# NATIONAL TRIBAL WATER COUNCIL

May 22, 2014

Sarah Furtak USEPA Office of Water, Watershed Branch 1200 Pennsylvania Avenue, NW Mail code: 4503T Washington, DC 20460

Ms. Furtak:

The National Tribal Water Council (NTWC) is pleased to provide comments on the USEPA's "Rulemaking to Provide More Opportunities to Fully Engage Tribes in the Clean Water Act Section 303(d) Impaired Water Listing and Total Maximum Daily Load (TMDL) Program." It is gratifying to see EPA respond to the NTWC's expressed concerns and request for addressing this critical gap in tribal authorization to implement a key part of the Clean Water Act, and to move forward with this consultation and rulemaking process.

As the number of tribes with TAS approval for various Clean Water Act programs (§106, §319, §303(c)) has grown, it has become apparent that tribes can successfully exercise those authorities to monitor, assess and protect their water resources. But without a clear process for identifying impaired waters, and to establish and enforce the regulatory and non-regulatory means for restoring beneficial uses, we have not been able to fully address the range of water resource needs in Indian Country. In some Regions, EPA has taken the lead to develop TMDLs for waters in Indian Country, or helped facilitate a cooperative approach between tribes and states, with the state water quality standards being applied. In some instances tribes were invited to participate in pollutant loading studies and to help implement the necessary practices for restoring beneficial uses alongside their state partners, but tribal priorities for addressing water resource impairments may not necessarily align with states, nor do tribes currently have clear authority to initiate such actions.

It would be desirable to see a streamlined TAS process defined for this CWA authority, such that a tribe may be able to apply for both CWA §303(c) and §303(d) concurrently. For those tribes that already have secured TAS approval for their water quality standards program, the TAS determination for this additional CWA program authority should be expeditious and not require substantial new information, as their capacity and administrative authorities should already have been clearly established. EPA will also need to carefully consider how tribes that pursue this new CWA authority can be provided with the programmatic (financial, technical) support to successfully implement it. Finally, it should be noted that

711 Stewarts Ferry Pike, Nashville, TN 37214 Ph.: (615) 467-1705 Fax: (615) 872-7417 Steve Terry, Sr. Project Coordinator, sterry@usetinc.orgSarah Furtak

May 22, 2014 Page 2

once tribes obtain the 303(d) authority and create their own impaired water bodies list, they will need to be rectified with State and EPA lists that may contain tribal water bodies.

It is especially noteworthy that this initiative from EPA comes at the 30 th anniversary of Administrator Browner's 1994 action memo establishing EPA's Indian Policy and actively promoting tribal capacity for environmental programs. Tribal nations are anxious to engage with our EPA partners in broader implementation of the Clean Water Act, and to exercise our sovereign authorities to protect the water resources that have sustained our communities for many generations as well as continue to protect our water resources for all future generations. We appreciate the opportunity this represents for our ability to expand our tribal water programs, and to extend our partnership with EPA in a substantial and meaningful way. We look forward to continuing to provide input and support to EPA during the rulemaking process.

Sincerely,

e-'7
Ken Norton, Chairman