United States 

Environmental Protection 

Agency 

Office of Water 

4305T 

July 2010 

Fact Sheet – Consultation with Indian 

Tribes 

Water Quality Standards Regulatory Changes 

Summary

EPA is planning to propose a limited set of targeted changes to the water quality standards 

regulation to improve its effectiveness in helping restore and maintain the chemical, physical, 

and biological integrity of the nation’s waters. The regulation, which has been in place since 

1983, governs how states and authorized tribes adopt standards needed under the Clean Water 

Act to protect the quality of their rivers, streams, lakes, and estuaries. EPA expects to publish a 

proposed rule in the Federal Register in summer 2011. Prior to publishing a proposed rule, EPA 

will begin the consultation process with Indian tribes, and will hold informal “listening sessions” 

for state and local governments and members of the public to express their views on the changes 

EPA is considering. 

Background

Water quality standards serve as the foundation for the water quality-based approach to pollution 

control, including Total Maximum Daily Loads (TMDLs) and National Pollutant Discharge 

Elimination System (NPDES) permits, and are a fundamental component of watershed 

management. 

EPA developed its federal regulations to implement the requirements of the CWA. The Federal 

Water Quality Standards regulations are found at 40 CFR Part 131. Fundamentally, the 

regulation: 1) defines when and how designated uses may be revised; 2) requires criteria to 

protect those uses and be based on sound science; 3) requires EPA and states to prevent the 

degradation of water quality, except under certain circumstances; 4) requires states/tribes to 

review their water quality standards at least every three years and engage the public in any 

revisions to water quality standards; and 5) specifies roles of states, tribes, and EPA and provides 

administrative procedures for EPA’s review. 

Potential Scope of the Changes 

The core requirements of the current regulation have been in place since 1983. These 

requirements have provided a solid foundation for water quality-based controls that have been 

put in place since then. The intent of the changes EPA is considering is to improve the 

regulation’s effectiveness by strengthening protection for high quality waters, ensuring that 

standards reflect a continued commitment to the goals of the Clean Water Act wherever 

attainable, improving the transparency of standards actions to the general public, and 

strengthening EPA oversight. Specifically, EPA is considering providing clarity in the following 

key areas: 1) antidegradation implementation methods, 2) Administrator’s determination, 3) 
2

designated uses, 4) variances to water quality standards; 5) triennial review scope and 

requirements, and 6) updating the regulation to reflect court decisions. 

Consultation with Tribes 

Since this rulemaking may affect the content of tribal water quality standards under the Clean 

Water Act, EPA believes it is important to begin the consultation process with tribes at this early 

stage. EPA wants the full benefit of tribal views on the changes being contemplated. 

Accordingly, EPA will hold a national teleconference exclusively for interested tribes: 

 Tribes-Only Session: “Water Quality Standards Regulatory Changes” 

 August 19, 2010 

 4:00 – 5:30 pm EDT 

 Teleconference phone number: (888) 689-4723 

 Conference ID: 90716957 

You need not pre-register to participate in this session. However, if you pre-register, it will help 

EPA allocate enough telephone lines for each session. To pre-register, simply send an email to 

SHPDcomments@epa.gov entitled “Tribal session” and provide your name and tribe. 

Please call the teleconference number listed above about 10 minutes early to provide enough 

time for the operators to collect your name, the name of the tribe or group you represent, your 

telephone number, and your email address (if you wish to be placed on our mailing list). 

The agenda and resource materials are available on EPA’s website at 

http://www.epa.gov/waterscience/standards/rules/wqs/. If you were unable to make a comment 

during the listening sessions, or otherwise have comments on the regulatory changes EPA is 

considering, you may send your comments by email to SHPDcomments@epa.gov, or mail them 

to Thomas J. Gardner, Office of Science and Technology (Mail Code 4305T), Office of Water, 

Environmental Protection Agency, 1200 Pennsylvania Avenue SW, Washington, DC 20460. 

Listening Sessions for the Public 

EPA will also hold two informal public listening sessions via audio teleconference 

August 24 and 26, 2010, to inform the public about the rulemaking, and to receive views on 

changes to the water quality standards regulation that are under consideration. See 

www.epa.gov/waterscience/standards/rules/wqs for details. EPA will present the same 

information in both the tribes-only session and the public sessions. Tribes may participate in the 

public sessions at their discretion. 

How to Get Additional Information

As this rulemaking proceeds we will provide information updates on EPA’s website 

www.epa.gov/waterscience/standards/rules/wqs. If you have questions or comments, you may 

email Christina Christensen at christensen.christina@epa.gov for further information, or send an 

email to SHPDcomments@epa.gov.