State and Tribal Program
Policy and Guidance Documents
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- Administration of FY 1999 Appropriation for Wastewater Treatment Projects for Indian Tribes and Alaska Native Villages (PDF)
Advises directors of tribal projects identified to receive funding through the agency's 1999 Appropriations Bill for the Clean Water Act Indian Set-Aside Grant Program.
- Applicability of Revised NPDES Regulations to Permits Currently Being Processed (PDF)
States when new NPDES regulations must be used for permits being developed. The memorandum allows use of existing regulations when the regulations become effective after the public notice of a permit.
- Authorization of Partial State Sewage Sludge Programs (PDF)
Memorandum stating that states can request authorization for parts of the sludge permit program.
- Award of Grants for Special Projects Authorized by this Agency's FY 1999 Appropriations Act (PDF)
Information and guidance on how the Agency will award and administer grants for identified special projects.
- Binding Effects of 303(e) Basin Plans (PDF)
Questions and answers of the applicability of section 303(e) water quality management plans on NPDES permits.
- Certification and Permitting of Dischargers Located on Water Forming Boundaries between States (PDF)
Information on permitting and dischargers on water boundaries between states. Legal memorandum stating that the state in which the discharge is located is the state authorized to make a 401 certification.
- Delegation (to the regions) of Updates to Major/Minor Lists (PDF)
Memorandum which establishes the delegation of determinations of major/minor status for both municipal and non-municipal NPDES dischargers to the Regions
- Determining Whether Revisions to State NPDES Programs Made To Authorize The Issuance Of General Permits Are Substantial (PDF)
Revisions to state NPDES programs.
- Development of State NPDES General Permit Programs (PDF)
Key information for state NPDES programs.
- Effect of State Audit Immunity/Privilege Laws on Enforcement Authority for Federal Programs (PDF)
Memorandum regarding the question of when enforcement and information gathering authority may be considered adequate for the purpose of approving or delegating programs in states with audit privilege or immunity laws.
- EPA Procedures for Review and Approval of State Pretreatment Program Submissions (PDF)
Memo regarding EPA approval of state pretreatment program plans.
- EPA's Authority to Issue NPDES General Permits in Approved NPDES States (PDF)
Memorandum explaining that EPA has no authority to issue general permits in authorized states, where the state has yet to receive authority to issue general permits. The memorandum also explains that EPA has authority over federal facilities even if a state has been approved to administer the NPDES program.
- Explanation of Procedural/Funding Requirements for State Pretreatment Programs: Document C (PDF)
POTW pretreatment programs.
- Final Procedures for the Review of Draft and Final General NPDES Permits (PDF)
Final review procedures for draft and final general NPDES permits.
- General Permit Program Guidance
Centralized source of information about the general permit process.
- Guidance on EPA's NPDES and Sludge Management Permit Procedures on Federal Indian Reservations (PDF)
Provides guidance on EPA's obligations to issue NPDES and sludge permits to facilities located on Indian reservations.
- Guidance to States on Assessing Existing Abilities to Implement a State Pretreatment Program and Preparing October 10, 1978, Submission to EPA (PDF)
Guidance to states for developing evaluation of their abilities to implement a state pretreatment program.
- Implementation of Section 406 of the Water Quality Act of 1987: Sewage Sludge Permitting and State Programs (PDF)
Clarifies the 1987 amendments to the CWA and the impact to sewage sludge regulation and permitting.
- Interim Authorization of Programs Based on emergency State Regulations
Publication is not available electronically. For more information on ordering publications, go to http://www.epa.gov/owm/inpub.htm.
Memorandum pertaining to RCRA program expressing limited conditions under which a state could receive interim authorization to issue permits. Although this was issued for the RCRA program, the concept could apply to NPDES.
(This file is not currently available for download)
- Judicial Officer's Decision on Part 124 Proceedings (PDF)
Guidance that when both legal and factual issues arise in an evidentiary hearing, and the EPA region grants the hearing on the factual issues, that the legal issues must also be heard by the administrative law judge.
- NPDES and Sewage Sludge Program Authority: A Handbook for Federally Recognized Indian Tribes (PDF)
General information on the NPDES wastewater and sewage sludge programs for federally recognized tribes (EPA-833-B-94-004).
