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The U.S. Environmental Protection Agency is initiating consultation and coordination with federally recognized Indian Tribes on the agency’s forthcoming proposed rulemaking, the National Primary Drinking Water Regulation for Perchlorate, as required by recent court orders. The EPA is developing the proposed regulation to improve public health protection by reducing perchlorate exposure from drinking water. The proposed rule would impact owners and operators of public water systems subject to the rule requirements as defined by the Safe Drinking Water Act, along with primacy agencies that enforce drinking water regulations in their jurisdiction. There are approximately 1,000 Tribal public water systems and the Navajo Nation has primacy for over 170 public water systems.

The EPA’s anticipated timeline for the consultation period is expected to extend from December 30, 2024 to February 28, 2025.

If you would like to request government-to-government consultation with the EPA on the forthcoming proposed National Primary Drinking Water Regulation for Perchlorate, please have your staff contact Erin Partlan, U.S. EPA, Office of Ground Water and Drinking Water, at partlan.erin@epa.gov by February 7, 2025. Please also identify a Tribal representative to serve as a point of contact for planning purposes. The EPA will work with your staff to schedule the consultation meeting with your Tribal government as requests are received. For this action, the EPA would like to conclude consultation meetings no later than February 28, 2025 so that input from Tribal governments can be received and considered in advance of publication of the proposed rule.