^mv ** *i' v V# .rXi-% '., | • :• hSs^4 How Water Standards Protec Tribal Waters :*t: IS -• • ••., ' • . . » • ' ------- What are Water Quality Standards? Water quality standards (WQS) arc the foundation of the nation's surlViCi* WJUT qiKiliiv protection WQS arc a tool for protecting and improving water quality. WQS define the use of the waterbody as wdl as ih- amount of pollulanis that may be discharged into waters from sources such as industrial facilities, wastewater trcatjncjtt plants, and storm sewers. WQS help reduce pollution from rural and urban areas, WQS comprise ilin:e components: •fc The designated use (description of the goal for the waterbody, such as fishing, swimming, cultural, or iraditional) •sip- Water quality criteria (limits on pollutants and conditions that will protect the designated use) 0 An antidcgradation policy governing changes in water quality, Water quality standards are adopted for all surface waters of the United States, including rivers, streams, intermittent streams, lakes, natural ponds, wetlands, and marine waters such as estuaries and near-shore coastal waters. Indian Tribes Can Administer the Water Quality Standards Program on Tribal Land With the water quality standards program, an approved Indian tribe can set the water quality goals for all surface (e.g., streams., rivers, lakes and wetlands) on the reservation. The tribe will also determine whether activities which require a federal license or permit are consistent with the tribe's water quality standards. Setting Water Quality Standards — An Example During the development of its WQS, a tribe decides, after holding public hearings, that it warns a waterbody on the reservation to he suitable for the protection and propagation of warmwater aquatic life (e.g., sun.fi sh, bass, and crayfish). This brumes the designated use. The tribe adopts numeric criteria or narrative descriptions, (water quality criteria) of various pollutants like toxii: chemicals, and limits for water quality parameters, such as dissolved oxygen. Keeping pollutant concentrations, below the criteria levels ensure that the designated use is protected. The tribe must aGso protect quality lhat is. better than the minimum levels (mtidegradatioRpolicy}, How Authorization Under the Clean Water Act Benefits Indian Tribes & U ruler Section 401 „ if a requested license or ]wnit within the reservation results in a discharge adversely affecting water qualitv, an eligible tribe may certify whether the requeued license or permit satisfies the tribe's water quality standards. + Tr:-vs L^Uibli-h water i|ii;il.iy tviuls lor :x's::rv:/.ic:n -AMKTV :v protect wr.i.e.' re>ourccs. Tribe.1; designate uses of waterbodies which may include Cultural or traditional purposes. Terras in this folder we ikn'irknl in the C i :if: iii-s were luJien from Clip Art D !99()-97, RT Computer Graphics, (nu., NM. front ajidback photos aic nf Blackfooi (nttian Re^ervaliuii Liirids neiii Brawning, I ------- QUESTIONS ABOUT PROGRAM AUTHORIZATION: does a tribe need to start the Water Quality Standards (WQS) process for owr reservation lands? Before a tribe may adopt Standards consistent with the Clean Water Act, it must receive authorization to administer the WQS Program. What is program authorization? EPA uses four criteria to determine the eligibility of u tribe ui ;idminister-the WQS program. These are: 4fc The tribe must be federally reerjgni»ed; 0 The tribe must have a governing body that carries out subsiuntial governmental dyiies and powers; 0The tribe must have authority to administer the pm^rarn for reservation waters; ami 41 The tribe must be capable of administering an effective WQS program. L'pon receiving authorization, the tribe can submit its WQS for approval lo EPA, You can submit bolh appli- c-;Miun.s lor program authorization and tribal adopted! WQS at the same time. How does a tribe apply for the WQS program? There is u-::i :i s!;iii.;l;ird iipplicalion LO apply for pro- gram authorization. An Indian tribe submits documen- tation to show that il meets the lour criteria iilniv*:. Documentation should include copies of tribal laws or regulations and other supporting information The appropriate P.PA Regional Administrator (addresses- are listed in this folder* reviews the information. How will EPA evaluate a tribe's apply - cation for program authorization? EPA will notify other governmental entities (slates, tribes, anil oilier federal agencies located contiguous to me reservation) that the tribe's application is under review and prnvkli: lliern \vitli ;in opportunity lo com- ment within 30 days, on the tribe's regulatory authority to administer the program, How Tong can EPA take to review the application? There is no specific tiinefraine for review because a decision is not made until a complete application is subrniUixl ami l\PA has had an opportunity to review comments submitted by relevant governmental enti- ties. EPA's pivxv^i-ir: nl";m upplieiition must be time- ly. The applicant tribe will be promptly notified when the EPA Regional Ailminislraior makes a decision on the tribe's application. QUESTIONS ABOUT WATER QUAUTY STANDARDS: Must an Indian tribe administer the WQS program? No. If* up to the tribe. And me tribe can make that decision at any time. When can a tribe start developing fts WQS? An Indian tribe may