```

[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Proposed Rules]
[Page 1909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31219]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / 
Proposed Rules

[[Page 1909]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 131, 230, and 233

[EPA-HQ-OW-2016-0405; FRL-5868-04-OW]
RIN 2040-AF62

Federal Baseline Water Quality Standards for Indian Reservations; 
Withdrawal of Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (the EPA or agency) is 
withdrawing the proposed rule entitled ``Federal Baseline Water Quality 
Standards for Indian Reservations,'' which published in the Federal 
Register on May 5, 2023. The EPA is electing to withdraw and not 
finalize the proposed rule at this time. Instead, the EPA intends to 
focus the agency's resources on engaging with Tribes to support Tribes' 
efforts to seek authority to administer their own water quality 
standards (WQS) program under the Clean Water Act's provision for 
eligible Tribes to be treated in a similar manner as states (TAS). The 
EPA will continue to work closely with, and offer support to, Tribes 
that are interested in pursuing TAS to administer a WQS program and 
developing their own WQS under the Clean Water Act.

DATES: As of January 10, 2025, the proposed rule published on May 5, 
2023, at 88 FR 29496, is withdrawn.

ADDRESSES: U.S. EPA, Office of Water (MC 4305T), 1200 Pennsylvania 
Avenue NW, Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: James Ray, Office of Science and 
Technology, Standards and Health Protection Division, Office of Water 
(MC 4305T), Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW, Washington, DC 20460, (202) 566-1433, [email protected]. Additional 
information is also available online at https://www.epa.gov/wqs-tech/promulgation-tribal-baseline-water-quality-standards-under-clean-water-act.

SUPPLEMENTARY INFORMATION: In the Federal Register of May 5, 2023 (88 
FR 29496), the EPA issued a proposed rule to establish Federal water 
quality standards (WQS) for Indian reservation waters that currently do 
not have WQS in effect under the Clean Water Act (CWA), with limited 
exceptions. These WQS (referred to as baseline WQS) would establish 
human health and environmental objectives as the basis for CWA 
protections.
    At this time, the EPA is withdrawing this proposed rule to focus 
the agency's resources on engaging with Tribes to support Tribes' 
efforts to seek authority to administer their own WQS program under the 
CWA's provision for eligible Tribes to be treated in a similar manner 
as states (TAS) and develop their own WQS under the CWA.
    The EPA has worked closely with Tribes to provide information about 
the TAS and WQS approval processes and has developed materials to 
assist Tribes that decide to work towards EPA-approved WQS.\1\ To date, 
52 of the 84 Tribes with TAS have submitted Tribal WQS that the EPA has 
approved as applicable WQS for the Tribes' Indian reservation 
waters.\2\ It remains the EPA's preference for Tribes to obtain TAS and 
develop WQS under the CWA that are tailored to the Tribes' individual 
environmental goals and reservation waters. The EPA will continue to 
work with Tribes to build their capacity and facilitate their 
progression through the TAS and WQS development and adoption processes.
---------------------------------------------------------------------------

    \1\ Water Quality Standards Tools for Tribes, https://www.epa.gov/wqs-tech/water-quality-standards-tools-tribes; Tribes 
and Water Quality Standards; https://www.epa.gov/wqs-tech/tribes-and-water-quality-standards; Water Quality Standards Academy; 
https://www.epa.gov/wqs-tech/water-quality-standards-academy.
    \2\ The EPA's website, EPA Actions on Tribal Water Quality 
Standards and Contacts, lists these Tribes and the dates their TAS 
authority and WQS were approved: https://www.epa.gov/wqs-tech/epa-actions-tribal-water-quality-standards-and-contacts. The EPA updates 
this list continually.
---------------------------------------------------------------------------

    The EPA provided a 90-day public comment period after publishing 
the proposed rule. The EPA received 3,314 comments, 59 of which are 
considered unique comments that addressed a range of issues pertaining 
to the proposed rule. After consideration of that input and several 
complex issues raised, the agency has insufficient time to issue a 
final rule before the end of the current Administration, and 
independently, as explained above, is choosing to shift its focus to 
supporting the development and adoption of WQS by Tribes for their 
reservation waters.

Michael S. Regan,
Administrator.
[FR Doc. 2024-31219 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
```