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EPA/OW | RIN: 2040-AF62 | Publication ID: Fall 2016 |
Title: Federal Baseline Water Quality Standards for Indian Reservations | |
Abstract: EPA published an advance notice of proposed rulemaking (ANPRM) requesting public comment on the establishment of baseline water quality standards (WQS) under the Clean Water Act (CWA) for waters on Indian reservations that currently do not have EPA-approved WQS in place to protect water quality. EPA will consider comments received on this ANPRM prior to determining whether to develop a proposed rule on this topic. This ANPRM effort is one of several initiatives the EPA is undertaking that recognize the importance of protecting waters on which tribes rely. | |
Agency: Environmental Protection Agency(EPA) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Prerule Stage |
Major: No | Unfunded Mandates: Undetermined |
CFR Citation: 40 CFR 131 | |
Legal Authority: 33 U.S.C. 1313(c)(4)(B) |
Legal Deadline:
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Statement of Need: Currently, fewer than 50 of over 300 tribes with reservations have WQS effective under the CWA. Virtually all of the reservations with existing coverage have WQS established by tribes that have obtained treatment in a manner similar to a state (TAS) under CWA section 518, however, many tribes face obstacles on this pathway to WQS. The resulting gap in EPA-approved WQS in Indian reservation waters is not insignificant. Tribal reservations without CWA-effective WQS account for as much land area and population as the state of North Dakota. Federal baseline WQS would define water quality goals for unprotected reservation waters and serve as the foundation for CWA actions to protect human health and the environment. |
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Summary of the Legal Basis: The CWA establishes the basis for the water quality standards (WQS) regulation and program. CWA section 303 addresses the development of state and authorized tribal WQS that serve the CWA objective for waters of the United States. The core components of WQS are designated uses, water quality criteria that support the uses, and antidegradation requirements. Designated uses establish the environmental objectives for a water body and water quality criteria define the conditions sufficient to achieve those environmental objectives. The antidegradation requirements provide a framework for maintaining and protecting water quality that has already been achieved. The CWA creates a partnership between states and authorized tribes, and EPA, by assigning states and authorized tribes the primary role of adopting WQS (CWA sections 101(b) and 303), and EPA the oversight role of reviewing and approving or disapproving state and authorized tribal WQS (CWA section 303(c)). Absent state or authorized tribal adoption or submission of new or revised WQS, section 303(c)(4)(B) of the CWA gives EPA the authority to determine that new or revised WQS are necessary to meet the requirements of the Act. Once the Administrator makes such a determination, EPA must promptly propose regulations setting forth new or revised WQS for the waters of the United States involved, and must then promulgate such WQS, unless a state or authorized tribe adopts and EPA approves such WQS first. |
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Alternatives: To Be Determined |
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Anticipated Costs and Benefits: To Be Determined |
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Risks: to be determined |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal, State, Tribal |
Small Entities Affected: No | Federalism: Undetermined |
Included in the Regulatory Plan: Yes | |
RIN Information URL: http://tcots.epa.gov/oita/tconsultation.nsf/ | |
RIN Data Printed in the FR: No | |
Agency Contact: Danielle Anderson Environmental Protection Agency Office of Water Mail Code 4305T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 564-1631 Email: anderson.danielle@epa.gov |