UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D

.C. 20460



## SEP 1 52014

Dear Honorable Leader: OFFICE O F WATER

The U.S
. Environmental Protection Agency (EPA) is continuing consultation and coordination with federally-recognized Indian tribes onrevisions to the water quality standards regulation at 40 CFRpart 131. 1 In August of2010, EPA conducted tribal consultation early inthe development ofthe proposed rulemaking. During the initial consultation process, 150 tribes part icipated in information sessions and expressed some level ofinterest in this action
. EPA publishedthe proposed rule in the Federal Register on September 4, 2014, and conducted a second round oftribal consultation for 90 days, including a ''tribes only" webinarheld 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 oftargeted changes to the water quality standards regulation at 40 CFRpart 131 to improve its effectiveness in helping restore and maintain the chemical, physical, and biological integrity ofthe nation's waters. You may be interested in this rulemaking if(a) yourtribe is one ofthe 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) ifyour tribe has submitted an application for TAS for the purpose ofadministering water quality standards under the Clean Water Act; (c) ifyour tribe is developing water quality standards; or (d) ifyou have encountered issues relating to the water quality standards of otherjurisdictions. This consultation and coordinationprocess 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 withtribes onthis 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 CFRpart 131) was published in the Federal Register on September 4, 2013 and is accessible atregulations
.gov (78 FR 54517, September4, 2013).

lntemet Address (URL) • http://www

.epa.gov Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled PaperAttached 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 l i ke 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 TechnologyConsultation and Coordination Plan ForEPA's Water Quality Standards Regulatory Revisions Final Rule September 2014 Information on the Water QualityStandardsRegulatory Clarifications ProposedRule 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 CFRpart 131. This regulation interprets and implements section 303(c) ofthe Clean Water Act
. The core ofthe current regulation was established in 1983; since then, a number ofissues have been raised by stakeholders oridentified byEPA in the implementation process that will benefit from clarification and greater specificity. EPA is nowdeveloping 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 ofwater systems to adapt and respond to the impacts ofclimate change
. The purpose ofthis 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 onthe topics included in the proposed rule, specifically:
• establishing a more transparent process for the Administrator to announce a determination that new orrevised WQS are necessary under section 303(c)(4)(B) of the Act; • ensuring au thorized tribes and states are striving to meet the highest attainable water quality goals even where Clean Water Act goals are unattainable; • ensuring au thorized tribes and states consider updating their WQS to reflect EPA's latest criteria recommendations; • enhancing state and tribal implementation ofantidegradation 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 ofresorting 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
. PotentialImpacts 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 onthe water quality standards regulatory revisions we are contemplating to strengthen the protection ofourNation'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 qual i ty 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 1 9 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 meeting 2 and two national webinars 3

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 electronically 4 to aguirr e .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 howto 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.tetratech

ffx.com/wqsregs/tribal/registration.cfm
. You will receive an email confirmation after your registration has been submitted. Following registration and within one week ofthe webinar, you will receive an email with information for accessing the webinar onthe day ofthe event. End date oftribal Tribes may submit Janita 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.