begin developing its WQS at any time, taking into accourn. iln- unique characteristics of '.In: 'Afterbodies within the reservation. A tribe may submit its WQS to EPA at ihe same time it applies lo administer (he WQS program, or it can wait until EPA has approved its application for program auttmri/.:i- 1km. BPA i:;uiii:ji uppruve a tribe's WQS submission until it has. authorized the tribe's program, Who does a tribe contact to get started? Applications lo administer the WQS program may he SIMM lo the appropriate BPA Recional Contact listed in this folder (either the WQS Coordinator or the Indii.m OoonUniilur). EPA will work with the tiil^e ilirougliout the application process. During the development of its WQS. we hope (he tribe; will frequently consult wilh the appropriate FPA WQS Coordinator (names and phone numbers are contained in this folder). Dialogue betwm! the tribe and EPA is an essential part of the WQS devel- opment process. After the tribal WQS arc adopted by the Tribal Council (or its equivalent), the tribe submits those WQS to HPA for review and approval or disap- proval. KPA's Standards and Health Protection Division, Water Quality Sumdarils Branch can also provide more :-ili::mi:r.i;:-ii i>-jc ll-.i: cotilitjt pL>je Mr '.he ;.iddivv; :'. 'i phone nuinbcr). ------- Water Quality Standards offer solutions to real environmental problems on reservations - some examples: The Problem: lli»h levels of nutrients from agricultural activities caused undesirable plant growth and limited fish pro- duction. The VVQS Solution; The tribe adopted a numeric limit for phosphorus. This resulted in reduced discharges from agri- cultural activities. 1 lie Problem; High levels of ammonia being discharged by a sewage treatment plant tliai csuwed elevated ammonia concentrations, in reservation waters which reduced fish populations. WQS Solution: The tribe adopted numeric limits for ammomu. This resulted in the sewage treatment plant alter- ing its treatment processes to reduce the amount of ammonia discharged. The Problem: Fish populations wi-re reduced even though numeric limits an pollutants were being met. The WQS Solution: The tribe adopted biological criteria to desLiriru: the desired conditions of the fish community and other aquatic life. This ynvc them the regulatory busis for improving the fish populations. ------- * Environmental Protection Agency Contacts HPA Region 1 I Congress Strcol Bos ion. MA OZ1 14-2023 www.cpa. gov/regicmQ 1 \\ iJILiiii Heck with, Was Coordinator (6 1 7-9 1 S- 1 544) .Unites Sappier, Indian Coordinator (6 1 7-9 1 8- 1672) EPA Region 2 290 RnviiLwfiy New York, NY luQOY. 1866 Wayne Jackson, Cowdiwtor (2 1 2-637-3807} Christine Yost, Indian Coordinator (2 1 .2-637-3564) EPA Region 3 1650 Arch Street Philadelphia, PA 1 9 103-2029 www.epa.gov/nz.gion03 Dcnisc HukuwskL WQS Coordinator (215-814-5726) There tiru no federally recognized tribes located, in Region 3. EPA Region 4 61 Forsyih Sired. SW Atlanta, GA 30303-3104 Fritz Wagener, Coordinator (404-562-9267) Mark kohertsoii, Indian Coordinator {404-5 62-9639) EPA Region 5 77 Wcsl. Jacks i jr. nuulsvisrid Chicago, 1L 60604-3507 www.cpu ,guWre»i xi 11S David l*feifer, WQS Coordinator (312-353-9024) Casey Amhufas, Indian Coordinator (312-35 3-1394) EPA Region 6 1445 Ross Avenue Dallas. TX 75202-2733 www.epa. gov/regioit06 Russell Nebson, WQS Caartliitator (214-W)5-(i646) Eve Boss, Indian Coordinator (214-665-2118) E-PA Region 7 901 N. SrtiSircel Kansas City, KS 6f»l01-2D(>7 www.epa.gov/rcgion07 Hal CostcllOs WQS Coordinator (913-551-7939) WoU'gang llrandntr, fttdian Coordinator (913-551 -7381) EPA Region 8 999 18lh Street, Suite 500 Denver, CO 80202-2466 w w w.eprt .go v/r e^ i ori( JK. William Wuerthele, WQS CovrttiBfH&r (303-31 2-69-T) Sadie 1 loskiu, hidian Covnliiwfor (303 -312-6343) EPA Region 9 75 Hawtliorne Street Scm Francisou, CA 94l^- www. epa. eov/regi on09 Garj WoliBsky, HrOS Coordinator (415-744-1978) Clancy Tenlcy, Indian Coordinator (415-972-3785) EPA Region 10 120)3 Sixth Avenue Seattle, VVA 98101-1128 www.epa.gov/regiofi 10 Marcta. Lagerloef. 1^25 Coordinator (206-553-017fi> S;-iJidi'ii Johnson, Indian Coordinator (206-5 53-6220) U.S. Environmental Protection Agency Office of Water Standards and Health Protection Division (4305) Wnler Quality Standards. Branch Ariel Rios Building 1200 Pennsylvania Ave., NW Washington, DC 20460 202-566-0400 www.epa.gov/ost EPA Regional Offices and States in EPA's Regions Reghn j Reahn 5 Region j^ - Region j Delaware District of Columbia New Puerto RJC& Virgin Islands Pennsylvania Virginia Florida Georgia Kentucky Mississippi North Carofma South C&rofimt Indiana Mfe' Minnesota Region 6 Arkansas Louisiana NewM&dco Oklahoma Texas Region 7 lowd Kansas Missouri Nebraska Regions Colorado Montana North Dakota South Dakota Utah Wyoming If you wtsfi to view tribal WQS approved by E?A, Arizona Cafrfbmi Hawaii Nevada American Samoa Guam Commonwealth o) the Northern Mariana Islands Region to Alaska kfaho Oregon —t Washfnaton ------- of Water (4305-T) -823-&-02-C02 www.epa.gov June 2002 Clean Water Act goal: restore and maintain the chemical, physical, and biological egrity of the surface waters of the United States," United States nviron mental Protect ion Agency Ariel Rio$ Building 1200 Pennsylvania Avenue N.W, Washington, DC 20460 1 ------- |