The U.S. Environmental Protection Agency (EPA) proposed water quality standards for Indian reservations without Clean Water Act standards. The standards would protect over half a million people living on Indian reservations as well as critical aquatic ecosystems.
The Clean Water Act (CWA) incorporates a goal that waters should support fishing and swimming wherever attainable. All states and 47 Tribes have established standards consistent with that goal. However, the majority of U.S. Tribes with Indian reservations lack water quality standards. The EPA proposal would extend the same water quality protections to over 250 Tribes that do not have standards.
EPA Developed the Proposal in Coordination with Tribes
“President Biden has made it clear; all people deserve access to clean, safe water,” said EPA Administrator Michael S. Regan. The Administrator also said the proposal is also a monumental step toward protecting water resources.
[blockquote align=”left” author=”EPA Administrator Michael S. Regan” style=”font-size: 30px”]Establishing federal baseline water quality standards, and implementing them in consultation with Tribal governments, will help support Tribes’ interests in protecting and improving waters that are essential to thriving communities, vibrant ecosystems, and sustainable economic growth.[/blockquote]
If finalized, this proposal would safeguard water quality on Indian reservations until Tribes are able to adopt their own CWA standards for their water bodies.
EPA estimates this proposed water quality standard will increase protections for 76,000 miles of rivers and streams. Additionally, 1.9 million acres of lakes, reservoirs, and other open surface waters within Indian reservations would be protected.
Tribes Issue Statements Supporting the Proposal
Several Tribal organizations issued statements along with EPA to endorse the proposal. The list of supporting organizations include the National Tribal Water Council, the National Tribal Caucus, the Navajo Nation Environmental Protection Agency, the Eastern Band of Cherokee Indians, and the Poarch Band of Creek Indians.
According to a press release, the EPA proposal carries out the commitments to honor the federal trust responsibility. The proposal also protects Tribal water resources outlined in EPA’s 2021 action plan, Strengthening the Nation-to-Nation Relationship with Tribes to Secure a Sustainable Water Future. According to the EPA, the proposal also upholds the United States’ treaty and trust responsibilities to the 574 federally recognized Tribes.
Upcoming Public Hearings on the Proposal
EPA is holding two public hearings for interested parties to provide oral comments on the proposal. All attendees for the public hearings listed must register in advance. A confirmation email will be sent to registrants providing instructions for joining the online hearing and other logistical information. If you require special accommodations, you can cntact James Ray at 202-566-1433 or Ray.James@epa.gov, at least three weeks prior to the session.
- REGISTER: Tuesday, June 27, 2023, from 2:00 to 4:00 PM Eastern Time
- REGISTER: Wednesday, July 12, 2023, from 2:00 to 4:00 PM Eastern Time
How To Provide Written Comments
The 90-day comment period closes on August 3, 2023. EPA will accept public comments at regulations.gov (Docket ID No. EPA-HQ-OW-2016-0405).