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EPA/OW RIN: 2040-AF62 Publication ID: Fall 2024 
Title: Federal Baseline Water Quality Standards for Indian Reservations 
Abstract: On April 27, 2023, the Environmental Protection Agency Administrator signed a proposed rule to establish water quality standards for certain Indian reservations that do not have WQS under the Clean Water Act. 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 potentially more than 250 Indian reservations is a priority for the EPA, given that WQS are central to implementing the water quality framework of the CWA. Promulgating baseline WQS would provide more scientific rigor and regulatory certainty to National Pollutant Discharge Elimination System permits for discharges to these waters. Consistent with the EPA’s regulations, the baseline WQS include designated uses, water quality criteria to protect those uses, and antidegradation policies to protect high quality waters. The EPA consulted with Tribes in the summer of 2021 during the pre-proposal phase and in the summer of 2023, concurrent with the public comment period associated with the proposal. The EPA accepted public comments on the proposed rule between May 5, 2023, and August 3, 2023. The EPA also conducted two public hearings. The first was held June 27, 2023. The second was held July 12, 2023. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 131   
Legal Authority: 33 U.S.C. 1313(c)(4)(B)   
Legal Deadline:
Action Source Description Date
None       
Timetable:
Action Date FR Cite
ANPRM  09/29/2016  81 FR 66900   
NPRM  05/05/2023  88 FR 29496   
Final Rule  12/00/2024 
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: https://www.epa.gov/wqs-tech/promulgation-tribal-baseline-water-quality-standards-under-clean-water-act  
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
Email: ray.james@epa.gov

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