Water Quality/NNPDES Program
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.