Construction water permitting state comparison

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Each state manages construction water permitting differently. EPA authorizes many states to administer the National Pollutant Discharge Elimination System (NPDES) stormwater permitting program. Most construction companies will need to obtain NPDES permit coverage through their state. Construction companies in states covered by the federal NPDES program and in areas in Indian Country will obtain permitting coverage through EPA's Multi-Sector General Permit. Use the chart below to determine if additional requirements apply to your operations.

Federal regulatory citation

40 CFR 405 — Dairy products processing point source category
40 CFR 406 — Grain mills point source category
40 CFR 407 — Canned and preserved fruits and vegetables processing point source category
40 CFR 408 — Canned and preserved seafood processing point source category
40 CFR 409 — Sugar processing point source category
40 CFR 410 — Textile mills point source category
40 CFR 411 — Cement manufacturing point source category
40 CFR 412 — Concentrated animal feeding operations (CAFO) point source category
40 CFR 413 — Electroplating point source category
40 CFR 414 — Organic chemicals, plastics, and synthetic fibers
40 CFR 415 — Inorganic chemicals manufacturing point source category
40 CFR 417 — Soap and detergent manufacturing point source category
40 CFR 418 — Fertilizer manufacturing point source category
40 CFR 419 — Petroleum refining point source category
40 CFR 420 — Iron and steel manufacturing point source category
40 CFR 421 — Nonferrous metals manufacturing point source category
40 CFR 422 — Phosphate manufacturing point source category
40 CFR 423 — Steam electric power generating point source category
40 CFR 424 — Ferroalloy manufacturing point source category
40 CFR 425 — Leather tanning and finishing point source category
40 CFR 426 — Glass manufacturing point source category
40 CFR 427 — Asbestos manufacturing point source category
40 CFR 428 — Rubber manufacturing point source category
40 CFR 429 — Timber products processing point source category
40 CFR 430 — The pulp, paper, and paperboard point source category
40 CFR 432 — Meat and poultry products point source category
40 CFR 433 — Metal finishing point source category
40 CFR 434 — Coal mining point source category bpt, bat, bct limitations and new source performance standards
40 CFR 435 — Oil and gas extraction point source category
40 CFR 436 — Mineral mining and processing point source category
40 CFR 437 — The centralized waste treatment point source category
40 CFR 438 — Metal products and machinery point source category
40 CFR 439 — Pharmaceutical manufacturing point source category
40 CFR 440 — Ore mining and dressing point source category
40 CFR 441 — Dental office point source category
40 CFR 442 — Transportation equipment cleaning point source category
40 CFR 443 — Effluent limitations guidelines for existing sources and standards of performance and pretreatment standards for new sources for the paving and roofing materials (tars and asphalt) point source category
40 CFR 444 — Waste combustors point source category
40 CFR 445 — Landfills point source category
40 CFR 446 — Paint formulating point source category
40 CFR 447 — Ink formulating point source category
40 CFR 449 — Airport deicing point source category
40 CFR 450 — Construction and development point source category
40 CFR 451 — Concentrated aquatic animal production point source category
40 CFR 454 — Gum and wood chemicals manufacturing point source category
40 CFR 455 — Pesticide chemicals
40 CFR 457 — Explosives manufacturing point source category
40 CFR 458 — Carbon black manufacturing point source category
40 CFR 459 — Photographic point source category
40 CFR 460 — Hospital point source category
40 CFR 461 — Battery manufacturing point source category
40 CFR 463 — Plastics molding and forming point source category
40 CFR 464 — Metal molding and casting point source category
40 CFR 465 — Coil coating point source category
40 CFR 466 — Porcelain enameling point source category
40 CFR 467 — Aluminum forming point source category
40 CFR 468 — Copper forming point source category
40 CFR 469 — Electrical and electronic components point source category
40 CFR 471 — Nonferrous metals forming and metal powders point source category

State comparison

State	Adherence to federal regulations	State regulatory citations	State-specific requirements
Alabama	The Alabama Department of Environmental Management issues NPDES permits	Chapter 335-6-12 National Pollutant Discharge Elimination System (NPDES) Construction, Noncoal/Nonmetallic Mining and Dry Processing Less Than Five Acres, Other Land Disturbance Activities, and Areas Associated with These Activities	Follows Federal
Alaska	EPA issues NPDES permits for: federal facilities tribal lands. All other permits are issued by the Alaska Dept. of Environmental Conservation.	Alaska Dept. of Environmental Conservation. Chapter 15. Administrative Procedures. 18 AAC 15.120	Follows Federal
Arizona	EPA issues NPDES permits for all Indian Country within the state. All other NPDES permits are issued by the Arizona Department of Environmental Quality.	Title 18. Environmental Quality Chapter 11. Department of Environmental Quality - Water Quality Standards R18-9-A905 (page 112)	Follows Federal
Arkansas	EPA has delegated authority to issue NPDES permits to the Arkansas Dept. of Environmental Quality Water Permits.	Arkansas Pollution Control and Ecology Commission Regulation No. 6 Regulations for State Administration of the National Pollutant Discharge Elimination System (NPDES)	Follows Federal with additional requirements.
