Water Quality/NNPDES Program
NNEPA’s mission includes respecting Dine’ traditional values and teachings, and this responsibility is reflected in our daily work, relying on what our ancestors passed on to us to protect and care for the environment.
This milestone represents decades of focused dedication, led by former Principal Hydrologist Patrick Antonio. Prior to his retirement in May 2026, he submitted the TAS application to USEPA. During his 40-year career at NNEPA he helped move the NNEPA Water Quality Program forward to this point. His work, along with the Water Quality/NPDES Program staff and coordination with USEPA Region 9, helped achieve this critical goal.
The TAS eligibility approval is an important first step, but the Navajo Nation must still submit its proposed NPDES program to USEPA for review and approval before it can be authorized to administer the federal program.
Developing and maintaining an effective NPDES program will require adequate resources and continued federal support. The Nation continues to address gaps in Clean Water Act protection, but USEPA must also continue to meet its responsibilities and provide the resources and support needed for the Navajo Nation to take on these additional duties. Tribal efforts should strengthen water quality protection, not serve as a replacement for federal responsibility.
President Buu Nygren explained, “This achievement gives the Navajo Nation a reason to look ahead with hope. With continued work, proper resources, and cooperation between the Navajo Nation, USEPA, and our neighboring states, NNEPA can continue building a stronger water quality program to help protect Navajo waters for generations to come.”
Obtaining NPDES authority from USEPA will strengthen NNEPA’s ability to oversee wastewater discharges, address compliance issues, and hold dischargers accountable for meeting water quality requirements.
NTUA’s past compliance challenges with wastewater discharge limits started in the 2010’s, and precipitated the recent, long-awaited wastewater treatment facility upgrades and improvements in several communities. NTUA’s compliance underscores the importance of effective wastewater management and continued enforcement oversight to protect Navajo waters.
NNEPA Director Mr. Stephen B. Etsitty emphasized the importance of protecting water quality throughout the entire water cycle, stating, “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. Obtaining NPDES authority now and effectively implementing it will be critical for our future growth.”
For more information, please contact Yolanda Barney, NNEPA, at 928-871-7715, or Kayla Chapo, NNEPA, at 928-871-7700.
NNEPA Receives Federal Approval to Advance Wastewater Management Program
WINDOW ROCK, Ariz. — On October 08, 2026, the Navajo Nation Environmental Protection Agency (NNEPA) reached an important milestone in protecting Navajo Nation surface water resources. The U.S. Environmental Protection Agency (USEPA) Region 9 approved NNEPA’s Treatment in a Similar Manner as a State (TAS) eligibility for the National Pollutant Discharge Elimination System (NPDES) program under the Clean Water Act.
This approval helps the Navajo Nation to continue developing its own NPDES program, which will include issuing wastewater discharge permits, setting pretreatment requirements, and localizing sewage sludge management. This is an important step toward strengthening the Nation’s ability to protect its rivers, streams, and other water resources for Navajo communities and future generations.
Public Notice of Proposed Rulemaking
Navajo Nation Pollutant Discharge Elimination System Regulations
The Navajo Nation Environmental Protection Agency (NNEPA), through the Water Quality/Navajo Nation Pollutant Discharge Elimination System Program (WQ/NNPDES Program), is accepting written comments on its proposed Navajo Nation Pollutant Discharge Elimination System Regulations (NNPDES Regulations), which are being promulgated pursuant to the Navajo Nation Clean Water Act, 4 N.N.C. §§ 1303-1394.
The proposed NNPDES Regulations will replace the NNPDES permitting regulations that were issued in 1996. Written comments on the proposed regulations and written requests to be included on the NNEPA WQ/NNPDES Program mailing list to receive individual notice of future rulemakings or draft permits issued under NNPDES Regulations must be received by NNEPA within thirty (30) days from the date of publication of this public notice. Written comments can be submitted to the Navajo Nation EPA Water Quality/NPDES Program, P.O. Box 339, Window Rock, AZ 86515. Comments also may be submitted by email to kmchapo@navajo-nsn.gov.
The Director of Navajo Nation EPA will, if requested, hold a public hearing on the proposed regulations to allow any person the opportunity to orally present their views, data or arguments in Navajo or English. Procedures governing Navajo Nation EPA public notices and public hearings are found in the Uniform Regulations for Permit Review, Administrative Enforcement Orders, Hearings, and Rulemakings under Navajo Nation Environmental Acts. The rulemaking docket, including all comments submitted, is available by appointment for public inspection and copying at the NNEPA WQ/NNPDES Program office, Administration Building No. 2695, Window Rock Boulevard, Window Rock, AZ 86515. If you have any questions please contact Kayla Chapo of the WQ/NNPDES Program at (928) 871-7700.
After the end of the public comment period, the NNEPA WQ/NNPDES Program will issue a response to comments that addresses all significant comments on the proposed NNPDES Regulations. The NNEPA WQ/NNPDES Program will send notification of the issuance of the final NNPDES Regulations to each person who has submitted comments or a request to be notified of the final decision.
Click here for the full Public Notice
Click here for the Proposed Regulations
Brief Description of Proposed Rule
The proposed NNPDES Regulations, which will replace the 1996 NNPDES permitting regulations, require permits for the following activities: (1) discharging pollutants from any point source (a discernible, confined, and discrete conveyance) into waters of the Navajo Nation; and (2) constructing, installing, modifying, or operating a treatment works, or any extension or addition to any treatment works, the operation of which would likely result in a discharge into waters of the Navajo Nation due to runoff, flow, or usage. Currently, these permits are issued by the United States Environmental Protection Agency (“USEPA”) under the federal National Pollutant Discharge Elimination System (“NPDES”) regulations.
The proposed NNPDES Regulations are consistent with and at least as stringent as the federal NPDES regulations. Once the NNPDES Regulations become final, the NNEPA WQ/NNPDES Program will seek approval from USEPA to implement the NNPDES Regulations in place of USEPA implementing the federal NPDES regulations. This outcome will give the Navajo Nation greater control over its water resources and will provide NNEPA with the primary authority to regulate discharges of water pollutants that may impact the environment and public health and welfare of the Navajo Nation. The proposed NNPDES Regulations also impose fees on dischargers to cover the costs of administering the NNPDES permitting program.