Tribal Consultation

EPA’s Draft Sewage Sludge Risk Assessment for PFOA and PFOS

Deadline: August 15, 2025

The EPA released the Draft Sewage Sludge Risk Assessment for Perfluorooctanoic Acid (PFOA) and Perfluorooctane Sulfonic Acid (PFOS) for public comment. The draft risk assessment reflects the agency’s latest scientific understanding of the potential risks to human health and the environment posed by the presence of PFOA and PFOS in sewage sludge that is land applied as a soil conditioner or fertilizer (on agricultural, forested, and other lands), surface disposed (e.g., placed in a sewage sludge-only landfill called a monofill), or incinerated.

The EPA will accept written comments on the draft risk assessment through April 16, 2025, via Regulations.gov (Docket ID no. EPA-HQ-OW-2024-0504). For more information, please visit: https://www.epa.gov/biosolids/draft-sewage-sludge-risk-assessment-perfluorooctanoic-acid-pfoa-and-perfluorooctane

EPA’s Proposed renewal of the NPDES Stormwater Construction General Permit

Deadline: September 5, 2025

The EPA is initiating consultation and coordination with federally recognized Indian Tribes on the proposed renewal of the National Pollutant Discharge Elimination System (NPDES) Stormwater Construction General Permit (CGP). Under Clean Water Act section 402(p)(2) and (p)(6) and 40 CFR 122.26(a)(1)(ii), (a)(9)(i)(B) (b)(14)(x), and (b)(15), stormwater discharges from certain construction activities into waters of the United States must be authorized by a state or EPA-issued NPDES permit.

The CGP regulates stormwater discharges from construction activities (including, but not limited to, clearing, grading, excavating, and stockpiling) that disturb one or more acres, or smaller sites that are part of a larger common plan of development or sale that disturb one or more acres in areas where EPA is the permitting authority. EPA renews this permit every five years, and the current CGP is scheduled to expire on February 17, 2027. EPA is the NPDES permitting authority in most Indian Country lands. Additional information about the CGP can be found at https://www.epa.gov/npdes/stormwater-discharges-construction-activities.

Two identical Tribal informational webinars:

July 22, 2025 (2:00-3:15 p.m. ET)
To join the Webinar, use this link.
Phone: (202) 991-0477 and use 682 738 612#
July 24, 2025 (12:00-1:15 p.m. ET)
To join the Webinar, use this link.
Phone: (202) 991-0477 and use 573 220 046#

Tribes may submit written consultation comments and request one-on-one consultation meetings via email to Lauren Mosesso at mosesso.lauren@epa.gov.

EPA’s Upcoming Efforts to Address Implementation Challenges Associated with CWA Section 401

Deadline: September 7, 2025

The EPA is initiating consultation with federally recognized Indian Tribes on regulatory uncertainty or implementation challenges associated with Clean Water Act Section 401 certification process as defined in the 2023 Water Quality Certification Improvement Rule. The tribal consultation kick-off webinar is scheduled on July 23, 2025 (2-4 PM ET), to register: Registration Link.

Tribes may submit written consultation comments at any time during the Tribal consultation and coordination process via email to cwa401@epa.gov. If you would like to request government-to-government consultation with the agency on this action, please have your staff contact the agency via email to cwa401@epa.gov by September 7, 2025. For questions, please contact: Lauren Kasparek, cwa401@epa.gov, (202) 564-3351.

The notification letter and consultation plan can be found on the EPA’s Tribal Consultation Opportunities Tracking System: https://tcots.epa.gov. Additional information on CWA Section 401 and this notice can be found on the EPA’s CWA Section 401 webpage.

Upcoming Listening Sessions and Written Recommendations Docket: Closes August 6, 2025 Separate from the Tribal consultation, on July 1, the agency announced a Federal Register Notice initiating a series of stakeholder listening sessions and a 30-day recommendations docket (Docket ID No. EPA-HQ-OW-2025-0272) inviting written feedback on regulatory uncertainty or implementation challenges associated with the Clean Water Act section 401 certification process as defined in the 2023 Rule.

Public listening sessions:

July 16, 2025, 1:00 – 4:30 pm (virtual), Register
July 30, 2025, 1:00 – 4:30 pm (virtual), Register

The notice was published on July 7, 2025. The public has 30 days to provide input on regulatory uncertainty and implementation challenges related to the 2023 Rule. The public comment period closes August 6, 2025.

Memorandum on Clarification regarding the Application of Clean Water Act Section 401 Certification:
On May 21, 2025, EPA issued a memorandum that clarified the significant but limited role that states and Tribes play in the federal licensing and permitting processes under Clean Water Act Section 401. The direction provided in this memorandum reflects the existing requirements of the agency’s CWA section 401 certification rule issued in 2023, without changes or updates.