California	EPA issues NPDES permits for federal facilities and tribal lands. All other permits issued by the SWRCB's Division of Water Quality.	Division 7. Water Quality [13000 - 16104] ( Division 7 repealed and added by Stats. 1969, Ch. 482.) Chapter 5.9. The Storm Water Enforcement Act of 1998 [13399.25 - 13399.43]	Follows Federal with additional requirements.
Colorado	EPA issues NPDES permits for federal facilitites and tribal lands. All other permits issued by the Colorado Department of Public Health & Environment.	Department Of Public Health And Environment Water Quality Control Commission Regulation No. 61 - Colorado Discharge Permit System 5 CCR 1002-61.3(2)	Follows Federal with additional requirements.
Connecticut	Connecticut has assumed the NPDES program from the federal government. Connecticut Dept. of Emergency and Environmental Protection.	22a-430-3 Regulations of Connecticut State Agencies (RCSA)	Follows Federal with additional requirements.
Delaware	EPA issues NPDES permits for federal facilities. All other NPDES permits issued by the Delaware Dept. of Natural Resources and Environmental Control.	Department Of Natural Resources And Environmental Control Division of Water 7201 Regulations Governing the Control of Water Pollution. 7201.9.2	Follows Federal with additional requirements.
District of Columbia	EPA issues permits for the District of Columbia	Chapter 5 (Water Quality and Pollution) of Title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR)	Follows Federal with additional requirements.
Florida	EPA issues NPDES permits for federal facilitates and tribal lands. All other NPDES permits are issued by the Florida Dept. of Environmental Protection.	Florida Administrative Code (FAC) 62-261.300(4)	Follows Federal with additional requirements.
Georgia	The Georgia Dept. of Natural Resources has the authority to run the NPDES permitting program.	Industrial facilities: Rules and Regulations of the State of Georgia (GRR) 391-3-6-.16(5)(a)(3)	Follows Federal with additional requirements.
Hawaii	EPA Region 9 issues NPDES permits for any discharges to federal ocean waters. All other NPDES permits issued by the Hawaii Dept. of Health.	Hawaii Administrative Rules Title 11 Department of Health Chapter 55 Water Pollution Control	Follows Federal
Idaho	EPA issues NPDES permits for federal facilities located on tribal lands and/or discharging to tribal waters. All other NPDES permits issued by the Idaho Dept. of Environmental Quality.	58.01.25 Rules Regulating the Idaho Pollution Discharge Elimination System Program	Follows Federal
Illinois	NPDES permits are issued by the Illinois Environmental Protection Agency (IEPA) Division of Water Pollution Control.	Title 35: Environmental Protection Subtitle C: Water Pollution Chapter I: Pollution Control Board Part 309 Permits	Follows Federal with additional requirements.
Indiana	NPDES permits are issued by the Indiana Department of Environmental Management Office of Water Quality.	Article 15. NPDES General Permit Rule Program 327 IAC Rule 2. Basic NPDES General Permit Rule Requirement, 15-5-1 through 15-5-12	Follows Federal with additional requirements.
Iowa	EPA administers permits on tribal lands. All other permits are issued by the Iowa Dept. of Natural Resources Water Quality Bureau.	Environmental Protection [567] IAC Chapter 64 Wastewater Construction And Operation Permits 567—64.15 (455B)	Follows Federal with additional requirements.
