NTAA Member Tribes and other Tribal Air Offices about important U.S. EPA & Federal Agencies’ proposed rules, and provide tools for Tribes to use in submitting informed comments on U.S. EPA actions. PRKs include fact sheets, official NTAA comments, a Tribal template letter and other resources for Tribes to use in submitting their own comments.

Current NTAA
Policy Resource Kits
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Carolyn Kelly
NTAA Program Manager
Carolyn.Kelly@nau.edu

NTAA’s PRK on Resources for Tribes on new funding from the Inflation Reduction Act (IRA)

Recently, Congress passed and President Biden signed into law the Inflation Reduction Act (IRA). The IRA allocates over $386 billion for new climate, clean air and clean energy funding, some of which is directed to federally-recognized Tribes. The total $386 billion is broken down this way over the the next 10 years:

(2022-2031)
Energy and Climate $386 billion
Clean Electricity Tax Credits $161 billion
Air Pollution, Hazardous Materials, Transportation and Infrastructure $40 billion
Individual Clean Energy Incentives $37 billion
Clean Manufacturing Tax Credits $37 billion
Clean Fuel and Vehicle Tax Credits $36 billion
Conservation, Rural Development, Forestry $35 billion
Building Efficiency, Electrification, Transmission, Industrial, DOE Grants and Loans $27 billion
Other Energy and Climate Spending $14 billion

Of these funds, the U.S. Senate Committee on Indian Affairs has identified in this fact sheet, $720 million directed towards Tribes with:

  •  $235 million for Tribal climate resilience, including fish hatchery operations and maintenance;
  •  $225 million for the development of Tribal high-efficiency electric home rebate programs;
  •  $150 million for Tribal home electrification;
  •  $75 million for the Tribal Energy Loan Guarantee Program and $20 billion in allowable loan guarantees;
  •  $25 million for Native Hawaiian climate resilience; and
  •  $12.5 million for Tribal emergency drought relief.

NTAA Resources

  • NTAA IRA Fact Sheet for Tribes to distribute.
  • NTAA Tribal Template Letter to U.S. EPA to respond to Janet McCabe’s Invitation regarding the IRA on 10.28.22. The comment deadline is December 27.
  • NTAA’s Policy Advisory Committee member Pilar Thomas recently published this White Paper with her summary of the IRA and its provisions related to Tribal governments.

Additional Resources

NTAA’s PRK for EPA’s Pre-Proposal to Regulate Greenhouse Gases from the Power Sector

Recently, EPA requested comments regarding their intent to address power sector rules related to:

  1. Greenhouse Gas (GHG) New Source Performance Standards (NSPS) for New,  Modified, and Reconstructed Fossil Fuel-Fired EGUs under CAA section 111(b);
  2. Developing Proposed GHG Emission Guidelines Under CAA Section 111(d); and
  3. Review of the Residual Risk and Technology Review (RTR) for the Mercury and Air Toxics Standards (MATS)

 You can learn more from EPA here and at this link: Docket ID: EPA-HQ-OAR-2022-0723

The U.S. Environmental Protection Agency (EPA) announced the opening of a non-rulemaking docket for public input. The purpose of this docket is to solicit public input on the Agency’s efforts to reduce emissions of greenhouse gases from new and existing fossil fuel-fired electric generating units (EGUs). The goal of this non-rulemaking docket is to gather perspectives from a broad group of stakeholders. This docket will be open for public comment until March 27, 2023. The EPA will provide a separate opportunity for public comment on any future proposed rulemaking(s) for EGUs through a formal comment period. A formal comment period will be announced in the Federal Register notice of any future proposed rulemaking(s).

EPA is asking five questions related to their pre-proposal that can be read here. 

You can submit your comments to EPA via this link by March 27, 2023. Learn more how to submit comments to EPA here. 

NTAA’s PRK for Tribes to use to submit their comments to EPA by the comment deadline of March 27, 2022. This is a pre-proposal opportunity for public comment. EPA will be seeking another round of public comment and Tribal Consultation when a draft rule is released by EPA later in 2023.

EPA’s proposing a 3-part rule that addresses GHG Standards and Guidelines under Sections 111(b) and 111(d) of the Clean Air Act as well as updating EPA’s Mercury and Air Toxics Residual Risk and Technology Review.