- NPDES Evidentiary Hearing Management Program (PDF)
Procedures for evidentiary management program.
- NPDES Permits and Requirements of State Law (PDF)
NPDES permits to federal facilities must conform with state water quality management plans, but that the permits do not need to be immediately modified to include recent revisions to such plans.
- NPDES State Program Guidance
Guidance for development and review of State program applications and evaluation of State legal authorities. Volume One. (40 CFR Parts 122-125 and 403).
- Table of Contents and Introduction (PDF)
- Chapter 1: Synopsis of the Statutory and Regulatory Requirements of the NPDES Program (PDF)
- Chapter 2: Procedures for State Program Approval, Modification, Review, and Withdrawal (PDF)
- Chapter 3: Statutory Authority and The Attorney General Statement (PDF)
- Chapter 4: Regulatory Authorities (PDF)
- Chapter 5: The Program Description and Memorandum of Agreement (PDF)
- Chapter 6: EPA's State Program Oversight (PDF)
- Entire Document (PDF)
- Permit Compliance System (PCS) Policy Statement (PDF)
Policy requiring EPA regional and state use of PCS for storage of NPDES information.
- Policy Statement on Scope of Discharge Authorization and Shield Associated with NPDES Permits (PDF)
EPA's position on the scope of the authorization to discharge under an NPDES permit and the shield thus associated with the permit authorization.
- Procedures For Processing Plans of Approved NPDES States To Implement NPDES General Permit Programs (PDF)
Uniform procedures for authorizing approved NPDES states to implement general permit programs.
- Procedures Manual for Reviewing a POTW Pretreatment Program Submission (PDF)
Guidance to EPA Regions and states on how to review local POTWs pretreatment program submissions.
- Regional Guidance for Development of State-by-State Watershed Protection Assessment and Action Plans (PDF)
Guidance document to provide assistance to EPA regions in preparing state-by-state assessments and action plans.
- Regional Review of State-Issued NPDES Permits (PDF)
Clarification on review of NPDES permits.
- Results of Significant Noncompliance (SNC) Study (PDF)
Significant noncompliance study and enforcement of EPA regulations.
- Review of State NPDES Permits Written Prior to State Program Revision (PDF)
Applicability of certain requirements contained in the consolidated permit regulations.
- Revised Policy Statement on Scope of Discharge Authorization and Shield Associated with NPDES Permits (PDF)
Memorandum describing EPA's policy interpretation of Clean Water Act section 402(k), also known as "permit as a shield."
- Short-Term Financial Assistance for States Expected to Receive Authorization Before January 1, 1981 (PDF)
Issues of financial assistance to states where the Region expects to issue interim authorization between Nov. 19, 1980 and Jan. 1, 1981.
- State General Permit Program Development (PDF)
Guidance document provides a centralized source of information about the general permit process and obtaining general permit authority.
- State Regulation on Federal Facilities under the Federal Water Pollution Control Act Amendments of 1977 (Clean Water Act) Policy Guidance Memorandum (PDF)
Information on the recent amendments to the FWPCA.
- State Sludge Management Program Guidance Manual (PDF)
Provides guidance and specifies procedures for evaluating state sludge program applications.
- State Water Quality-Based Quality Control Program Review Guidance (PDF)
Guidance for review of state toxics control programs. [Note: This activity was suspended following release of the 1991 Technical Support Document for Water Quality-based Toxics Control, and the promulgation of the National Toxics Rule on December 22, 1992.]
- The Use of State Permitting Systems During Phase I Interim Authorization Which Are Not Based on Explicit Regulatory Standards (PDF)
Issues of state hazardous waste programs.
- The Watershed Approach: Our Framework for Ecosystem Protection (PDF)
Describesing actions EPA will take to foster a watershed approach to protecting surface waters.
- Transfer of Authority Over Federal Facilities to NPDES States - Guidance Memorandum (PDF)
Guidance on authorizing states to issue NPDES permits to federal facilities. Uniform method for processing transfers of authority.
- Transfer of NPDES Federal Facilities Program Authority Under Section 313 of the Clean Water Act to the State of Michigan: Action Memorandum (PDF)
Information on NPDES program authority for Federal Facilities being transferred to the state of Michigan.