Navajo Nation Becomes First Tribe Eligible to Administer Clean Water Act Permitting Programs
NAVAJO NATION (Oct. 21, 2026) – Today, U.S. Environmental Protection Agency (EPA) announced the approval of Navajo Nation's application for "treatment in a similar manner as a state" (TAS) under the federal Clean Water Act for the National Pollutant Discharge Elimination System (NPDES) and sludge management programs. The Navajo Nation, which possesses the largest Tribal reservation in the United States, is the first Tribe in the country to attain TAS status for these programs.
TAS represents important progress toward tribal self-governance, signifying that Navajo Nation is now eligible to apply to administer NPDES and sludge management programs on their land. EPA’s support of this approach is consistent with EPA Indian Policy and advances cooperative federalism, one of Administrator Lee Zeldin’s five pillars.
“This approval brings Navajo Nation one step closer to having direct regulatory authority over the water resources on its lands,” said EPA Pacific Southwest Regional Administrator Mike Martucci. “EPA remains committed to strengthening collaboration with Tribes throughout the Pacific Southwest and looks forward to working with Navajo Nation on next steps.”
“The Office of International and Tribal Affairs is honored to announce that the Navajo Nation has been approved for the first-ever TAS for the NPDES program,” said EPA Office of International and Tribal Affairs Assistant Administrator Usha Maria-Turner. “This approval represents years of hard work by the Navajo Nation, advances cooperative federalism, and highlights EPA’s commitment to supporting Tribal sovereignty and self-governance.”
“Navajo Nation is taking an important step to protect their waters. Protecting America’s waters is a top priority for EPA, and we can only be successful if we work together under the Clean Water Act’s cooperative federalism framework, said EPA Assistant Administrator for Water Jess Kramer. “The Trump EPA recognizes that like other local leaders, the Navajo Nation knows their waters best, and we are confident in their ability to implement these water quality programs.”
“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,” said Navajo Nation EPA Director Stephen B. Etsitty. “Obtaining NPDES authority now and effectively implementing it will be critical for our future growth.”
With this new level of authority Navajo Nation would be able to:
- Issue permits that set discharge limits and monitoring and reporting requirements for discharges of pollutants into Tribal waters
- Regulate the use and disposal of sewage sludge
- Carry out related enforcement and administrative functions, similar to states exercising this authority under Section 402 of the Clean Water Act
For more information on “treatment as a state,” visit EPA’s webpage on the NPDES program.
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