The U.S. Environmental Protection Agency (EPA) has approved the Navajo Nation’s application for “treatment in a similar manner as a state” (TAS) under the federal Clean Water Act for the National Pollutant Discharge Elimination System (NPDES) and sludge management, making it the first tribe to attain TAS status for these programs.
With this new level of authority, Navajo Nation would be able to issue permits that set discharge limits and monitoring and reporting requirements for discharges of pollutants into Tribal waters; regulate the use and disposal of sewage sludge; carry out related enforcement and administrative functions, similar to states exercising this authority under the Clean Water Act.
The move is a win for tribal sovereignty, said EPA Office of International and Tribal Affairs Assistant Administrator Usha Maria-Turner in a press release.
“The Office of International and Tribal Affairs is honored to announce that the Navajo Nation has been approved for the first-ever TAS for the NPDES program,” Maria-Turner said. “This approval represents years of hard work by the Navajo Nation, advances cooperative federalism, and highlights EPA’s commitment to supporting Tribal sovereignty and self-governance.”
Navajo Nation EPA Director Stephen B. Etsitty echoed that sentiment.
“While obtaining water rights for the Navajo Nation is critical, we also need to manage all aspects of water quality protection—from our current water sources on the Nation, to how we put our water to use, to managing wastewater discharges, and then continuing the water cycle repeatedly,” Etsitty said. “Obtaining NPDES authority now and effectively implementing it will be critical for our future growth.”
