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 Impa i red Water Listing and Total Maximum Daily Load Program Dear Honorab le Leader: The U.S. E nvironmental Prot ec tion Agency (EPA) is initiating consultation and coordination with federally recognized Indian tribes on a proposed rulemaking to provide more opportunities to fully engage tribe s in the Clean Water Act (CWA ) Section 303(d) Impaired Water Listing and Total Maximum Daily Load (TMDL) Program. Thi s action will provide such opportunities by clarifying the process for tribes to obtain Treatment in a Simi lar 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 s tringent enough to meet the water quality standards set by state s, territories, and author ized tribe s. The law requires that states, territorie s, and authorized tribes: 1) dev e lop lists of impaired waters; 2) estab lish priority rankings for waters on the li sts; and 3) develop TMDLs for these waters. A TMDL is a calculatio n of the maximum amo unt of a po llutant that a water body can receive and still safely meet water quality standards. In this rulemaking , EPA will propose a proce ss for Indian tribes to apply to EPA for authority to es tablish lists of impaired waters and TMDLs pursuant to section 303(d) of the CWA. You may be inte r ested in thi s rulemaking if your tribe :
• is one of over 60 tri bes found e li g ib le for or seeking eligibility for TAS for the purpose of administering water quality standards under the CW A and is interested in submitting an applic ation for TAS for the CWA section 303(d) Impaired Water Listing and TMDL Program , • is inte r es ted in submitting a jo int appl ication fo r Water Quality Standards and Impaired Water L i sting and TMD L Programs, • i s interested in developing impaired water lists and TMDLs , or • has an interest in impaired water listing and TMDLs in otherjurisdictions. This consultati on 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!consu ltpolicy.htm). The E PA inv ites yo u an d your desig nated con sul tat ion representative(s) to participate in a
" tribes only" webinar on Tuesday , April29, 2014 from 1:00 p.m. to 3:00p
.m. Eastern. Yo u may register for the webinar at https : // www2
. gotom ee ting

.com/reqister/171746226. EPA a lso extends an invitation f o r tribes to request government-to-government consultation during th e consultation and coordination period. The EPA 's cons ul tation and coordination process with t ribe s for this action i s

Recycled/Recyclable • Pmted with Vegetable OU Based Inks on 100% Recycled Paper (40% PoSiconsumer)expected to extend from April 8 , 2014 until May 22, 20 14 , and then continue in late summer 2014 until the public comment period on this proposed rulemaking ends. Attached is a consultation plan fo r this action that includes a description of the action under consultation , and the proce ss the EPA intend s to follow, including a timeline for the consultation and coordination, and information on how you can provide input on this action
. Thi s information is also availab le on th e EPA's T ribal 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. Pl ease 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 t he opportu nity to provide input on the proposed rulemaking during the public comment period. The propo sed rule is expected to be published in the Federal Register in summer 2014. The EPA wi ll 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 E nvironmental Directors Regional Indian Coordin ators Section 106 Tribal Coordinators Sincerely,

Benita Best- Wong Director Office of Wetlands, Oceans and Watersheds

Matthew Richardson, Acting OW Tribal Coordina tor 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 Tota l Maximum Daily Load (TMDL) Pro gram. According to CWA section 518(e), EPA shall, in consultation with Indian tribes, promulgate fin al regulations which s pecify how Indian tribes shall be treated as states for purpose s of this Act. Under section 303( d) of the CWA, states, territories, and authorized tribes develop lists of impair ed waters. These are waters for which technology-based regulations and other required control s are not stringent enough to meet the water quality standards set by states, territories, and authorized tribes. The law requires that states, terri to ries, 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) regul at ions; however , existing regulations do not explicit ly address T AS for CW A Section 303(d). The proposed rule wi ll 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 tr ibal waters to develop impaired waters lists , for developing TMDLs for EPA review, and for overseeing implementa tion 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) Impair ed Water Li sting and TMDL Program, are invited to participate. We greatly appreci ate any and all tribal views on the process EPA will propose for tribes to obtain T AS authority fo r the CW A Section 303(d) Impaired Water Listing and TM DL Program. Your tribe may be affected by this rulemakin g if your tribe :

• is one of over 60 tribes fo und eligible or seeking eligibility for TAS for the purpose of administering water quality standards under the CW A and i s interested in submitting an application for TAS for the CWA section 303(d) Impaired Water Listing and TMDL Program,


### 1• is interested in s ubmitting a joint application for Water Quality Standards and Impaired Water Listing and Total Maximum Daily Load (TMDL) Programs, • is interested in developing impair ed water lists and TMD Ls, or • has an interest in impaired water li sting and TMDLs in otherjurisdictions. EPA would be interested in input from the 48 tribes that have undergone the Water Quality Standards TAS 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, re storing , and maintaining water quality. EPA is also interested in understanding why a tribe may or may not be interested in seeking TA S authority for the CWA Section 303(d) Impaired Water Li s tin g and TMDL Program at this time. 

### Opportunities for Tribes to Participate The E PA is seeking consultation and coordination with tribes on the propo sed 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?OpenView. Date Ev ent Contact Information April 8, 2014

- Time Frame for EPA Contact: Sarah Furtak May 22,2014 Tribal Consultation 1200 Pennsylvania Avenue, NW Mail code: 4503T Washington, DC 20460 Phone: (202) 566-1167 E-mail: furtak.sarah@epa.gov

2Dat e Event Contact Inf ormation April 22, 20 14 National Tribal Sara h Furtak Water Council 1200 Pennsylvania Avenue , 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 h ttps:/ /www2
.qoto m eetinq.com/reg is t e r/1717 46 226 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 acces s ing 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 ofThis Tribes may submit Sarah Furtak Phase of Tr ibal wr i tten comments 1 200 Pennsylvania Avenue , NW Consultation: Mail code: 4503T May 22 ,2 014 Washington, DC 20460 Summer 2014 Tribal Informat ion More information to follow. (Expected): and Consultation Sarah Furtak Tribal Webinar During the 1200 Pennsylvania Avenue, NW Consultation Federal Register Mail code: 4503T Continues Notice Public Washington , DC 20460 Comment Process



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