View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
EPA/OW RIN: 2040-AG17 Publication ID: Spring 2024 
Title: Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights 
Abstract: Many Tribes hold reserved rights to resources on lands and in waters where states establish water quality standards, through treaties, statutes, or other sources of federal law. The U.S. Constitution defines treaties as the supreme law of the land. On April 26, 2024, the EPA Administrator signed a final rule that revises the federal WQS regulation to ensure that WQS do not impair Tribal reserved rights by giving clear direction on how to develop WQS where Tribes hold reserved rights. This rule helps the EPA ensure protection of resources reserved to Tribes in treaties, statutes, or other sources of federal law when establishing, revising, and reviewing WQS. The development of this rule helps advance President Biden’s commitment to strengthening nation-to-nation relationships with Tribes. The EPA consulted with Tribes in the summer of 2021 during the pre-proposal phase and in the winter of 2023 after proposal. The EPA accepted public comments on the proposed rule between December 6, 2022, and March 6, 2023. The EPA also held two public hearings on January 24 and 31, 2023. The final rule was published in the Federal Register on May 2, 2024, and is effective June 3, 2024. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 131   
Legal Authority: 33 U.S.C. 1371   
Legal Deadline:
Action Source Description Date
None       
Timetable:
Action Date FR Cite
NPRM  12/05/2022  87 FR 74361   
Final Rule  05/02/2024  89 FR 35717   
Final Rule Effective  06/03/2024 
Additional Information: OW-2021-0791.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: https://www.epa.gov/wqs-tech/revising-federal-water-quality-standards-regulations-protect-tribal-reserved-rights   Public Comment URL: https://www.regulations.gov/docket/EPA-HQ-OW-2021-0791  
RIN Data Printed in the FR: No 
Agency Contact:
Jennifer Brundage
Environmental Protection Agency
Office of Water
4305T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1265
Email: brundage.jennifer@epa.gov

Erica Fleisig
Environmental Protection Agency
Office of Water
4305T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 566-1057
Email: fleisig.erica@epa.gov