UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

SEP 1 5 2014 

Dear Honorable Leader: 

OFFICE OF 

WATER 

The U.S. Environmental Protection Agency (EPA) is continuing consultation and 

coordination with federally-recognized Indian tribes on revisions to the water quality 

standards regulation at 40 CFR part 131. 1 In August of 2010, EPA conducted tribal 

consultation early in the development of the proposed rulemaking. During the initial 

consultation process, 150 tribes participated in information sessions and expressed some 

level of interest in this action. EPA published the proposed rule in the Federal Register 

on September 4, 2014, and conducted a second round of tribal consultation for 90 days, 

including a ''tribes only" webinar held on November 19,2013. With this letter, EPA is 

continuing consultation and coordination with tribes as EPA prepares the final rule. 

In the proposed rule, EPA focused on a limited set of targeted changes to the water 

quality standards regulation at 40 CFR part 131 to improve its effectiveness in helping 

restore and maintain the chemical, physical, and biological integrity of the nation's 

waters. You may be interested in this rulemaking if (a) your tribe is one of the 48 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 T AS for the purpose of administering water quality 

standards under the Clean Water Act; (c) if your tribe is developing water quality 

standards; or (d) if you have encountered issues relating to the water quality standards of 

other jurisdictions. 

This consultation and coordination process will be conducted in accordance with the EPA 

Policy on Consultation and Coordination with Indian Tribes 

(http://www.epa.gov/tp/consultation/consult-policy.htm). EPA invites you and your 

designated consultation representative(s) to participate in a "tribes only" webinar on 

October 16, 2014 from 1 :00 p.m. to 3 :00 p.m. Eastern. Tribes may also request separate 

consultation with EPA during the consultation and coordination period. EPA's consultation 

and coordination process with tribes on this proposed rule is expected to extend from the 

date ofthis letter until October 31, 2014. 

1 The proposed revisions to the water quality standards regulation ( 40 CFR part 131) was published in the 

Federal Register on September 4, 2013 and is accessible at regulations.gov (78 FR 54517, September 4, 

2013). 

lntemet Address (URL) • http://www.epa.gov 

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Attached is a consultation plan for this action that includes a description of the action 

under consultation, and the process EPA intends to follow, including a timeline for the 

consultation and coordination, and information on how you can provide input on this 

action. This information is also available on EPA's Tribal Portal, Tribal Consultation 

Opportunities Tracking System at http://tcots.epa.gov. 

The official EPA contact person for this " consultation and coordination process is Janita 

Aguirre, Office of Water, (202) 566-1149, aguirre.janita@epa.gov. Please do not 

hesitate to contact her should you have any questions or if you would like to request 

alternate arrangements to the process outlined in the consultation plan. 

We look forward to hearing from you on this important matter. 

Sincerely, 

Elizabeth Southerland 

Director, Office of Science and Technology 
Consultation and Coordination Plan 

For EPA's Water Quality Standards Regulatory Revisions Final Rule 

September 20 14 

Information on the Water Quality Standards Regulatory Clarifications Proposed Rule 

On September 4, 2013, EPA issued a Federal Register notice at 78 FR 54517 proposing 

revisions to the federal water quality standards (WQS) regulation at 40 CFR part 131. This 

regulation interprets and implements section 303(c) ofthe Clean Water Act. The core of the 

current regulation was established in 1983; since then, a number of issues have been raised 

by stakeholders or identified by EPA in the implementation process that will benefit from 

clarification and greater specificity. EPA is now developing the final rule. Once fmal, the 

revisions in this rulemaking will lead to improved water quality standard development, 

implementation and compliance as well as improving the ability of water systems to adapt 

and respond to the impacts of climate change. 

The purpose of this consultation is to allow tribes a final opportunity to provide comments 

and input before EPA publishes the final action. Such comments and input should be 

focused on the topics included in the proposed rule, specifically: 

• establishing a more transparent process for the Administrator to announce a 

determination that new or revised WQS are necessary under section 303(c)(4)(B) of 

the Act; 

• ensuring authorized tribes and states are striving to meet the highest attainable water 

quality goals even where Clean Water Act goals are unattainable; 

• ensuring authorized tribes and states consider updating their WQS to reflect EPA's 

latest criteria recommendations; 

• enhancing state and tribal implementation of antidegradation requirements and 

helping better maintain and protect high quality waters; 

• providing regulatory flexibility and boundaries to allow authorized tribes and states 

to use WQS variances to achieve water quality improvements instead of resorting to 

a use change; and 

• clarifying that, in order to issue permit compliance schedules, authorized tribes and 

states must first authorize permit compliance schedules in their WQS regulations. 