Kansas	EPA administers permits on tribal lands. All other permits are issued by the Kansas Dept. of Health and Environment Bureau of Water.	KS Stat. Ann. 65-3301 to 65-3329	Follows Federal with additional requirements.
Kentucky	EPA administers permits on tribal lands. All other permits are issued by the Kentucky Energy and Environment Cabinet.	401 Kentucky Administrative Regulations (KAR) 5:050	Follows Federal with additional requirements.
Louisiana	EPA issues NPDES permits on tribal lands. All other permits are issued by the Louisnana Department of Environmental Quality.	Title 33 Environmental Quality Environmental Regulatory Code, May 2016, Part IX. Water Quality, Subpart 1. Water Pollution Control	Follows Federal with additional requirements.
Maine	Maine runs its own NPDES permitting program through the Maine Department of Environmental Protection.	Title 38: Waters And Navigation, Chapter 3: Protection And Improvement Of Waters, Subchapter 1: Environmental Protection Board, Article 2: Pollution Control	Follows Federal
Maryland	Maryland runs its own NPDES permitting program. Permits are issued by the Maryland Dept. of the Environment Water Management Administration.	Title 26. Department of Environment, Part 2. Subtitle 08. Water Pollution, Chapter 26.08.04. Permits	Follows Federal
Massachusetts	All NPDES permits are issued by EPA New England.	Massachusetts NPDES Permits	Follows Federal
Michigan	EPA issued NPDES permits on tribal lands. All other permits are issued by the Michigan Dept. of Environmental Quality.	Mich. Admin. Code R. 323.2190	Follows Federal with additional requirements.
Minnesota	EPA issues NPDES permits on tribal lands. All other permits are issued by the Minnesota Pollution Control Agency.	Chapter 7090, Storm Water Regulatory Program 7090.2010	Follows Federal with additional requirements.
Mississippi	EPA issued NPDES permits on tribal lands. All other permits are issued by the Mississippi Department of Environmental Quality.	Mississippi Air and Water Pollution Control Law, Mississippi Code Annotated (MS Code Ann.) 49-17-1 to 49-17-43	Follows Federal with additional requirements.
Missouri	Missouri runs its own NPDES permitting program. Missouri Dept. of Natural Resources.	Division 20—Clean Water Commission Chapter 6—Permits 10 CSR 20-6.200(1) and (3)	Follows Federal with additional requirements.
Montana	EPA issues all NPDES permits on tribal lands. All other permits are issued by the Montana Department of Environmental Quality.	Department of Environmental Quality, Water Quality, Montana Pollutant Discharge Elimination System (MPDES) Permits ARM 17.30.1115	Follows Federal
Nebraska	EPA issues all NPDES permits on tribal lands. All other permits are issued by the Nebraska Department of Environment and Energy.	Nebraska Administrative Code Nebraska Department of Environmental Quality Title 119 Rules and Regulations Pertaining to the Issuance of Permits Under the National Pollutant Discharge Elimination System	Follows Federal
Nevada	EPA Region 9 issues all NPDES permits for discharges on tribal lands. All other NPDEs permits are issued by the Nevada Division of Environmental Protection.	Chapter 445A - Water Controls, Nevada Administrative Code (NAC) 445A.266 to 445A.272.	Follows Federal with additional requirements.
New Hampshire	NPDES permits are issued by EPA New England (Region 1).	New Hampshire NPDES Permits	Follows Federal
New Jersey	NPDES permits are issued by the New Jersey Dept. of Environmental Protection.	N.J.A.C. 7:8 Stormwater Management	Follows Federal
New Mexico	EPA issues all NPDES permits in NM.	New Mexico NPDES Permits	Follows Federal
New York	EPA issues NPDES permits on tribal lands and some federal facilities. All other NPDES permits are issued by the New York Dept. of Environmental Conservaton.	Part 750 State Pollutant Discharge Elimination System (SPDES) Permits	Follows Federal with additional requirements.
North Carolina	EPA issues NPDES permits within certain tribal lands. All other NPDES permits are issued by the North Carolina Department of Environmental Quality.	15A NCAC 02H .0126 Stormwater Discharges	Follows Federal with additional requirements.
