No.

QUESTION PRESENTED AND CONCLUSION

The U.S. Environmental Protection Agency ("EPA" or "the Agency") is the federal agency responsible for delegation of environmental programs to the states. The EPA has expressed the opinion that Colorado can no longer meet delegation requirements because of the self-audit law. Specifically, the Agency has stated that Colorado's self-audit law deprives the State of the ability to effectively administer the National Pollutant Discharge Elimination System ("NPDES") program under the Clean Water Act ("CWA").2 Although the focus has been on the CWA, EPA has also…