The NPDES Delegation Process
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On October 31, 2003, EPA approved the NPDES program for nearly all remaining areas of the State. This approval, in addition to the previous authorization on January 12, 2001, means that Maine will administer the NPDES program state-wide with some limited exceptions. EPA did not approve the State's application for discharges originating on certain tribal lands. The Agency determined that regulation of these discharges is an internal tribal matter. Currently, there a two such discharges, the tribally owned wastewater treatment facilities on Indian Island and the Pleasant Point Reservation, which EPA will continue to directly regulate under the NPDES program. Also, EPA has not made a decision on that part of the State's application for lands held in trust for the Holuton Band of Maliseets and the Aroostook Band of Micmacs. At present, there are no NPDES-regulated discharges on these lands.
The Federal Register announcement of EPA's decision
On January 12, 2001 EPA approved the NPDES program in much of Maine. Details and information about the transition to State administration of the program.
Program overview
Delegation is a process of the EPA authorizing the DEP to administer the Federal Clean Water Act’s major program elements, or the National Pollutant Discharge Elimination System (NPDES) in Maine. Currently, anyone wishing to discharge pollutants to surface water in Maine must receive permits from both the DEP and EPA in Boston. Delegation will allow the DEP to be the single point of contact for waste discharge regulatory programs, and the dual permitting will be eliminated.
Contact: Dennis Merrill (287-7788)
History
- Maine's formal application for NPDES delgation was submitted to EPA in Boston on November 16, 1999.
- The application found to be complete by EPA on December 17, 1999.
- The notice of Maine's application was published in the Federal Register on December 30, 1999.
- A public hearing was held by EPA on February 16, 2000 at 7:00 PM in the Augusta Civic Center.
- EPA's public comment period was open through February 29, 2000.
- The EPA requested an extension of the time allowed for final action on the State's application until May 16, 2000. The DEP is in agreement with the request.
- The Board of Environmental Protection voted to endorse a revised Memorandum of Agreement on April 20, 2000. This revised document (see section III, below) includes changes in response to public comments.
- The EPA requested an additional extension of the time allowed for final action on the State's application until June 15, 2000. The DEP is in agreement with the request.
- The Attorney General issued a supplemental statement on June 1, 2000, in response to public comments. See document below.
- The EPA reopened the public comment period to recieve comments only on the question of whether EPA should approve the State's application to administer its program in the lands or territories of the Indian Tribes in Maine. The comment period for this purpose will be open from June 28 through July 28, 2000. The notice of the comment period may found in the June 28, 2000 Federal Register, pages 39899-39900. Following the close of the comment period, EPA will review the comments it receives and prepare a decision on the State's application.
- The EPA extended the public comment period above through August 21, 2000. The notice for this extension appeared in the August 4, 2000 Federal Register, pages 47989-47990.
- The DEP granted an extension of the time allowed for EPA to make a final decision on Maine's application until Sepember 26, 2000. Furhter extensions have not been granted.
- On January 12, 2001 EPA approved the NPDES program for much of Maine.
- On October 31, 2003 EPA aproved the NPDES program for nearly all of Maine.
Delegation documents
The following is a (nearly) complete set of the application documents. All of the major elements are included, although some attachments or figures are not available electronically. Copies of the documents not included here may be obtained by contacting the Department.
The application consists of the following parts. Linkes to files follow the table.
Cover & Preface |
|
Section I |
Letter From the Governor |
Section II |
Program Description |
Section III |
Memorandum of Agreement |
Section IV |
Statement of the Attorney General |
Appendix A |
Job Descriptions for NPDES Positions |
Appendix B |
Application Forms |
Appendix C |
Compliance Policies |
Appendix D |
Comparison of Federal Requirements and Maine Laws and Rules |
Appendix E |
State Laws Applicable to the NPDES Program |
Appendix F |
State Rules Applicable to the NPDES Program |
Text
Section I. Letter From the Governor return to index
Text
Section II. Program Description return to index
a. Contents
b. Text. Some figures or tables are not included with the document.
Section III. Memorandum of Agreement return to index
a. REVISED TABLE OF CONTENTS
b. REVISED TEXT
Section IV. Statement of the Attorney General return to index
a. Contents
b. Text
c. Supplemental statement, June 1, 2000
Appendix A. Job Descriptions for NPDES Positions (not available electronically)
(State forms only. EPA forms are also used and may be found at epa.gov/owm/npdes.htm#forms.)
General Application Form
Outfall Information
Fish Rearing Facilities
Food Processing Facilities
Publicly Owned Treatment Facilities
Pesticide Application
Appendix C. Compliance Policies return to index
Department Compliance Policy
Consent Agreement Policy
Division of Water Resource Regulation Compliance Policy
Appendix D. Comparison of Federal Requirements and Maine Laws and Rules return to index
Text
Appendix E. State Laws Applicable to the NPDES Program return to index
Contents
Text
Appendix F. State Rules Applicable to the NPDES Program return to index
Adopted 3/24/99 by the Board of Environmental Protection. Effective date will be upon approval of delegation by EPA.
Updated index with page numbers |
Chapter |
Subject |
520 |
Definitions for the Waste Discharge Permitting Program |
521 |
Applications for Waste Discharge Licenses |
522 |
Application Processing Procedures for Waste Discharge Licenses |
523 |
Waste Discharge License Conditions |
524 |
Criteria and Standards for Waste Discharge Licenses |
525 |
Effluent Guidelines and Standards |
528 |
Pretreatement Program |
529 |
General Permits for Certain Wastewater Discharges |