North Dakota	EPA issues all NPDES permits on tribal lands. All other permits are issued by the North Dakota Department of Health.	Chapter 33-16-01 North Dakota Pollutant Discharge Elimination System	Follows Federal with additional requirements.
Ohio	EPA issues all NPDES permits on tribal lands. All other permits are issued by the Ohio Environmental Protection Agency.	General NPDES Permits, Chapter 3745-38 of the Administrative Code	Follows Federal with additional requirements.
Oklahoma	EPA issues NPDES permits on tribal lands and those that perform oil and gas drilling. All other permits are issued by the Oklahoma Dept. of Environmental Quality.	Title 252. Department of Environmental Quality, Chapter 606. Oklahoma Pollutant Discharge Elimination System (OPDES) Standards	Follows Federal with additional requirements.
Oregon	EPA issues NPDES permits on tribal lands and in federal waters off the coast. All other NPDES permits are issued by the Oregon Department of Environmental Quality.	Chapter 340 Division 45 Regulations Pertaining to NPDES and WPCF Permits	Follows Federal with additional requirements.
Pennsylvania	The Pennsylvania Dept. of Environmental Protection issues NPDES permits.	Chapter 92a. National Pollutant Discharge Elimination System, Permitting, Monitoring and Compliance 92a.32.	Follows Federal
Rhode Island	The Rhode Island Department of Environmental Protection issues all NPDES permits.	250-RICR-150-10-1.32	Follows Federal with additional requirements.
South Carolina	The South Carolina Dept. of Health and Environmental Control issues all NPDES permits.	Regulation 61-9 Water Pollution Control Permits 61-9.122. 26(b)(15)	Follows Federal with additional requirements.
South Dakota	EPA issues all NPDES permits on tribal lands. All other permits are issued by the South Dakota Department of Environmental & Natural Resources.	Article 74:52 Surface Water Discharge Permits 74:52:01:02.02	Follows Federal
Tennessee	The Tennessee Dept. of Environment and Conservation issues all NPDES permits.	Chapter 0400-40-10 National Pollutant Discharge Elimination System General Permits	Follows Federal with additional requirements.
Texas	EPA issues NPDES permits on tribal lands. All other permits are issued by the Texas Commission on Environmental Quality.	30 Texas Administrative Code (TAC) 308.1 to 308.141 (repealed)	Follows Federal
Utah	EPA issues NPDES permits on tribal lands. All other permits are issued by the Utah Dept. of Environmental Quality.	Rule R317-8. Utah Pollutant Discharge Elimination System (UPDES) R317-8-3.9	Follows Federal
Vermont	The Vermont Dept. of Environmental Conservation issues NPDES permits.	Water Pollution Control Permit Regulations, Chapter 13 Virginia Administrative Code Chapter 880. General VPDES Permit for Discharges of Stormwater from Construction Activities	Follows Federal with additional requirements.
Virginia	The Virginia Dept. of Environmental Quality issues NPDES permits.	Chapter 880. General VPDESPermit for Discharges of Stormwater from Construction Activities	Follows Federal with additional requirements.
Washington	EPA issues NPDES permits for federally-owned facilities and permits on tribal lands. All other permits are issued by the Washington Department of Ecology.	Chapter 173-220 WAC National Pollutant Discharge Elimination System Permit Program	Follows Federal with additional requirements.
West Virginia	The West Virginia Dept. of Environmental Quality issues NPDES permits.	West Virginia Regulations (WV Reg.) 47-10	Follows Federal with additional requirements.
Wisconsin	EPA issues all NPDES permits on tribal lands. All other pemits are issued by the Wisconsin Dept. of Natural Resources.	Chapter NR 216 Storm Water Discharge Permits NR 216.41 -- 216.55	Follows Federal with additional requirements.
Wyoming	EPA issues all NPDES permits on tribal lands. All other permits are issued by the Wyoming Department of Environmental Quality.	Chapter 2: Permit Regulations for Discharges to Wyoming Surface Waters Search NPDES and select Environmental Quality then Water Quality, Chapter 2: Permit Regulations for Discharges to Wyoming Surface Waters	Follows Federal with additional requirements.

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