UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON , D.C

. 20460

Dear Honorable Leader : OFFICE OF WATER

The U.S
. Environmental Protection Agency (EPA) is continuing consultation and coordination with federally-recognized Indian tribes on proposed revisions to the water quality standards regulation at 40 CFR part 131. In August 2010, EPA conducted tribal consultation early in the development ofthe proposed rulemaking. During the initial consultation process , 150 tribes participated in information sessions and expressed some level of interest in this action. EPA is continuing consultation and coordination with tribes now that EPA has published the proposed rule. In this rulemaking, EPA proposes a limited set oftargeted 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 ofthe nation's waters. You may be interested in this rulemaking if (a) your tribe 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) if your tribe has submitted an application for TAS for the purpose of admini stering water quality standards under the Clean Water Act, (c) ifyour tribe is developing water quality standards , or (d) ifyou have encountered issues relating to water quality standards in otherjurisdictions. 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/consulta tionlconsult-policy

.htm). The EPA invites you and your designated consultation representative(s) to participate in a "tribes only" webinar on October 10, 20 13 from 1:00 p.m. to 3:00 p.m. Eastern. EPA also extends an invitation for tribes to request formal government-to -government consultation during the consultation and coordination period. The EPA's consultation and coordination process with tribes for this action is expected to extend from the date ofthis letter until December 3, 2013 when the public comment period on this proposed rule ends. In addition, during the 90

-day public comment period for the proposed rule, the EPA will host one public meeting and two national webinars

. Tribes, at their discretion, are also welcome to participate in the national webinars and the public meeting. Attached is a consultation plan for this action that includes a description ofthe 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

Internet Address (URL) • http://www.epa.gov Recy c l ed/R ecyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paperaction. This information is also available on the EPA's Tribal Portal, http :/'"\W\.\
.I.!pa.gO\ tribal consultati on. The official EPA contact person for this consulta ti on and coordination process is Janita Aguirre, Office ofWater, (202) 566- 1 149, aguirre

.janita ii' epa . gO\
. Please do not hesitate to contact her should you ha ve any questions or ifyou would like to request alternate arrangements to the process outlined in the consulta tion plan

. Whether or not you participate in this consultation process, you will st ill have the opportunity to provide input on these revisions during the public comment period

. The proposed revisions to the water quality standards regulation (40 CFR part 131) has been published in the Federal Register (78 FR 54517, September 4, 2013) and is accessible at regulations.gov. The EPA will accept public comments until December 3 , 2013 , 90 days after the proposed rule was published in the Federal Register. We look forward to hearing from you on this important matter. Sincerely ,

Elizabeth Southerland Director, Office of Science and TechnologyConsultation and Coordination Plan For the EPA ' s Water Quality Standards Regulatory Clarifications Proposed Rule September 2013 Information on the Water Quality Standards Regulatory Clarifications Proposed Rule On September 4, 2013 , the 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 ofthe current regulation was established in 1983; since then, a number of issues have been raised by stakeholders or identified by the EPA in the implementation process that will benefit from clarification and greater specificity

. Once final , the clarifications in the proposed rule 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 EPA is requesting comments and input from tribes on the proposed changes to the regulations. Specifically, the EPA is proposing to revise the WQS regulation in 40 CFR part 131 by:

• establishing a more transparent prqcess 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 the EPA's latest criteria recommendations; • enhancing state and tribal implementation of antidegradation policies and helping better maintain and protect high quality waters ; • providing regulatory flex ibility and boundaries to allow authorized tribes and states to achieve water quality improvements before resorting to a use change ; and • clarifying that, in order to i ssue compliance schedules , authorized tribes and states must first authorize compliance schedules in their WQS regulations

. For more information, see the EPA ' s water quality standards website at http: //water.epa
. gov/s citechlswguidance/standards/
. In addition, for the complete proposed regulation and information about the rulemaking and public outreach process, see http: //water.epa.gov/lawsregs/lawsguidance/wqs index.cfm

. Potential Impacts to Tribes All tribes, especially those that could potentially be affected by the water quality standards regulatory clarifications, 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 ofthe 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) ifyou have encountered issues relating to water quality standards of otherjurisdictions. Opportunities for Tribes to Participate The EPA has done extensive outreach on this rulemaking prior to its proposal. In 2010, EPA sent letters to the federally

-recognized Indian tribes announcing the beginning ofthe 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 an interest 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 ofthe 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). The EPA is seeking discussion with tribes and feedback on the proposed rulemaking. The agency will hold a tribes

- only webinar for tribal leaders and staff. The webinar will consist oftwo parts. The first part will provide tribes an opportunity to ask questions and learn more about the proposed revisions to WQS rulemaking. The last part ofthe webinar will be reserved for consultation comments from tribal leaders or their consultation designees. Tribes may submit written consultation comments to: Janita Aguirre 1200 Pennsylvania Ave NW Mailcode: 4305T Washington, DC 20460 Tribes may also participate in any public review and comment process. The EPA is holding one public meeting and two national webinars on this action. To access the public meeting and national webinars schedule and for more information see the EPA's website for this action at: http: //water.epa.gov/ lawsregs/lawsguidance /wqs index.cfm

. Tribes may access this letter, and related consultation information on the EPA Tribal Portal under Tribal Consultation Opportunities, located at : http: // tcots.epa
. gov/oita!TConsultation.nsf.The combined goal for all ofthese efforts 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 09/04/2013

- 12/03/ 2013 Timeframe for Tribal EPA contact: Janita Aguirre Consultation 1200 Pennsylvania Ave NW Mailcode: 43.05T Washington, DC 20460 Phone: (202) 566-1149 E-mail : aguirre.janita@epa.gov 10/ 10/2013 from Tribal Information and The webinar will be held using 1:00 p.m.- 3 :00 p.m. Consultation Webinar Adobe® Connect. To register for Eastern the webinar, please visit: httg: //www.tetratechffx.corn!wgsregs/tribal/
. 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 on the day ofthe event. End date oftribal Tribes may submit written Janita Aguirre consultation: 12/03/2013 comments 1200 Pennsylvania Ave NW Mailcode: 4305T Washington, DC 20460