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Meeting with Western States Water Council (WSWC) on EPA ’ s Potential Reinterpretation

of the Clean Water Act Provision Re gard ing Tribal Authority

Monday

, August 11, 2014 Meeting Summary

EPA Moderator : Shaun McGrath, Regional Administrator , EPA Region 8

EPA Presenters: Fred Leutner, EPA Office of Science and Technology

Tod Siegal, EPA Office of General Counsel Diane Evans, EPA Region 6 George P a rrish, EPA Region 8 Participants: Andrew Sayers

- Fay, Alaska Department of Environment of Environmental

Conservation (ADEC) , Division of Water (Deputy Director) Brock Tabor, ADEC , Division of Water Jackie Schafer, Alaska Attorney General's Office Jeff Trembly, Arizona Department of Water Resources Jerry Rigby, Idaho member of the WSWC Scott Verhines, New Mexico State Engineer Dave Glatt, North Dakota Department of Health Meg Nielsen, North Dakota J.D. Strong, Oklahoma Water Resource s Board (Director)

Shellie Chard

- McClary, Oklahoma Department of Environmental Quality, Water Quality Division (Director) Kent Woodmansey

, South Dakota Department of Environment and Natural Resources, Feedlot Permit Program

S tephen Bernath, Washington Department of Ecology, Water Quality Program Tom Laurie, Washington Department of Ecology, Tribal and Environmental

Affairs

Carlee Brown , Western Governors ’ Association Tony Willardson , WSWC

Nathan Bracken , WSWC

The meeting began with introductions. Shaun McGrath welcomed t he participants and gave opening remarks. Fred Leutner ga ve the presentation, “Potential Reinterpretation of a Clean Water Act Provision Regarding Tribal Eligibility to Administer Regulatory Programs

, ” available

at EPA ’ s website http://water.epa.gov/scitech/swguidance/standards/wqslibrary/tribal.cfm

.

EPA then addressed a list of issues and comments from WSWC dated 8

- 11

- 2014 (available in

the docket for this rulemaking)

. EPA presenters provided detailed responses consistent with the

presenta tion materials and other information available at http://water.epa.gov/scitech/swguidance/standards/wqslibrary/tribal.cfm

.

The following is a list of questions and comments received from participants during the mee ting

. For each of the questions, the EPA presenters provided responses that were consistent with the presentation

materials and other information available at http://wa ter.epa.gov/scitech/swguidance/standards/wqslibrary/tribal.cfm

. V iews and comments were acknowledged, and will be considered by EPA in developing the proposed rule.2 of 2

 What is the difference between “ Indian Country ” and “

Reservation ” ?

 Does jurisdiction also refer to the extent it may influence WQS upstream?

 If a stream flows from one state to another and then back to the first state how would that work for tribes?

 Oklahoma has no reservations and in Alaska there is only one

, the Metlakatla.

 Would the Alaska situation change if DOI put s any tribal land s into trust?

 Are you going to put anything into your language stating that the policy is not intended to change jurisdictional rules?

 Is appropriate notification of standards adoptions going both ways ? Is there anything in the formal process that requires tribes to mak e sure the states hear about standards adoptions ?

 How can states comment on a tribe’s TAS application?