Scope of Authorization. The COMMISSIONER and the REGIONAL ADMINISTRATOR agree that EPA has granted authority to the DEPARTMENT to administer the NPDES permitting, compliance, and enforcement programs for individual and general permits, as well as for the pretreatment and stormwater programs in Alaska. The DEPARTMENT does not have NPDES Program authority for facilities located in the Denali National Park and Preserve1, facilities located in Indian Country, facilities operating outside state waters (three miles offshore), the nine (9) facilities with the CWA §301(h) waivers, or a biosolids management program as part of the APDES Program. EPA retains authority over those facilities the DEPARTMENT cannot seek authority over (Appendix A) and the biosolids management program. The DEPARTMENT will implement the APDES Program in phases, as provided for by the CWA §402(n) and in accordance with 40 CFR §123.1(g)(2). Appendix B identifies the schedule to phase permitting, compliance, and enforcement authority from EPA to the DEPARTMENT for specific program components and permits. The DEPARTMENT will assume administration of the program components and permits per the agreed upon schedule in Appendix B. Until the DEPARTMENT assumes administration of each program component or permit, EPA will continue to administer that program component or permit in accordance with 33 U.S.C. §1342(n)(4). That continued EPA role includes accepting applications; drafting permits and fact sheets; public noticing draft permits and review; preparing a response to comments; issuing permits; conducting inspections, audits, and reviews of various reports; and initiation of compliance and enforcement actions, as necessary. The DEPARTMENT will continue to certify EPA-issued NPDES permits with the CWA §301(h) waivers under the CWA §401 and support EPA's program activities.
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