View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

EPA/OW RIN: 2040-AF62 Publication ID: Spring 2023 
Title: Federal Baseline Water Quality Standards for Indian Reservations 

On April 27, 2023, the EPA Administrator signed a proposed rule to establish water quality standards (WQS) for waters on Indian reservations that do not have WQS under the Clean Water Act (CWA). This rule will help advance President Biden’s commitment to strengthening the nation-to-nation relationships with Indian country. Fifty years after enactment of the CWA, over 80% of Indian reservations do not have this foundational CWA protection for their waters. Addressing this lack of CWA-effective WQS for the waters of more than 250 Indian reservations is a priority for EPA, given that WQS are central to implementing the water quality framework of the CWA. Promulgating baseline WQS provide more scientific rigor and regulatory certainty to National Pollutant Discharge Elimination System (NPDES) permits for discharges to these waters. Consistent with EPA’s regulations, the baseline WQS would include designated uses, water quality criteria to protect those uses, and antidegradation policies to protect high quality waters. EPA has consulted with tribes and will continue to do so.

Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 131   
Legal Authority: 33 U.S.C. 1313(c)(4)(B)   
Legal Deadline:  None
Action Date FR Cite
ANPRM  09/29/2016  81 FR 66900   
NPRM  05/05/2023  88 FR 29496   
NPRM Comment Period End  08/03/2023 
Final Rule  03/00/2024 
Additional Information: .
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:  
RIN Data Printed in the FR: No 
Agency Contact:
James Ray
Environmental Protection Agency
Office of Water
Mail Code 4305T, 200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1433

Danielle Anderson
Environmental Protection Agency
Office of Water
Mail Code 4305T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-1631