State Program Authorization Information

Authorization for states, tribes, and territories is through a process that is defined by Clean Water Act (CWA) Section 402 (b) and 40 CFR Part 123. Submission of the following items is needed in order to receive authorization to administer the NPDES program:

• a letter from the Governor requesting review and approval,
• a Memorandum of Agreement (MOA),
• a program description,
• a statement of legal authority (also known as an "Attorney General's Statement" or "AG Statement"), and
• the underlying state laws and regulations.

EPA determines whether the package is complete within 30 days of receipt. Within 90 days of receipt, EPA renders a decision to approve or disapprove the program. An extension for the review period is possible by an agreement.

The process of authorization includes a public review, comment period, and a public hearing. If EPA disapproves the program, EPA remains the permitting authority for that state, tribe, or territory.

A state may receive authorization for one or more of the NPDES program components. EPA retains authorization for the program components for which a state is not authorized. For example, if the state had not received authorization for federal facilities, EPA would continue to issue permits to federal facilities (e.g., military bases, national parks, federal lands, etc.)

If EPA approves the program, the state assumes permitting authority. Submission of all new permit applications would go to the state agency for NPDES permit issuance. Certain permits issued prior to authorization may continue under EPA administration as set forth in the MOA. Even after a state receives NPDES authorization, EPA continues to issue NPDES permits on tribal lands (if the tribe is not administering its own approved NPDES program).

State Program Authority

A state may receive authorization for one or more of the NPDES program components. The table below shows the status of state authorizations to date.

• NPDES Program Authorizations -- A color-coded map showing the status of NPDES programs in states and territories. 

Texas* - Partial Program- not authorized to issue permits for activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline. EPA is the permitting authority for those facilities since it is not in the Texas Commission on Environmental Quality's jurisdiction. All parts of the program within jurisdiction of the Texas Commission on Environmental Quality are authorized.

State Program Withdrawal Petitions

EPA has authorized 46 states and the U.S. Virgin Islands to implement the NPDES program. During routine oversight activities, EPA and the states identify ways in which the states can improve their program administration. 

Under EPA's regulations, citizens may petition EPA to withdraw a state's authority to administer the NPDES program. When EPA receives such a petition, EPA generally works with the state and the petitioner to resolve the issues that the petition raises and strengthen the state's NPDES program. 

On this page, you may search for pending and resolved NPDES withdrawal petitions by state, region, date, or keyword. You may use the map of the EPA regions to refine your search. You may also sort the petitions according to their status.

• "Pending" indicates that EPA has received the petition and is working with the state and petitioner to resolve it.
• "Withdrew petition" means that the petitioner has withdrawn the petition.
• "Resolved" means that EPA has resolved the issues raised in the petition and has denied the petition. "Partially resolved" means that EPA has partially denied the petition by resolving some of the issues, while continuing to work with the state and petitioner on other pending issues.
• "Program withdrawn" would apply if, after conducting investigations, EPA withdrew a state's NPDES authority. 

Please direct questions about this system to npdesbox-request@epa.gov