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Compliance

Memorandum of Agreements Between EPA and States Authorized to Implement the National Pollutant Discharge Elimination System (NPDES) Program

States who want to be authorized to administer the NPDES program submit to EPA a letter from the Governor requesting review and approval, along with a Memorandum of Agreement (MOA), a Program Description, a Statement of Legal Authority (also known as an "Attorney Generals Statement" or "AG Statement"), and the underlying State Laws & Regulations under which the authorized program would operate. After a review process, EPA makes a decision as to whether the program should be approved. The table below contains the MOAs for all approved (authorized) NPDES programs. 

On August 24, 2012, EPA’s Office of Enforcement and Compliance Assurance and Office of Water distributed Final Documents for Review of Existing State/EPA Memoranda of Agreement

EPA, with input from the states, developed review criteria , a checklist and a model NPDES MOA, as tools for EPA regions and states to use in reviewing an existing MOA, deciding whether revisions are needed, and in making appropriate revisions where necessary. These documents are not legally binding or enforceable and MOAs do not need to mirror the model. The model is an example that provides sample language as a reference tool.

The EPA expects that NPDES program MOAs will be reviewed by each state and EPA regional office at least once every four years in accordance with the four year cycle for integrated program reviews. NPDES Permit Quality Reviews and State Review Framework enforcement reviews were integrated under the Clean Water Act Action Plan, beginning in FY2013.

A summary table listing the approval dates for each state NPDES program and subprogram is also available.

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