Federal Water Quality Standards Proposed for Indian Country
 
January 16, 2004
 

The U.S. Environmental Protection Agency (EPA) has proposed to issue an Advanced Notice of Proposed Rulemaking (ANPRM) for federal water quality standards for certain waters in Indian Country. The Agency has circulated drafts of the proposed ANPRM to Indian tribes and States for comment. According to the draft notice, the purpose of the ANPRM is to “obtain early comment on issues associated with a possible promulgation of federal water quality standards for waters in Indian country that do not have water quality standards in effect under the Clean Water Act.”

As proposed, the ANPRM covers a broad range of issues, including: what elements should be included in the standards; whether the standards should be tailored to individual tribes or national in scope; and to what waters should the standards apply. The proposal has been controversial in Indian Country and has generated much discussion among and comments from affected Indian tribes and some states. Tribes have requested additional consultation with the agency on the proposed ANPRM. The agency has yet to make a determination about whether to proceed with the notice or engage in further discussion on the proposal. n

For more information, e-mail Elizabeth Bell at elizabeth.bell@hklaw.com or call toll free, 1-888-688-8500.