NTAA has long advocated for strong emission controls on GHG emissions that impact climate change. Tribes and Tribal Air Quality will only benefit the faster we can collectively reduce GHG emissions from existing and new stationary stories. 

NTAA’s PRK 

  1. NTAA Tribal Template Letter  (Use this template word document that includes NTAA’s  comments that will be submitted by the comment period deadline of March 27, 2023).
  2. NTAA Fact Sheet (Use this fact sheet to let your community members and leadership about this important policy action by EPA).
  3. NTAA talking points shared with EPA Leadership asking NTAA several questions related to the power sector:
    1. February, 2022
    2. August, 2022

EPA Resources

  1. Draft EPA White Paper on Available and Emerging Technologies for Reducing Greenhouse Gas Emissions from Combustion Turbine Electric Generating Units
  2. EPA is asking five questions related to their pre-proposal that can be read here. 
  3. You can submit your comments to EPA via this link by March 27, 2023.

Additional Resources

The NTAA has been working with California Tribes and the California Air and Resource Board to create a PRK on information regarding Supplemental Environmental Projects, known as SEPs. A SEP is a settlement against businesses or individuals for failure to comply with environmental laws (i.e. Clean Air Act criteria pollutants) and are resolved through settlement agreements. As part of a settlement, an alleged violator may propose to fund a project to provide a tangible environmental or public health benefit to the affected community or the environment. SEPs can help improve public health, reduce pollution, increase environmental compliance, and bring public awareness to neighborhoods most burdened by environmental harm.

Although there are both federal and state agencies with SEP policies, CARB is the lead state agency that oversees all air pollution control efforts in California to attain and maintain health-based air quality standards. Below are SEP templates and resources that CA Tribes can use to submit to CARB for final approval!

Resources for Tribes:

NTAA Template Documents for Tribes:

NTAA and CARB spoke at the 2021 Tribal EPA Region 9 Annual Conference and provided resources and their presentation deck. See below:

For more information on CARBs SEP Program, visit https://bit.ly/CARBSEPS or contact CARB at SEP@arb.ca.gov.

Closed NTAA
Policy Resource Kits
Tracking Federal Air Quality
& Climate Change Actions

The Federal Register

Unified Agenda of Regulatory and Deregulatory Actions

  • The White House Office of Information and Regulatory Affairs within the Office of Management and Budget produces a Unified Agenda of Regulatory and Degregulatory Actions twice a year to report on the actions administrative agencies plan to issue in the near and long term.
  • You can track actions by searching via specific federal agencies here: reginfo.gov/public/do/eAgendaMain
  • You can track EPA actions here: reginfo.gov

How to comment online via Regulations.gov

Regulations.gov is your source for information on the development of Federal regulations and other related documents issued by the U.S. government. Through this site, you can find, read, and comment on regulatory issues that are important to you.

You can search for a regulation such as a proposed rule, final rule, or Federal Register (FR) notice and submit a comment on a regulation. You can also quickly access regulations that are popular, newly posted or closing soon directly from the homepage.

Each federal action that you can comment on has a docket number that you can use in the search line of the Regulations.gov home page. You can find the docket number in the public notice published by the federal agency within the Federal Register or on the agency’s website. For example, EPA’s Docket number usually look like this: EPA-HQ-OAR-2017-0000.

  • For more information on how to comment, click here: regulations.gov/faqs
  • You can find out who else has commented on a specific federal action by opening the Docket Folder.

How to comment offline

  • EPA actions can be commented on via email, mail, fax or in person. Each proposed action will include specific addresses to submit your comments via email, mail, fax or in person.
  • EPA has a website for commenting on EPA actions with helpful tips here: hepa.gov/dockets/commenting-epa-dockets

Columbia Law School’s Sabin Center for Climate Change Law maintains an online tool for tracking government attempts to restrict or prohibit scientific research, education or discussion, or the publication or use of scientific information, since the November 2016 election. Read more about the tracker and related resources.

The Sabin Center also maintains a Climate Deregulation Tracker which identifies attempts to scale back federal climate mitigation and adaptation measures: climate.law.columbia.edu/Silencing-Science-Tracker