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 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 is continuing consultation and coordination with 

tribes now that EPA has published the proposed rule. 

In this rulemaking, EPA proposes 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 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 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/tp/consultationlconsult-policy.htm). The EPA invites you and your 

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

October 10, 2013 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 of this 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 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 

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

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper 
action. This information is also available on the EPA's Tribal Portal, 

http:/'"\W\.\.I.!pa.gO\ tribal consultation. 

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

Aguirre, Office ofWater, (202) 566-1149, aguirre.janita ii'epa.gO\ . 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 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 Technology 
Consultation 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 flexibility 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 issue 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/scitechlswguidance/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 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 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 water quality standards of 

other jurisdictions. 

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 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 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 

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). 

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 

of two 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 of the 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 of these 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 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 written Janita Aguirre 

consultation: 12/03/2013 comments 1200 Pennsylvania Ave NW 

Mailcode: 4305T 

Washington, DC 20460