Proposed Rule2024-31219
Federal Baseline Water Quality Standards for Indian Reservations; Withdrawal of Proposed Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 10, 2025
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (the EPA or agency) is withdrawing the proposed rule entitled "Federal Baseline Water Quality Standards for Indian Reservations," which published in the Federal Register on May 5, 2023. The EPA is electing to withdraw and not finalize the proposed rule at this time. Instead, the EPA intends to focus the agency's resources on engaging with Tribes to support Tribes' efforts to seek authority to administer their own water quality standards (WQS) program under the Clean Water Act's provision for eligible Tribes to be treated in a similar manner as states (TAS). The EPA will continue to work closely with, and offer support to, Tribes that are interested in pursuing TAS to administer a WQS program and developing their own WQS under the Clean Water Act.
Full Text
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<title>Federal Register, Volume 90 Issue 6 (Friday, January 10, 2025)</title>
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[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Proposed Rules]
[Page 1909]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31219]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 /
Proposed Rules
[[Page 1909]]
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 131, 230, and 233
[EPA-HQ-OW-2016-0405; FRL-5868-04-OW]
RIN 2040-AF62
Federal Baseline Water Quality Standards for Indian Reservations;
Withdrawal of Proposed Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; withdrawal.
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SUMMARY: The Environmental Protection Agency (the EPA or agency) is
withdrawing the proposed rule entitled ``Federal Baseline Water Quality
Standards for Indian Reservations,'' which published in the Federal
Register on May 5, 2023. The EPA is electing to withdraw and not
finalize the proposed rule at this time. Instead, the EPA intends to
focus the agency's resources on engaging with Tribes to support Tribes'
efforts to seek authority to administer their own water quality
standards (WQS) program under the Clean Water Act's provision for
eligible Tribes to be treated in a similar manner as states (TAS). The
EPA will continue to work closely with, and offer support to, Tribes
that are interested in pursuing TAS to administer a WQS program and
developing their own WQS under the Clean Water Act.
DATES: As of January 10, 2025, the proposed rule published on May 5,
2023, at 88 FR 29496, is withdrawn.
ADDRESSES: U.S. EPA, Office of Water (MC 4305T), 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: James Ray, Office of Science and
Technology, Standards and Health Protection Division, Office of Water
(MC 4305T), Environmental Protection Agency, 1200 Pennsylvania Avenue
NW, Washington, DC 20460, (202) 566-1433, <a href="/cdn-cgi/l/email-protection#1c6e7d6532767d71796f5c796c7d327b736a"><span class="__cf_email__" data-cfemail="2755465e094d464a42546742574609404851">[email protected]</span></a>. Additional
information is also available online at <a href="https://www.epa.gov/wqs-tech/promulgation-tribal-baseline-water-quality-standards-under-clean-water-act">https://www.epa.gov/wqs-tech/promulgation-tribal-baseline-water-quality-standards-under-clean-water-act</a>.
SUPPLEMENTARY INFORMATION: In the Federal Register of May 5, 2023 (88
FR 29496), the EPA issued a proposed rule to establish Federal water
quality standards (WQS) for Indian reservation waters that currently do
not have WQS in effect under the Clean Water Act (CWA), with limited
exceptions. These WQS (referred to as baseline WQS) would establish
human health and environmental objectives as the basis for CWA
protections.
At this time, the EPA is withdrawing this proposed rule to focus
the agency's resources on engaging with Tribes to support Tribes'
efforts to seek authority to administer their own WQS program under the
CWA's provision for eligible Tribes to be treated in a similar manner
as states (TAS) and develop their own WQS under the CWA.
The EPA has worked closely with Tribes to provide information about
the TAS and WQS approval processes and has developed materials to
assist Tribes that decide to work towards EPA-approved WQS.\1\ To date,
52 of the 84 Tribes with TAS have submitted Tribal WQS that the EPA has
approved as applicable WQS for the Tribes' Indian reservation
waters.\2\ It remains the EPA's preference for Tribes to obtain TAS and
develop WQS under the CWA that are tailored to the Tribes' individual
environmental goals and reservation waters. The EPA will continue to
work with Tribes to build their capacity and facilitate their
progression through the TAS and WQS development and adoption processes.
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\1\ Water Quality Standards Tools for Tribes, <a href="https://www.epa.gov/wqs-tech/water-quality-standards-tools-tribes">https://www.epa.gov/wqs-tech/water-quality-standards-tools-tribes</a>; Tribes
and Water Quality Standards; <a href="https://www.epa.gov/wqs-tech/tribes-and-water-quality-standards">https://www.epa.gov/wqs-tech/tribes-and-water-quality-standards</a>; Water Quality Standards Academy;
<a href="https://www.epa.gov/wqs-tech/water-quality-standards-academy">https://www.epa.gov/wqs-tech/water-quality-standards-academy</a>.
\2\ The EPA's website, EPA Actions on Tribal Water Quality
Standards and Contacts, lists these Tribes and the dates their TAS
authority and WQS were approved: <a href="https://www.epa.gov/wqs-tech/epa-actions-tribal-water-quality-standards-and-contacts">https://www.epa.gov/wqs-tech/epa-actions-tribal-water-quality-standards-and-contacts</a>. The EPA updates
this list continually.
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The EPA provided a 90-day public comment period after publishing
the proposed rule. The EPA received 3,314 comments, 59 of which are
considered unique comments that addressed a range of issues pertaining
to the proposed rule. After consideration of that input and several
complex issues raised, the agency has insufficient time to issue a
final rule before the end of the current Administration, and
independently, as explained above, is choosing to shift its focus to
supporting the development and adoption of WQS by Tribes for their
reservation waters.
Michael S. Regan,
Administrator.
[FR Doc. 2024-31219 Filed 1-8-25; 8:45 am]
BILLING CODE 6560-50-P
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