ii -. i . .	Office of Water
United States
EPA 820-F-16-011
oEPA Environmental Protection
Agency	September 2016
Fact Sheet: Potential Federal Baseline
Water Quality Standards for Indian
Reservations
Summary
Currently, fewer than 50 of over 300 tribes with
reservation lands have water quality standards
(WQS) effective under the Clean Water Act (CWA),
leaving a gap in CWA protection of human health
and the environment. To address this gap, EPA
published an Advance Notice of Proposed
Rulemaking (ANPRM) to invite comments on
whether to establish federal baseline WQS for Indian
reservation waters that do not currently have CWA-
effective WQS in place, and if so, what those WQS
should be and how they should be implemented.
Background
Water quality standards, which are required by
section 303(c) of the CWA, are the foundation of the
water quality-based pollution control program
mandated by the Act and they serve a dual purpose.
First, WQS define the goals for a water body by
designating its uses, setting criteria to protect those
uses, and establishing antidegradation
requirements. Second, WQS serve as the basis of
water quality-based limits in National Pollutant
Discharge Elimination System (NPDES) permits (CWA
sections 301(b)(1)(C) and 402), as the measure to
assess whether waters are impaired (CWA section
303(d)(1)(A)), for assessing and reporting on water
quality biannually under CWA section 305(b), and as
the target for a total maximum daily load (TMDL) or
"pollution budget" to aid in the restoration of
impaired waters (CWA section 303(d)(1)(C)). Under
CWA section 401, WQS serve as a basis for granting
or denying federal licenses or permits for activities
that may result in a discharge to waters covered by
such WQS.
Clean Water Act section 303(c) and EPA's
implementing regulation at 40 CFR part 131 outline
requirements that could comprise federal baseline
WQS for water bodies, including:
Designated uses which communicate environmental
management objectives and water quality goals to
the public and are essential in maintaining actions
necessary to restore and protect water quality and
meet the requirements of the CWA.
Water quality criteria which protect designated uses
and must be based on sound scientific rationale,
contain sufficient parameters to protect the
designated use, and may be expressed in either
narrative or numeric form. Narrative criteria are
descriptions of the conditions necessary to attain a
water body's designated use, while numeric criteria
are values expressed as levels, concentrations,
toxicity units or other numbers that quantitatively
define the desired condition of the water body.
Antidegradation requirements which play a critical
role in maintaining and protecting valuable water
resources and complement designated uses and
criteria by providing a framework for making

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decisions regarding changes in water quality.
General provisions which include certain
discretionary policies that generally affect how WQS
are applied or implemented. Most common among
such provisions are those addressing mixing zones,
compliance schedules authorizing provisions, and
WQS variances.
Who can develop WQS?
WQS can be developed by states, territories,
authorized tribes, or, where necessary, EPA can
establish federal WQS. To become authorized to
implement a WQS under the CWA, an interested
tribe must obtain treatment in a manner similar to a
state (TAS) under CWA section 518 to administer a
WQS program and must develop and submit WQS
for EPA approval under CWA section 303(c). To date,
53 of the over 300 federally recognized tribes with
reservation lands have been authorized to
administer a WQS program, and 42 of these have
submitted and had their WQS approved by EPA. EPA
has promulgated federal WQS for one tribe.
What is the purpose of this ANPRM?
EPA is publishing this ANPRM to initiate an informed
dialogue with tribes, states, the public, and other
stakeholders regarding whether EPA should initiate a
rulemaking to establish federal baseline WQS for
Indian reservations currently lacking such WQS and,
if so, what approach EPA should take regarding key
policy issues raised by such a rulemaking.
What does the ANPRM do?
The ANPRM invites comment on whether and how
EPA should approach establishing any federal
baseline WQS and provides EPA's current thinking on
WQS components which include: designated uses,
narrative and numeric criteria, antidegradation
requirements, and other WQS policies such as a
mixing zone policy, a compliance schedule
authorizing provision, and a WQS variance
procedure.
The ANPRM discusses different options for
establishing federal baseline WQS. The ANPRM
seeks input on whether EPA should establish one set
of WQS that apply universally to the reservation
waters covered by any potential federal baseline
WQS rule. EPA also seeks input on whether or not
EPA should pursue establishing federal baseline WQS
that offer limited tailoring opportunities by
establishing cultural and traditional designated uses
that account for unique practices observed by
particular tribes; criteria that account for higher fish
consumption patterns of particular tribes by
establishing human health criteria using more site
specific fish consumption rates; and establish greater
protection for high quality and Outstanding National
Resource Waters of particular importance to the
tribe through the antidegradation requirements.
Who may be interested in this ANPRM?
Federally recognized Indian tribes with reservation
lands that currently do not have CWA-effective
WQS, and tribes and states near or bordering Indian
reservations currently without CWA-effective WQS.
Federal Agencies with projects or other activities
near surface waters on Indian reservations.
Industries or municipalities discharging pollutants to
surface waters on Indian reservations currently
without CWA-effective WQS, or that may affect such
surface waters on Indian reservations.
Where can I find more information?
Contact Mary Lou Soscia by email at
Soscia.Marylou@epa.gov or by phone at (503) 326-
5873, or visit EPA's Water Quality Standards website
at: https://www.epa.gov/wqs-tech/advance-notice-
proposed-rulemaking-federal-baseline-water-qualitv-
standards-indian

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