NPDES Primacy Application

October 29, 2008 Application
DEC submitted the final NPDES application October 29, 2008. EPA approved the State's NPDES application on October 31, 2008. The application consists of six components:

1. A letter from the Governor (PDF) requesting approval of the state’s application;
2. A Program Description that describes how the state will issue APDES permits, ensure permit compliance, conduct enforcement, fund the program, and manage program information and data;
3. A signed Memorandum of Agreement (MOA) between the State and EPA that stablishes timeframes for the State to assume authority for the program;
4. An Attorney General Statement (PDF) confirming that the State’s laws and regulations are sufficient to implement the NPDES program;
5. Statutes and Regulations that the State adopted to provide the necessary authority to implement the NPDES program, including HB 149 (PDF) signed by Governor Palin; and
6. A Continuing Planning Process document that discusses how DEC will continually update its program.

Schedule to Transfer NPDES Program Authority
DEC and EPA have projected a schedule for NPDES Program approval. The NPDES application establishes a schedule for EPA to transfer permit/compliance responsibility for the NPDES Program to DEC over four years once EPA approves the application.

On August 11, 2011 EPA approved ADEC's request for a transfer extension and Phase IV facilities will now transfer to ADEC on October 31, 2012. The EPA's decision is published in the August 23, 2011 Federal Register.