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 ta rgeted changes to the water quality standards regulation to improve its effec tiveness 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 a dopt standards needed under the Clean Water Act to protect the quality of their ri vers, 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 e xpress their views on the changes EPA is considering.

Background

Water quality standards serve as the foundation for the water quali ty-based approach to pollution control, including Total Maximum Daily Load s (TMDLs) and National Pollutant Discharge Elimination System (NPDES) permits, and ar e a fundamental component of watershed

management.

EPA developed its federal regulations to implem ent the requirements of the CWA. The Federal Water Quality Standards regul ations are found at 40 CFR Part 131. Fundamentally, the regulation: 1) defines when and how designated us es 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, excep t under certain circumstances; 4) requires states/tribes to review their water quality standa rds at least ev ery three years and enga ge the public in any revisions to water quality standard s; and 5) specifies roles of st ates, tribes, and EPA and provides administrative procedures for EPA’s review.

Potential Scope of the Changes

The core requirements of the current re gulation have been in place since 1983. These requirements have provided a solid foundation for wa ter quality-based contro ls that have been put in place since then. The intent of the ch anges EPA is considering is to improve the regulation’s effectiveness by stre ngthening protection for high qua lity waters, ensuring that

standards reflect a continued commitment to the goals of the Clean Water Act wherever attainable, improving the transp arency of standards actions to the general public, and strengthening EPA oversight. Specifically, EPA is considering providing cl arity in the following key areas: 1) antidegradation implementation methods, 2) Administrator’s determination, 3)2 designated uses, 4) variances to water quality standards; 5) trienni al review scope and requirements, and 6) updating the regul ation 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 th e 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 Qualit y 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 pr e-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 numbe r 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 Penns ylvania Avenue SW, Washington, DC 20460.

Listening Sessions for the Public

EPA will also hold two informal public lis tening sessions via audio teleconference August 24 and 26, 2010, to inform the public abou t the rulemaking, and to receive views on changes to the water quality standards regul ation 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 th e 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

.