&EPA
United States
Environmental Protection
Agency
Office of Water
EPA 841-F-16-001
January 2016
Fact Sheet: Proposed Rule on Treatment of Indian Tribes in
a Similar Manner as States for Purposes of Section 303(d) of
the Clean Water Act
Summary
In section 518(e) of the Clean Water Act (CWA), Congress authorized EPA to treat eligible federally
recognized Indian tribes in a similar manner as states for purposes of administering section 303 and
certain other provisions of the CWA, and directed the agency to promulgate regulations effectuating
this authorization. In the 1990s, EPA issued regulations establishing a process for federally recognized
tribes to obtain treatment in a similar manner as states (TAS) for several provisions of the CWA; 50
tribes, for example, have since obtained TAS authority to issue water quality standards under CWA
section 303(c). However, EPA has not yet promulgated regulations expressly establishing a process for
such tribes to obtain TAS authority to administer the water quality restoration provisions of CWA
section 303(d), including issuing lists of impaired waters and developing total maximum daily loads
(TMDLs) under CWA section 303(d). EPA is now proposing to remedy this gap.
The proposal is comparable to similar regulations that EPA issued in the 1990s for the CWA Section
303(c) WQS and CWA Section 402 and 404 Permitting Programs. EPA requests comments on all aspects
of the proposed rule before March 21, 2016.
Background
EPA conducted pre-proposal tribal consultation and coordination with intergovernmental associations
and member states, and will engage in further consultation and coordination with tribes and states
(see "To Provide Comments or Participate in Consultation," below).
This proposal to establish a TAS process for the 303(d) Program is separate from the Agency's proposal
of a new approach to tribal jurisdiction to administer CWA regulatory programs, "Revised
Interpretation of Clean Water Act Tribal Provision," that was available for public comment August 7 -
Octobers, 2015 at http://www.regulations.gov (docket identification no. EPA-HQ-OW-2014-0462).
Highlights of the Proposal
Subjects addressed within the proposal include:
• The statutory and regulatory history of TAS under the CWA.
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• Reasons a tribe might be interested in seeking TAS for the 303(d) Program.
• Program responsibilities tribes would have upon obtaining TAS for the 303(d) Program.
• Proposed regulatory procedures for a tribe to seek TAS for the 303(d) Program.
• Special circumstances that may exist regarding qualification for TAS for the 303(d) Program.
• Regulatory procedure EPA would follow in reviewing a tribe's TAS application.
• An example of a stepwise approach for tribes applying for TAS for CWA programs.
• Availability of EPA financial and technical support to tribes that choose to develop and implement a
303(d) program.
To Provide Comments or Participate in Consultation
Public comments on the proposal are being accepted through March 21, 2016 at
http://www.regulations.gov/ using docket identification no. EPA-HQ-OW-2014-0622.
EPA will host a webinar for the public to explain the proposal and answer questions on February 18,
2016 at 1:00-3:00 p.m. Eastern. See EPA's website at http://www.epa.gov/tmdl/tribal-consultation-
rulemaking-provide-more-opportunities-tribes-engage-clean-water-act for instructions on how to
register and participate.
EPA will provide opportunities for consultation and coordination with tribes and states before the rule
is finalized.
For Further Information
Contact Sarah Furtak by email at Furtak.Sarah@epa.gov, by phone at (202) 566-1167, or write:
Sarah Furtak, Watershed Branch, (mail code 4503T), Assessment and Watershed Protection Division,
Office of Water, U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue, Washington, DC
20460.
Further information on this proposed rule is also available at http://www.epa.gov/tmdl/tribal-
consultation-rulemaking-provide-more-opport unities-tribes-engage-clean-water-act.
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