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Federal Tug of War Over Controversial WOTUS Rule

USEPA Extends Public Comment Period on Forest Road Stormwater Discharges


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Comment Period Opens for Proposed Rule Related to Section 303(d) of the Clean Water Act

EPAThe U.S. Environmental Protection Agency (USEPA) is accepting public comments on a proposed rule that aims to provide more opportunities for eligible Native American Tribes to apply for authority to identify impaired waters and total maximum daily loads (TMDLs) on reservation lands under the Clean Water Act (CWA). The "Proposed Rule on Treatment of Indian Tribes in a Similar Manner as States for Purposes of Section 303(d) of the Clean Water Act" would establish a process for Tribes to obtain similar authority to a State to administer the water quality restoration provisions of CWA section 303(d). USEPA will accept public comment on the proposed rule through March 21, 2016 on the Federal Register website.

Current Federal policy does not grant federally-recognized Native American Tribes jurisdictional ability to issue lists of impaired waters on reservation or develop TMDLs under the CWA. The proposed rule would provide eligible tribes with the authority to improve water quality through identification of impaired waters and establish TMDLs that serve as a plan for attaining and maintaining applicable water quality standards on reservations.

USEPA will hold a webinar on the proposed rule on Thursday February 18, 2016 from noon to 2:00 p.m. CDT. Preregistration for the webinar is required, and can be completed by clicking here.

If you have questions about TMDLs, contact Scott Schaefer, PE, AE2S Wastewater Practice Leader, at Scott.Schaefer@ae2s.com.





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