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) 689-4723Conference 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

. goventitled “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 WASH INGTON , D.C

. 2046 0



## AUG5 

# m Of FICE OF WAT ER


### Dea r Ho norable Lea ders :
I 

### am pl eased t o inform y ou th at EPA i s s tarti ng to d evelop a propo sed rulemakin g relating t o w ater qu ality s tan dards th at ma y 

### be o f int erest t o y ou.
Yo u may h e i n teres ted in thi s rul emakin g i f (a) yo ur trib e is o ne of th e 45 trib es 

### th at are eli gible t o be 

### tr eated in a m anner s imilar to a s tate (TAS) for th e purpo se o f a dministering wa ter q uality stan dards und er the C lean Wate r Ac t, ( b) 

### if yo ur 

### tri be h a s 

### su bmitted an ap plication f or TAS , (c) i f 

### yo ur tribe is dev eloping wate r qu ality stan dards , or ( d) if yo u h ave e ncountered i ssues relating t o st andar ds o f o ther jurisdictions

. T he rul emakin g w ould pr opose a l imit ed se t o f targe ted c hanges t o th e wa ter qu ality s tandards reg ulation t o imp rove i ts e ffectiveness 

### in help ing re store and m aintain th e c he mica l , ph ysical , a nd bi ological int egrit y o f the n ation 's w aters

. The se wo uld be primaril y t e chnical c h anges t o th e regulation. T he r egulation , w hich h as b een in pl ace s ince 1 983, gove rns h ow states an d au thorized tri bes ado pt s tan d ards n eeded unde r the C lean W ater Ac t to pr otect th e q uality o f th eir ri ver s , stre ams, lak es, an d est u aries

. EPA ex pects t o p ublish a pr oposed rul e in th e 

### F ederal Reg ister i n s ummer 20 11.
S ince th is ru lemaking m ay affe ct tri bal wa ter q uality stan dards programs un der th e C lean Wa ter Ac t, we be lieve i t is i mportant t o co nduct a co nsultation p ro cess wi th tr ibes

. We w ant t o h ave the full be nefit of tr ibal v iews on the c hanges w e are co ntemplating. Th erefore, I co rdially i nvite yo u o r yo ur w ater q ualitv prog ram staff
m embers t o parti cipate in th e fo llowing n ational t eleconference: 

### Tribes-only Session : "Water Quality Standards R egulatory Changes" August 1 9, 20 1 0 4 :00

- 5 :30 pm EDT T elecouference phone numher : (888) 689-4723 Conference ID : 90716957
I am encl osing a fac t s heet ab out th e co nsultation

. T he fa ct s heet a l so co ntains i ns tru c ti o n s fo r participa ting i n th e t eleconf eren ce. We ar e no t i n viting s tates , local gove rnment s , o r the gene ral p ublic t o the trib al-only session a bove

. They will hav e o ther o pportunities to pr ovide v iews t o EPA. Th e f act s h ee t desc ribe s tele conferences t hat w ill be h eld f or th e publi c o n A ugust 24 an d 2 6, 2 010

. EPA w ill p re s ent th e s ame inf orm ation i n b oth the tribes-only sess ion an d th e pu blic sessio ns. T ribe s m ay al so p articip ate in th e pu blic te leconfere nces as wel l.

Internet Address (URLj • hltpJ Iwww.epa .gov Recye ledlRecyclable • Printed with Vegetable Oil Based I nks on 1 00% Poslconsumer, Process Chlorir\B Free R ecycled P aper

### If yo u ha ve any que stions, p lease co ntact Evelyn Was hington, Ac ting D irector of th e S tandards and H ealth Protection D ivi si on in th e O ffice Wa ter, a t (202) 566-059 1, o r Fred Le utner , S enior A dviso r f or W ater Qua lity Standard s a t (20 2) 566 -0378

. Wann Reg ards,

# 9h~k7 E phraim S

. K i ng Di rector Office of Scie nce and Technology

EnclosureUnited 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 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 adopt 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 are a fundamental component of watershed management. EPA developed its federal regulations to implement 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 standards 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 water 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 quality 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 qualitystandards; 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 tribalviews 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.goventitled “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 havecomments 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 Christensenat christensen.christina@epa.gov for further information, or send an email to SHPDcomments@epa.gov

.