Tribal Consultation and Coordination on EPA’s Proposed Federal Baseline Water Quality Standards for Indian Reservations
On April 27, 2023, EPA Administrator signed a proposed rule to promulgate federal baseline water quality standards (WQS) for waters on over 250 Indian reservations that do not have WQS in effect under the Clean Water Act (CWA). This proposed rulemaking would extend the same framework of water quality protection to these tribal waters that currently exists for most other waters of the United States. The baseline standards would safeguard water quality until tribes adopt their own WQS for these waters under the CWA.
- Fact Sheet: Proposed Federal Baseline Water Quality Standards for Indian Reservations (pdf)
- Proposed Rule: Federal Baseline Water Quality Standards for Indian Reservations
EPA conducted tribal engagement and consultation on the concepts reflected in this proposed rule between June and September 2021, prior to drafting the proposed rule. This proposed rule reflects input received through that engagement and consultation. Now that the proposed rule has been released for public review, EPA is inviting federally recognized Indian tribes to continue consultation and coordination to inform the final rule.
This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes.
Tribes-Only Listening Sessions
EPA held two online listening sessions for tribal leaders and staff:
- Wednesday, June 21, 2023
- Thursday, July 6, 2023
Written Comments on the Proposal
All written tribal comments received are available in the docket at regulations.gov (Docket ID No. EPA-HQ-OW-2016-0405). EPA will address written comments received directly through the docket in a response to comments document that will accompany the final rule. Written comments not submitted as public comments via the docket will instead be addressed in a tribal consultation summary accompanying the final rule.
Pre-Proposal Tribal Consultation
EPA held a 90-day pre-proposal tribal consultation and coordination period with federally recognized Indian tribes on this action from June 15 to September 13, 2021. This process was conducted in accordance with the EPA Policy on Consultation and Coordination with Indian Tribes.
A summary report of tribal consultation and engagement for this rulemaking is available below.
EPA held two pre-proposal online national listening sessions for tribal leaders and staff.
- First Listening Session for Promulgation of Tribal Baseline Water Quality Standards Under the Clean Water Act – July 8, 2021
- Second Listening Session for Promulgation of Tribal Baseline Water Quality Standards Under the Clean Water Act – August 31, 2021
Pre-Proposal Written Comments Received
EPA received the following written comments during pre-proposal tribal consultation. All comment letters received in the pre-proposal tribal consultation period are available in the docket at regulations.gov (Docket ID No. EPA-HQ-OW-2016-0405).
- August 13, 2021 – Region 10 Regional Tribal Operations Committee Comment Letter
- August 24, 2021 – Nez Perce Tribe of Idaho Comment Letter
- September 10, 2021 – National Tribal Water Council Comment Letter
- September 13, 2021 – Pyramid Lake Paiute Tribe Comment Letter
- September 13, 2021 – Seneca Nation of Indians Comment Letter
- September 13, 2021 – Leech Lake Band of Ojibwe Comment Letter
- September 22, 2021 – Onondaga Nation Comment Letter
- September 27, 2021 – Snoqualmie Indian Tribe Comment Letter
- October 28, 2021 – Nez Perce Tribe of Idaho Comment Letter
- October 28, 2021 – Buena Vista Rancheria of Me-Wuk Indians Comment Letter