Federal Water Quality Standards for Waters in Indian Country
What are we doing?
In 1998-2000, we consulted with the Tribal Caucus and over 235
tribal representatives, to develop the concept of promulgating
Federal water quality standards as a way to protect Indian country
waters currently without Clean Water Act standards. On January
19, 2001, The Administrator signed a proposed rule to promulgate
"core" Federal standards in Indian country except where
tribes "opt out" to develop or work with us on specific
standards. "Core" standards would include the basic
provisions of standards as a first step that could be supplemented
with more detail at a later date. On January 22, 2001, we withdrew
that proposal a few days later to allow the new Administrator
to review it. The new Administrator directed us to conduct additional
consultation with tribes and states before releasing a proposed
rule.
We have considered what the appropriate next steps are to move
forward to provide water quality standards coverage to waters
in Indian country. We have found that a number of issues had been
raised both before and after 2001, with a mix of opinions including
varying views from Tribes. We've decided to consult futher with
Tribes and States and obtain views from the public on specific
aspects of promulgating Federal water quality standards for waters
of Indian country. The next step of our review will be to issue
an Advance Notice of Proposed Rulemaking (ANPRM) in the Federal
Register. We are currently reviewing detailed input received from
tribes, states and other stakeholders.
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What Is the Concern?
As of June 2003, only 23 Indian tribes have water quality standards
in place under the Clean Water Act. Without applicable standards,
the Clean Water Act's mechanisms for protecting water quality
in Indian country are limited.
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What are Water Quality Standards?
Water
quality standards are the foundation of the water quality-based
control program mandated by the Clean Water Act. Water Quality
Standards define the goals for a waterbody by designating its
uses, setting criteria to protect those uses, and establishing
provisions to protect water quality from pollutants. A water quality
standard consists of four basic elements:
(1) designated
uses of the water body (e.g., recreation, water supply, aquatic
life, agriculture),
(2) water
quality criteria to protect designated uses (numeric pollutant
concentrations and narrative requirements),
(3) an antidegradation
policy to maintain and protect existing uses and high quality
waters, and
(4) general
policies addressing implementation issues (e.g., low flows,
variances, mixing zones).
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Environmental and Public Health Benefits
of Water Quality Standards
Water quality standards serve as the foundation for the water
quality-based approach to pollution control and are a fundamental
component of watershed management. The primary benefit of Federal
water quality standards for waters in Indian country would be
to ensure that Indian country waters that are currently without
EPA-approved or promulgated standards have direct water quality-based
protection under the Clean Water Act.
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Documents Related to our plans for moving
forward to provide water quality standards coverage to waters
in Indian country
- Fact Sheets (1 page summary) March 2004
- Unofficial Pre-Publication
Copy of the January 19, 2001 proposed rule to promulgate "core"
Federal standards in Indian country. (PDF, 564KB, 40 pgs)
We are providing this unofficial pre-publication copy of the
January 19, 2001 document for public reference. This document
was not published in the Federal Register, and is not an official
version upon which we seek public comment.
- Interim Draft
Outreach and Consultation Plan (PDF, 100KB, 7 pgs) (January
29, 2004)
- Draft Questions/Answers
(PDF, 94KB, 9 pgs) (March 2004)
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Is there any additional information on
this website?
"Tribes-Water
Quality Standards & Criteria" website
A wide variety of information on our partnership with Tribes in
the development of sound, scientifically defensible standards,
criteria, advisories, guidelines, limitations and standards guidelines
under the Clean Water Act and other programs.
American Indian Environmental
Office
A wide variety of information on our efforts to strengthen public
health and environmental protection in Indian Country, with a
special emphasis on building Tribal capacity to administer their
own environmental programs.
Regional Tribal Program webpages:
Regional Water Division or Water Quality-Related Webpages:
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Contacts For Further Information:
Contacts for Federal Water Quality Standards
for Waters in Indian Country
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