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United States 

Environmental Protection 

Agency

Office of Water

4305T

November 2010 

Fact Sheet – Second Teleconference

Session with Indian Tribes

Water Quality Standards Regulatory Changes

Summary

EPA is planning to propose 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, wetlands, and estuaries. EPA 

expects to publish a proposed rule in the Federal Register in summer 2011. In August 2010, 

EPA began the consultation process with Indian tribes, and held “listening sessions” for state 

and local governments and the public.

Background

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

pollution control under the Clean Water Act (CWA), and are a component of watershed 

management. 

EPA developed the federal water quality standards regulation to implement the requirements 

of the CWA. The federal Water Quality Standards regulations are found at 40 CFR Part 131.

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

quality criteria based on sound science to protect those uses; 3) requires states and authorized 

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

states and tribes to review their water quality standards at least every three years and to 

engage the public in any revisions to water quality standards; and 5) specifies roles and 

administrative procedures for states, tribes, and EPA.

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 in targeted areas. Specifically, EPA is considering providing clarity 

in 1) antidegradation implementation methods, 2) Administrator‟s determination, 3) 

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

requirements, and 6) updating the regulation to reflect certain court decisions. See EPA‟s 

briefing presentation and Federal Register notice at 

http://water.epa.gov/lawsregs/lawsguidance/wqs_listening.cfm. 
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Prior Teleconference Session 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 an 

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

On August 19, 2010, EPA held a national teleconference exclusively for interested tribes. 

EPA presented the broad outlines of changes being considered. Approximately 80 tribes 

participated in the teleconference, and provided valuable comments and insights. A list of 

participants is provided at http://water.epa.gov/lawsregs/lawsguidance/wqs_listening.cfm. 

Invitation and Instructions for Second Teleconference Session with Tribes 

All interested tribes are invited to participate in a second Teleconference session with EPA to 

discuss more details of EPA‟s proposal before it is issued. You may be interested if (a) your 

tribe is one of the 45 tribes eligible to be treated in a manner similar to a state (TAS) for 

water quality standards, (b) if your tribe has applied for TAS, (c) if your tribe is developing 

standards, or (d) you have encountered issues relating to standards of other jurisdictions.

Tribes-Only Session #2: "Water Quality Standards Regulatory 

Changes"

December 14, 2010

4:00 – 5:30 pm EDT

Teleconference phone number: (888) 689-4723

Conference ID: 27877415

Pre-Registration: You need not pre-register to participate in this session. However, if you 

pre-register, it will help EPA allocate enough telephone lines. To pre-register, simply send 

an email to SHPDcomments@epa.gov entitled “Tribal session” and provide your name and 

tribe.

Call-in Time: Please call the teleconference number listed above about 10 minutes early

to provide enough time before the call begins for the operator 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).

Discussion Materials: Discussion materials for this call are found on pages 3 through 4 of 

this document. EPA asks tribal participants to consider the questions posed and be 

prepared to offer your views on the questions of most interest to you.

During the Call: Normally your line will be muted by the operator. If you have a question 

or comment to make, please follow the operator’s instructions to press a key on your 

telephone keypad. The call will be recorded to facilitate notes and a transcript.

After the Call: If you were unable to make a comment during the session, 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.
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Listening Sessions for the Public and Teleconference with States

EPA held 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. EPA also held a consultation with 

states on August 25, and is holding additional sessions in November and December. See

http://water.epa.gov/lawsregs/lawsguidance/wqs_listening.cfm for lists of participants and 

transcripts from the August sessions. 

How to Get Additional Information

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

http://water.epa.gov/lawsregs/lawsguidance/wqs_index.cfm. 

The docket for this rulemaking will contain additional information as the rulemaking progresses, 

including EPA communications, comments received, and information about meetings held with 

parties outside EPA including meeting notes, participant lists, and transcripts. The docket is 

accessible at http://regulations.gov. Once in the system, select “search” then key in the 

docket identification number “EPA-HQ-OW-2010-0606.”

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.

Discussion Questions on WQS Regulatory Revisions

1. We are considering promoting greater transparency in the Triennial Review process. Can 

you share with us how your Tribe ensures your public is involved in a Triennial Review?

2. We are considering requiring that States and Tribes take public comment on the scope of 

the Triennial Review. At what point in your review process do you involve your public 

and how would this change affect your process?

3. We are considering requiring that antidegradation implementation methods be adopted 

into their standards and submitted to EPA, rather than “identified.” Could you share the 

challenges Tribes have faced or would face in adopting these methods into your 

regulations?

4. We are considering requiring States and Tribes to conduct an alternatives analysis when 

determining if a lowering of water quality is necessary to accommodate important 

economic or social development. We are considering requiring a specific option be 

chosen as the outcome of the alternatives analysis, such as the „least degrading feasible 

alternative.‟ How might such requirements affect your Tribe‟s antidegradation review 

process?
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5. We are considering requiring that every variance have an explicit expiration date, after 

which any renewal would need to be re-justified. In addition, we are considering placing 

an outside cap on how long the duration may be, say, 10, 15, or 20 years. How would 

these changes affect your program? If we include an outside cap, what would you 

recommend it be and what would be your rationale?

6. One idea that makes variances appealing to some people is that progress is made towards 

meeting WQS. If progress milestones were part of the variance do you think your public 

would find variances more or less appealing?

7. After removing a 101(a)(2) use through a UAA, how does your Tribe generally identify 

the appropriate designated use?

8. Is the process to remove a use the same for all designated uses in your Tribe, regardless if 

it is a 101(a)(2) goal use or non-101(a)(2) goal use (e.g. PWS, agriculture, irrigation, 

navigation)?

9. We are considering requiring in regulation that States and Tribes provide documentation 

or conduct an evaluation in order to remove a non 101(a)(2) use, such as a public water 

supply use. Such an evaluation would not be based on attainability. How would this 

impact your current practice?

10. We understand a few States have not classified all of their waters and have heard it could 

be beneficial to have EPA specify that all waters must be designated to protect 101(a)(2) 

goal uses unless demonstrated to be unattainable through a UAA. How would this affect 

the way your tribe is administering its standards? Would it be helpful in dealing with an 

adjacent state that might not have adopted standards for state waters in which the tribe 

has an interest (e.g., U&A areas)?

11. We are considering clarifying that, in order to constitute an Administrator‟s 

Determination, a document must be signed by the Administrator and contain a statement 

that the document is a determination under 303(c)(4)(B). We think this will allow EPA 

to provide tribes with standards advice and recommendations in writing, without a 

concern that such letters will be construed as a determination that obligates EPA to 

promulgate new or revised standards. How will this affect your Tribe‟s current practices?