EPA Defends Rule For Tribes To Oversee Clean Water Act Programs

摘要

EPA is defending against state criticisms its final rule establishing a process for tribes to obtain treatment in a manner similar to a state (TAS) to administer key Clean Water Act (CWA) programs under delegated section 303(d) authority, reiterating its position that the rule is not at odds with Supreme Court precedent on tribal jurisdiction. The rule, published in the Sept. 26 Federal Register, establishes a first-time process for tribes to obtain TAS authority to administer section 303(d) under the water law for issuing lists of impaired waters and developing total maximum daily loads, something that states already routinely do under delegated CWA authority.