March 28,2014 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OfFICE OF 

WATER 

Re: Consultation on a Rulemaking to Provide More Opportunities for Tribes to Engage in the 

Clean Water Act Impaired Water Listing and Total Maximum Daily Load Program 

Dear Honorable Leader: 

The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination with 

federally recognized Indian tribes on a proposed rulemaking to provide more opportunities to fully 

engage tribes in the Clean Water Act (CWA) Section 303(d) Impaired Water Listing and Total 

Maximum Daily Load (TMDL) Program. This action will provide such opportunities by clarifying the 

process for tribes to obtain Treatment in a Similar Manner as a State (TAS) authority for the Program. 

Under section 303( d) of the CW A, states, territories, and authorized tribes develop lists of impaired 

waters. These are waters for which technology-based regulations and other required controls are not 

stringent enough to meet the water quality standards set by states, territories, and authorized tribes. The 

law requires that states, territories, and authorized tribes: 1) develop lists of impaired waters; 2) 

establish priority rankings for waters on the lists; and 3) develop TMDLs for these waters. A TMDL is a 

calculation of the maximum amount of a pollutant that a water body can receive and still safely meet 

water quality standards. 

In this rulemaking, EPA will propose a process for Indian tribes to apply to EPA for authority to 

establish lists of impaired waters and TMDLs pursuant to section 303( d) of the CW A. You may be 

interested in this rulemaking if your tribe: 

• is one of over 60 tribes found eligible for or seeking eligibility for TAS for the purpose of 

administering water quality standards under the CW A and is interested in submitting an 

application for TAS for the CWA section 303(d) Impaired Water Listing and TMDL Program, 

• is interested in submitting a joint application for Water Quality Standards and Impaired Water 

Listing and TMDL Programs, 

• is interested in developing impaired water lists and TMDLs, or 

• has an interest in impaired water listing and TMDLs in 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/tribal/consultation!consultpolicy.htm). The EPA invites you and your designated consultation representative(s) to participate in a 

"tribes only" webinar on Tuesday, April29, 2014 from 1:00 p.m. to 3:00p.m. Eastern. You may 

register for the webinar at https://www2.gotomeeting.com/reqister/171746226. EPA also extends an 

invitation for tribes to request government-to-government consultation during the consultation and 

coordination period. The EPA's consultation and coordination process with tribes for this action is 

Recycled/Recyclable • Pmted with Vegetable OU Based Inks on 100% Recycled Paper (40% PoSiconsumer) 
expected to extend from April 8, 2014 until May 22, 2014, and then continue in late summer 2014 until 

the public comment period on this proposed rulemaking ends. 

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

consultation, and the process the 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 the EPA's Tribal Portal, http://www.epa.gov/tribal/. 

The official EPA contact person for this consultation and coordination process is Sarah Furtak, Office of 

Water, (202) 566-11 67, furtak.sarah@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. 

Whether or not you participate in this consultation process, you will still have the opportunity to provide 

input on the proposed rulemaking during the public comment period. The proposed rule is expected to 

be published in the Federal Register in summer 2014. The EPA will accept public comments until 60 

days after the proposed rule is published in the Federal Register. 

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

cc: Tribal Environmental Directors 

Regional Indian Coordinators 

Section 106 Tribal Coordinators 

Sincerely, 

Benita Best-Wong 

Director 

Office of Wetlands, Oceans and Watersheds 

Matthew Richardson, Acting OW Tribal Coordinator 

Felicia Wright, OW Tribal Coordinator 

Enclosure 

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Consultation and Coordination Plan 

For the EPA's Rulemaking to Provide More Opportunities to Fully Engage Tribes in the Clean 

Water Act Section 303(d) Impaired Water Listing and Total Maximum Daily Load (TMDL) 

Program . 

March 2014 

Information on the Rulemaking to Provide More Opportunities to Fully Engage Tribes in Clean 

Water Act Section 303(d) Impaired Water Listing and TMDL Program 

This proposed rule will provide tribes more opportunities to fully engage in the Clean Water Act 

(CWA) Section 303(d) Impaired Water Listing and Total Maximum Daily Load (TMDL) Program. 

According to CWA section 518(e), EPA shall, in consultation with Indian tribes, promulgate final 

regulations which specify how Indian tribes shall be treated as states for purposes of this Act. 

Under section 303( d) of the CW A, states, territories, and authorized tribes develop lists of impaired 

waters. These are waters for which technology-based regulations and other required controls are not 

stringent enough to meet the water quality standards set by states, territories, and authorized tribes. 

