['Water Programs']
['Water Permitting']
09/06/2024
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Each state manages construction water permitting differently. EPA authorizes many states to administer the 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 122.26 — Storm water discharges (applicable to State NPDES programs, see §123.25).
- 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
Alaska
EPA issues NPDES permits for:
federal facilities
tribal lands.
All other permits are issued by the Alaska Dept. of Environmental Conservation.
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.
Follows Federal
Arkansas
EPA has delegated authority to issue NPDES permits to the Arkansas Dept. of Environmental Quality Water Permits.
Follows Federal with additional requirements.
California
EPA issues NPDES permits for all Indian Country within the state. EPA has delegated authority to issue other NPDES permits to the Arizona Department of Environmental Quality.
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.
Follows Federal with additional requirements.
Connecticut
Connecticut has assumed the NPDES program from the federal government.
Connecticut Dept. of Emergency and Environmental Protection.
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.
Follows Federal with additional requirements.
District of Columbia
EPA issues permits for the District of Columbia
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.
Follows Federal with additional requirements.
Georgia
The Georgia Dept. of Natural Resources has the authority to run the NPDES permitting program.
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.
Follows Federal
Idaho
EPA Region 10 is responsible
NPDES permit for construction activities in Idaho until July 1, 2021.
After that date, EPA will retain the authority to issue NPDES permits for facilities on tribal lands and discharging to tribal waters.
Follows Federal
Illinois
NPDES permits are issued by the Illinois Environmental Protection Agency (IEPA) Division of Water Pollution Control .
Follows Federal with additional requirements.
Indiana
NPDES permits are issued by the Indiana Department of Environmental Management Office of Water Quality.
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.
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.
Follows Federal with additional requirements.
Kentucky
EPA administers permits on tribal lands.
All other permits are issued by the Kentucky Dept. for Environmental Protection.
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. (LPDES)
Follows Federal with additional requirements.
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
Michigan
EPA issued NPDES permits on tribal lands.
All other permits are issued by the Michigan Dept. of Environmental Quality.
Follows Federal with additional requirements.
Minnesota
EPA issues NPDES permits on tribal lands.
All other permits are issued by the Minnesota Pollution Control Agency.
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.
Follows Federal with additional requirements.
Missouri
Missouri runs its own NPDES permitting program. Missouri Dept. of Natural Resources.
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.
Follows Federal
Nebraska
EPA issues all NPDES permits on tribal lands.
All other permits are issued by the Montana Department of Environmental Quality.
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.
Follows Federal with additional requirements.
New Jersey
NPDES permits are issued by the New Jersey Dept. of Environmental Protection.
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.
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.
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.
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.
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.
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.
Follows Federal with additional requirements.
Pennsylvania
The Pennsylvania Dept. of Environmental Protection issues NPDES permits.
Follows Federal
Rhode Island
The Rhode Island Department of Environmental Protection issues all NPDES permits.
Follows Federal with additional requirements.
South Carolina
The South Carolina Dept. of Health and Environmental Control issues all NPDES permits.
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.
Follows Federal
Tennessee
The Tennessee Dept. of Environment and Conservation issues all NPDES 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.
Follows Federal
Utah
EPA issues NPDES permits on tribal lands.
All other permits are issued by the Utah Dept. of Environmental Quality.
Follows Federal
Vermont
The Vermont Dept. of Environmental Conservation issues NPDES permits.
Follows Federal with additional requirements.
Virginia
The Virginia Dept. of Environmental Quality issues NPDES permits.
Follows Federal with additional requirements.
Washington
EPA issues NPDES permits for federall-owned facilities and permits on tribal lands.
All other permits are issued by the Washington Department of Ecology.
Follows Federal with additional requirements.
West Virginia
The West Virginia Dept. of Environmental Quality issues NPDES permits.
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.
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.
['Water Programs']
['Water Permitting']
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Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.