August 19 Tribal Teleconference with EPA on an Upcoming Regulation

Elana Goldstein to:

David Janik, Lois Adams, Janice Whitney, 

Grant Jonathan, Bill Patton, Willie Harris, 

Randy Gee, Wolfgang Brandner, Alfreda 

Mitre, Jean Gamache, Sally Thomas

08/05/2010 04:38 PM

Cc:

David Guest, Jeff Besougloff, Chris Hoff, Elana Goldstein, 

OW-OST-WQS-Brchiefs, OW-OST-WQS-Coordinators, 

OW-OST-SHPD-WQS-HQ, Sadie Hoskie

TO: Regional Indian Coordinators

I am writing to request your assistance in spreading the word electronically to Tribes in your Region about 

an upcoming consultation opportunity.

The Office of Water is developing a rulemaking that would propose a limited set of targeted changes to 

the water quality standards regulation. This would directly affect tribes that have been found eligible to be 

treated in the same manner as a state (TAS) for administering a water quality standards program. 

OW is initiating consultation with tribes at this early stage. We are mailing hard copy letters (attached 

below) to the leaders of the 564 federally-recognized tribes inviting any interested tribes to participate in a 

teleconference with EPA on August 19 to learn more about the potential proposal and express their views. 

Details are below and in the attachments.

Would you please forward this email to your Regional Tribal Operations Committee or equivalent to 

ensure that appropriate tribal environmental staff learn about this teleconference as soon as possible? 

We also want to be sure the 45 tribes with TAS for water quality standards know as soon as possible 

about the teleconference. Would you please contact these tribes electronically as well? These tribes are 

listed at http://epa.gov/waterscience/tribes/approvtable.htm. I am also copying appropriate people in the 

Regional Water office staff in hopes they can assist -- or take the lead -- in these notifications.

Please let me know if you can help us in this way. If you have questions or concerns, or are unable to 

assist, please let us know right away so we can make alternative arrangements.

Thank you in advance for your assistance. Please let me know if you need more information.

Elana

Elana Goldstein

Acting Tribal Coordinator

EPA Office of Water

1200 Pennsylvania Avenue NW 

Mailcode 4101M 

Washington, DC 20460

202-564-1800

- - - - - - - - - -

Call Information:

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.

Attachments:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

AUG5 m OfFICE OF

WAT ER

Dear Honorable Leaders:

I ampleased to inform you that EPA is starti ng to develop a proposed rulemaking

relating to water quality standards that may be of interest to you.

You may he interested in this rulemaking if (a) your tribe is one ofthe 45 tribes

that are eligible to be treated in a manner similar to a state (TAS) for the purpose of

administering water quality standards under the Clean Water Act, (b) if your tribe has

submitted an application for TAS, (c) if your tribe is developing wate r quality standards,

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

The rulemaking would 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. These would be

primarily technical changes to the regulation. The regulation, which has been in place

since 1983, governs how states and authorized tribes ado pt 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 20 11.

Since this rulemaking may affect tribal water quality standards programs under

the Clean Water Act, we believe it is important to conduct a consultation process with

tribes. We want to have the full benefit oftribal views on the changes we are

contemplating. Therefore, I cordially invite you or your water qualitv program staff

members to participate in the following national teleconference:

Tribes-only Session: "Water Quality Standards Regulatory Changes"

August 19, 2010

4:00 - 5:30 pm EDT

Telecouference phone numher: (888) 689-4723

Conference ID: 90716957

I am enclosing a fact sheet about the consultation. The fact sheet also contains

instructions for participating in the teleconference. We are not inviting states, local

governments, or the gene ral public to the tribal-only session above. They will have other

opportunities to provide views to EPA. The fact sheet desc ribes teleconferences that will

be held for the publi c on August 24 and 26, 2010. EPA will present the same information

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

public teleconfere nces as well.

Internet Address (URLj • hltpJIwww.epa.gov

Recye ledlRecyclable • Printed with Vegetable Oil Based Inks on 100% Poslconsumer, Process Chlorir\BFree Recycled Paper
If you have any questions, please contact Evelyn Washington, Acting Director of

the Standards and Health Protection Division in the Office Water, at (202) 566-0591, or

Fred Leutner, Senior Advisor for Water Quality Standards at (202) 566-0378.

Wann Regards,

9h~k7 Ephraim S. King

Director

Office ofScience and Technology

Enclosure
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.