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EPA Tribes-only Consultation and Coordination Webinar on Potential Reinterpretation of 

Clean Water Act TAS Provisions

May 28, 2014 1:00 – 3:00 p.m. EDT

Webinar Summary 

Moderator: Gretchen Giannelli, EPA Office of Science and Technology

Presenters: Fred Leutner, EPA Office of Science and Technology

Tod Siegal, EPA Office of General Counsel

Peter Ford, Office of General Counsel

Participants: See last two pages – about 35 tribal representatives attended

The webinar began with introductions and instructions for participants, followed by a 

presentation by Mr. Leutner based on briefing slides available on EPA’s website 

http://water.epa.gov/scitech/swguidance/standards/wqslibrary/tribal.cfm.

The webinar continued with an opportunity for questions and comments from tribal participants. 

Questions were submitted by participants either in writing through the chat window to the EPA 

moderator, Gretchen Giannelli, or over the phone after the phone lines were opened. 

The following is a list of questions and comments received from tribal participants during the webinar. 

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

presentation materials and other information available at 

http://water.epa.gov/scitech/swguidance/standards/wqslibrary/tribal.cfm. Tribal views and 

comments provided were acknowledged, and will be considered by EPA in developing the 

proposed rule. 

 What do you mean by the exterior boundaries of a reservation? My tribe has trust lands 

but no formal reservation. 

 Who should comments on the pre-proposal be sent to? 

 Will we receive a copy of the presentation by email? 

 What cases since 1991, other than APS vs. EPA, is EPA referring to in supporting the 

proposed reinterpretation? 

 What has EPA's experience been since 1991 that leads EPA to say that the requirements 

to make jurisdictional demonstration may not be yielding significant benefit? 

 What is the states' view of this? Is there opposition, and if so, how strong? 

 If a tribe has an application in, or submits one prior to the approved interpretive rule, 

and then the rule is approved, will the tribe either have to (i) reapply, or (ii), wait on the 

old approval method? 

 Can an interpretive rule be challenged in some manner as in any other EPA rulemaking, 

and what would influence EPA not to proceed with this proposal? 

 (From a participant speaking on behalf of two tribes): Both Tribes strongly support 

EPA's proposed reinterpretation of the Clean Water Act. Both Tribes think that it is the 

correct interpretation based on the language and the case law, which were discussed in 
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response to some of the questions. Each Tribe is going to be submitting written 

comments to that effect, and will be sending them to that email address. 

 (From a participant speaking on behalf of two tribes): One tribe wanted to stress that the 

proposed reinterpretation is an appropriate recognition of tribal sovereignty over waters 

within the reservation, and that this recognition is encouraging the tribe to develop and 

seek approval of water quality standards, which they otherwise might not have done. 

 (From a participant speaking on behalf of two tribes): One tribe wanted to comment that 

it recently prepared a TAS application for water quality standards and it agrees that the 

jurisdictional demonstration that is currently required was probably the most timeconsuming part of their application, and also seems unnecessary in light of all the 

findings EPA has already made as to how these activities meet the second Montana 

exception. They also strongly support this reinterpretation.

 I have a question on TAS application for Section 303(c) and 401. Is this bringing those 

to be the same sort of applications, and what about the NPDES permit application? Is 

that going to be the same under this new reinterpretation? 

 Will Tribes in Alaska or Oklahoma be able to apply for TAS? 

 When does the formal comment period begin?
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WEBINAR ATTENDEES

First Name Last Name Affiliation

Gene Agnew Chickaloon Native Village, Alaska

Patrick Antonio Navajo Nation EPA - WQ/NPDES Program

Karla Asberry EPA Region 7

Cherylin Atcitty Pueblo of Laguna

Dianne Barton Tribal consortia including Umatilla, Warm Springs, Yakima, and Nez Perce

Melissa Benfer EPA Region 6

Shane Bowe Red Lake Chippewa Nation

Phillip Cernera Coeur d'Alene Tribe of Indians

Susan Corum Karuk Tribe

Rick Eichstaedt (unknown tribe)

James Erskine Miccosukee Tribe

Diane Evans EPA Region 6

Minnie Grant Ute Tribe

Jill Grant Participating on behalf of the Seneca Nation and the Pueblo of Laguna

Curtis Hartenstine Southern Ute Indian Tribe 

Ginny Hatch Yerington Paiute Tribe

Kari Hedin (unknown tribe)

Stanley Holder (unknown tribe)

David Horak EPA Region 5

Brad Horchem EPA Region 7

Shawn Howard Citizen Potawatomi Nation

Thomas Johnson Southern Ute Indian Tribe

Steve Kovac EPA Region 7

Daniel Kusnierz Penobscot Nation

Ann Lavaty EPA Region 7

Fred Leutner EPA Headquarters

Deb Madison Fort Peck Assiniboine & Sioux Tribes

Carl Merkle Confederated Umatilla Tribes

Kinzo Mihara Coeur d'Alene Tribe

Linda Nguyen Red Cliff Band of Lake Superior Chippewa

Alex Owutaka EPA Region 7

Ernest Page Yerington Paiute Tribe 

James Payne Morongo Band of Mission Indians

Grant Poole (unknown tribe)

Matthew Richardson EPA Headquarters

Cindy Rivera Mesa Grande Band of Mission Indians

Edward Roybal Pechanga Band of Luiseno Indians

Amy Shields EPA Region 7

Matt Steinbach Forest County Potawatomi Community, Crandon, WI

Leo Stewart Confederated Umatilla Tribes

Mardell Sundown Townawanda Seneca Nation

David Warfel Miccosukee Tribe
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Eve Zimmerman EPA Region 4

ZA

Region 6

Heather

POLL QUESTIONS AND RESPONSES

What geographic region are you from? 

Geographic Location # Attendees

Region 1 1

Region 4 2

Region 6 2

Region 7 3

Region 8 1

Region 9 2

Region 10 2

N/A 33

How many participants are attending at your location? 

# Participants at location # Attendees

1 11

2 2

3 1

4-10 1

N/A 25