The law requires that states, territories, and authorized tribes: 1) develop lists of impaired waters; 2) 

establish priority rankings for waters on the lists; and 3) develop TMDLs for these waters. A TMDL 

is a calculation of the maximum amount of a pollutant that a water body can receive and still safely 

meet water quality standards. 

Other programs (e.g., CW A sections 106, 303( c), 319, 402) have Treatment in a Similar Manner as a 

State (T AS) regulations; however, existing regulations do not explicitly address T AS for CW A Section 

303(d). 

The proposed rule will provide a process for eligible tribes to assume the CWA section 303(d) and 

TMDL portion of their water pollution control program and more fully engage in restoring, 

maintaining, and protecting tribal waters. Tribes that apply and are found eligible for administering 

section 303(d) would be responsible for analyzing their monitoring data to assess tribal waters to 

develop impaired waters lists, for developing TMDLs for EPA review, and for overseeing 

implementation of the .EPA-approved TMDL cleanup plans. 

Potential Impact to Tribes 

All tribes, especially those that are interested in more fully engaging in the CWA Section 303(d) 

Impaired Water Listing and TMDL Program, are invited to participate. We greatly appreciate any and 

all tribal views on the process EPA will propose for tribes to obtain T AS authority for the CW A Section 

303(d) Impaired Water Listing and TMDL Program. 

Your tribe may be affected by this rulemaking if your tribe: 

• is one of over 60 tribes found eligible or seeking eligibility for TAS for the purpose of 

administering water quality standards under the CW A and is interested in submitting an 

application for TAS for the CWA section 303(d) Impaired Water Listing and TMDL Program, 

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• is interested in submitting a joint application for Water Quality Standards and Impaired Water 

Listing and Total Maximum Daily Load (TMDL) Programs, 

• is interested in developing impaired water lists and TMDLs, or 

• has an interest in impaired water listing and TMDLs in other jurisdictions. 

EPA would be interested in input from the 48 tribes that have undergone the Water Quality Standards 

T AS process. EPA can draw on that experience as we work to clarify the T AS process for listing and 

TMDLs. Another example of valuable input from tribes includes experience that tribes have had in 

protecting, restoring, and maintaining water quality. EPA is also interested in understanding why a tribe 

may or may not be interested in seeking TAS authority for the CWA Section 303(d) Impaired Water 

Listing and TMDL Program at this time. 

Opportunities for Tribes to Participate 

The EPA is seeking consultation and coordination with tribes on the proposed rulemaking. To facilitate 

the consultation and coordination, 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 an opportunity to ask questions 

and learn more about the rulemaking. 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 to: 

Sarah Furtak 

1200 Pennsylvania A venue, NW 

Mail code: 4503T 

Washington, DC 20460 

Tribal Consultation and Coordination Process and Time Frame 

The table below lays out the process and timeline for consultation and coordination on this action. 

Tribes may access related consultation information on the EPA Tribal Portal under Tribal Consultation 

Opportunities, located at http://tcots.epa.gov/oita/TConsultation.nsf/TC?Open View. 

Date Event Contact Information 

April 8, 2014 - Time Frame for EPA Contact: Sarah Furtak 

May 22,2014 Tribal Consultation 1200 Pennsylvania A venue, NW 

Mail code: 4503T 

Washington, DC 20460 

Phone: (202) 566-1167 

E-mail: furtak.sarah@epa.gov 

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Date Event Contact Information 

April 22, 2014 National Tribal Sarah Furtak 

Water Council 1200 Pennsylvania A venue, NW 

Face-to-Face Mail code: 4503T 

Meeting with EPA Washington, DC 20460 

Phone: (202) 566-1167 

E-mail: furtak.sarah@epa.gov 

April 29, 2014 Tribal Information The webinar will be held using Gotowebinar. To register 

from 1 :00 p.m. - and Consultation for the webinar, please visit: 

3:00p.m. Eastern Webinar https://www2.qotomeetinq.com/register/1717 46226 

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. 

An archived copy and transcript of the Webinar will be 

available at http://epa.gov/owow/tmdl about 2 weeks after 

the webinar. 

End Date of This Tribes may submit Sarah Furtak 

Phase of Tribal written comments 1200 Pennsylvania Avenue, NW 

Consultation: Mail code: 4503T 

May 22,2014 Washington, DC 20460 

Summer 2014 Tribal Information More information to follow. 

(Expected): and Consultation Sarah Furtak 

Tribal Webinar During the 1200 Pennsylvania A venue, NW 

Consultation Federal Register Mail code: 4503T 

Continues Notice Public Washington, DC 20460 

Comment Process 

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