M1L2NPDES

Module I

Lesson Two: NPDES Stormwater Permit Program

NPDES Permit Issuing and Implementation

Most states have been authorized to administer the NPDES stormwater program, as described in the map on the right. The authority of States includes implementing State NPDES Permit Program, Regulate Federal Facilities, Pretreatment Program, General Permits Program, and Biosolids (Sludge) Program. The process of authorization includes a public review, comment period, and a public hearing. The EPA acts in an oversight role, providing review and guidance for the state's program. Under certain circumstances (e.g., objection to a permit, failure to enforce), the EPA may determine that the state action is insufficient and may issue its own permit. Click here to view the specific approval status of each state.

Currently, Alaska, the District of Washington, Idaho, New Hampshire, New Mexico, Massachusetts, and US territories are not authorized by the EPA to implement NPEDS program. The EPA regional offices remain the authorities to issue permits, take all the enforcement actions, conduct inspections, and do monitoring visits as necessary for these states, tribes, or territories.

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Regardless of who is the permitting authority, all draft permits must be made available for at least a 30-day public review and comment period. If the public expresses sufficient interest during the comment period or if issues require clarifications, a public hearing may be scheduled. After a final permit has been issued, stakeholders still have access to administrative (state or EPA) or judicial (courts) appeal processes.

All permits state their issuance and expiration date. In accordance with the CWA, permit terms may not exceed 5 years. The EPA's regulations require that permit applications be submitted to the permitting authority 180 days prior to discharge (if a new discharger) or permit expiration (if already an NPDES permit holder).

Click here to access stormwater management resource such as the stormwater management manual and NPDES permit application from the EPA Regions and States' websites.