EPA Ditches Tribal Water Rules, Opts for Self-Governance Instead
Published Date: 1/10/2025
Proposed Rule
Summary
The EPA is hitting pause and withdrawing its 2023 plan to set federal water quality rules for Indian reservations. Instead, they’re focusing on helping Tribes take charge of their own water rules under the Clean Water Act. This means no new federal rules now, but more support and teamwork with Tribes to protect their waters on their own terms.
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Withdrawal of Federal Baseline WQS
On January 10, 2025, the EPA withdrew the May 5, 2023 proposed rule to establish federal baseline water quality standards (WQS) for Indian reservation waters. That proposed federal rule will not be finalized at this time.
EPA Will Support Tribes Seeking TAS
The EPA will redirect resources to help Tribes seek authority to administer their own water quality standards (TAS — treated in a similar manner as states) under the Clean Water Act and to develop EPA-approved Tribal WQS. The EPA notes that, to date, 52 of the 84 Tribes with TAS have submitted Tribal WQS that the EPA has approved as applicable WQS for their Indian reservation waters.
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