For more information, see EPA's water quality standards website at 

http://water.epa.gov/scitechlswguidance/standards/. In addition, for information about the 

rulemaking, see http://water.epa.gov/lawsregs/lawsguidance/wgs index.cfm. 

Potential Impacts to Tribes 

All tribes, especially those that could potentially be affected by the water quality standards 

regulatory revisions, are invited to participate. We greatly appreciate any and all tribal 

views on the water quality standards regulatory revisions we are contemplating to 

strengthen the protection of our Nation's waters. 
Your tribe may be impacted by this rulemaking if (a) your tribe is one of the 48 tribes 

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

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

submitted an application for TAS for the purpose of administering water quality 

standards under the Clean Water Act; (c) if your tribe is developing water quality 

standards; or (d) if you have encountered issues relating to water quality standards of 

other jurisdictions. 

Opportunities for Tribes to Participate 

EPA conducted extensive outreach on this rulemaking prior to its proposal. In 2010, EPA 

sent letters to the federally-recognized Indian tribes announcing the beginning of the 

rulemaking process and offering opportunities for consultation and coordination. EPA 

conducted "tribes only" national teleconferences on August 19 and December 14, 2010, to 

discuss potential changes to the water quality standards regulations and receive ideas and 

views from the tribes. Input received from tribes included interest in revisions to triennial 

review requirements, support for antidegradation and WQS variance revisions, concerns 

about whether the revisions will "incur new costs for tribes, and desire to continue 

coordination and consultation throughout the rulemaking process. EPA also conducted two 

"listening sessions" for the general public to which tribes were invited. EPA considered all 

of the ideas and input received in those and other sessions in developing the proposed rule 

published in the Federal Register (78 FR 54517, September 4, 2013). 

Following publication of the proposed rule in September 2013, EPA conducted a 90-day 

tribal consultation period, including a ''tribes only" consultation webinar on November 19, 

2013. Tribes were also invited to attend one public meeting2 and two national webinars3 

held for the general public, states and stakeholders. 

EPA is now seeking discussion with and feedback from tribes as the Agency prepares the 

final rule. The agency will hold a tribes-only webinar for tribal leaders and staff. The 

webinar will consist of two parts. The first part will provide tribes with information about 

the proposed rule and the direction of the fmal rule. The last part of the webinar will be 

reserved for consultation comments from tribal leaders or their consultation designees. 

Tribes may submit written consultation comments electronically4 to aguirre.janita@epa.gov, 

or in hard copy to: 

J anita Aguirre 

1200 Pennsylvania Ave NW 

Mailcode: 4305T 

Washington, DC 20460 

2 The public meeting was held on October 29, 2013 in Washington, DC. 

3 The national webinars were held on September 23 and November 14,2013. 

4 EPA encourages electronic submission of written comments via email to ensure timely receipt. 
Tribes may access this letter, and related consultation information on EPA's Tribal Portal 

under Tribal Consultation Opportunities, located at: http://tcots.epa.gov/. 

The combined goal for this effort is to ensure that there is sufficient information for tribal 

officials to make an informed decision about the desire to continue with consultation and to 

understand how to provide informed input. 

The table below lays out the process and timeline for government-to-government 

consultation and coordination process. 

Date Event Contact Information 

. 09/15/2014-10/31/2014 Timeframe for Tribal EPA contact: Janita Aguirre 

Consultation 1200 Pennsylvania Ave NW 

Mailcode: 4305T 

Washington, DC 20460 

Phone: (202) 566-1149 

E-mail: aguirre.janita@epa.gov 

10/16/2014 from Tribal Information and The webinar will be held using 

1:00 p.m.-3:00p.m. Consultation Webinar Adobe® Connect. To register for the 

Eastern webinar, please visit: 

http://www.tetratechffx.com/wqsregs/tribal/registration.cfm. 

You will receive an email confirmation 

after your registration has been 

submitted. 

Following registration and within one 

week of the webinar, you will receive 

an email with information for accessing 

the webinar on the day of the event. 

End date of tribal Tribes may submit J anita Aguirre 

consultation: 10/31/2014 written comments 1200 Pennsylvania Ave NW 

Mailcode: 4305T 

Washington, DC 20460 

Please consider 

transmitting a copy of E-mail: aguirre.janita@epa.gov 

written comments via 

email to ensure timely 

receipt.