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

Clean Water Act TAS

September 1, 2015 2:00 – 4:00 p.m. EDT

Webinar Summary

Presenters: Tom Gardner, EPA Office of Science and Technology

Tod Siegal, EPA Office of General Counsel

Moderator: Luke Cole, EPA Office of Science and Technology

Participants: See last page – about 30 participants attended

PRESENTATION SUMMARY 

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

presentation by Mr. Gardner and Mr. Siegal based on briefing slides available in the docket for 

the rulemaking at www.regulations.gov. Search for Docket ID No. EPA-HQ-OW-2014-0461. 

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, Mr. Cole, 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://www.epa.gov/wqstech/revised-interpretation-clean-water-act-tribal-provision. Views and comments provided were

acknowledged.

QUESTIONS AND COMMENTS

 If a tribe operates in 2 states and has land, do we need to have 2 TAS?

 For those tribes that already have attained TAS status, will the reinterpretation aid in the 

attainment of dedicated funding for those Tribes to implement those programs?

 Could you please clarify the definition of reservation? Is it a trust land only or can it 

include the simple fee land owned by the Tribe, not the individual?

 Once TAS status is attained, does a tribe have authority to implement all CWA programs 

or is TAS status only obtained for specific, discreet CWA programs?

 As more tribes get TAS delegation, it would seem that 106 funding for Tribes should be 

requested and more importantly ensure that there will be continued adequate funding to 

support TAS delegation and WQS.

 In the Federal Register, does it compare or summarize the old and the newly proposed 

language?

 In reference to CWA 303d, could a tribe develop listings and TMDLS under their own 

inherent sovereignty?

 Does an EPA approval of a tribe’s TAS application also approve the tribes WQS?

 Did EPA consult with any parties outside of the federal government in preparing this 

proposal?
 Once a tribe applies, and is approved for TAS for 303c 401 is there a time frame or time 

requirement for a tribe to develop WQS?

 Will the Q&A be provided as a follow up item?

 A representative from the Little Traverse Bay Bands of Odawa Indians expressed support 

for the reinterpretation and indicated they would be submitting written comments as well.

WEBINAR ATTENDEES

First Name Last Name Affiliation

Dejene Alemayehu Kaw Nation

Dianne Barton Columbia River Inter-Tribal Fish Commission

Kara Berst Chickasaw Nation

Michael Bolt Eastern Band of Cherokee Indians

Scott Bulgrin

Andy Byrne EPA American Indian Environmental Office

Alex Cabillo Hualapai Tribe

Frank Chaves Pueblo of Sandia

Ken Clark Nez Perce Tribe

Susan Corum Karuk Tribe

Douglas Cox Menominee Tribe

David Cummings Nez Perce Tribe

Crystal Davis Sac and fox Tribe of the Mississippi in Iowa

Jeremy Fincher Sac and Fox Nation

Kevin Greenleaf

James Holt Nez Perce Tribe

Daugherty Johnson Little Traverse Bay Bands of Odawa Indians

Kathleen Mayo U.S. EPA

Ralph McCullers Poarch Creek Indians

Lisa Meday Seminole Tribe of FL

Carl Merkle Confederated Umatilla Tribes

Cynthia Naha Santo Domingo Tribe

James Payne Morongo Band of Mission Indians Environmental Protection 

Sam Penney Department Nez Perce Tribe

Pah-tu Pitt

Lionel Puhuyesva Hopi Tribe

Linda Robins Chickasaw Nation

Ivy Smith Delaware Nation of Oklahoma

Craig Watkins Wichita Department of Environmental Programs

David Werbach USEPA Region 5