Tribal Water Quality Standards in EPA's Pacific Southwest (Region 9)

About Water Quality Standards (WQS)

Water Quality Standards (WQS) are the foundation of the nation's surface water quality protection program. See the National EPA Water Quality Standards web site for complete information including basic descriptions and documents for approved Tribal water quality standards.

Indian Tribes can Administer the WQS Program on Tribal Land

With an approved WQS program, an Indian Tribe can set the water quality goals for all surface waters (e.g., streams, rivers, lakes, and wetlands) on the reservation. The Tribe will also determine whether activities which require a federal license or permit are consistent with the Tribe's WQS.

How Authorization Under the Clean Water Act Benefits Indian Tribes

• Tribes establish water quality goals for reservation waters to protect water resources.
• Tribes designate uses of water bodies which may include cultural or traditional purposes

Questions About WQS Program Authorization

1. What Does a Tribe Need to Start the WQS Process for Reservation Lands?

Before a Tribe may adopt standards consistent with the Clean Water Act, it must receive authorization to administer the WQS program.

2. What is Program Authorization?

EPA uses four criteria to determine the eligibility of a Tribe to administer the WQS program. These are:

• The Tribe must be federally recognized
• The Tribe must have a governing body that carries out substantial governmental duties and powers
• The Tribe must have authority to administer the program for reservation waters
• The Tribe must be capable of administering an effective WQS program

Upon receiving authorization, the Tribe can submit its WQS for approval to EPA. You can submit both applications for program authorization and Tribally adopted WQS at the same time.

3. How Does a Tribe Apply for the WQS Program?

There is no standard application for program authorization. Tribes must submit documentation showing that it meets the four criteria described above. Documentation should include copies of Tribal laws or regulations and other supporting information. The appropriate EPA Regional Administrator reviews the information.

EPA Region 9 Has Approved 31 Tribal WQS Programs

A list of all Tribes in the United States with TAS for Water Quality Standards can be found on EPA's National Website.