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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.

EPA expects that regular oversight activities, such as the State Review Framework and Permit Quality Review processes, will identify program implementation issues that the EPA and state would then address.

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

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