If a state program is not authorized or fails to operate properly, what can EPA do?

• A. Retain enforcement authority
• B. Cede all authority to private entities
• C. Stop issuing any permits nationwide
• D. Transfer responsibility to another federal agency

Answer: (A)

When a state doesn’t have an authorized NPDES program or its program isn’t functioning properly, EPA can step in to ensure the Clean Water Act’s protections are still in place. That means EPA retains the enforcement authority and can administer the permit program itself in that state, issuing permits and enforcing compliance under the federal program. This keeps nationwide pollution controls consistent and prevents gaps in oversight.

The other options aren’t aligned with how the program is structured. Private entities can’t be entrusted with issuing or enforcing permits under the NPDES; stopping permit issuance nationwide would leave discharges unregulated and isn’t how EPA would respond; transferring responsibility to another federal agency isn’t part of the standard mechanism for handling a non-functioning or non-authorized state program.