National Pollutant Discharge Elimination System (NPDES)

Brigit Rollins, Staff Attorney, National Agricultural Law Center
Ann Prevas, Research Fellow, University of Maryland, Francis King Carey School of Law
 

The Clean Water Act (“CWA”) is recognized as the primary federal law regulating water pollution in the United States. The purpose of the CWA is to “restore and maintain the chemical, physical, and biological integrity” of the waters protected under the Act. 33 U.S.C. § 1251(a). To achieve this goal, the CWA prohibits any unpermitted direct discharge of pollutants into protected waterbodies. Anyone who discharges a pollutant into a protected waterbody without a National Pollutant Discharge Elimination System (“NPDES”) permit is in violation of the CWA and could face steep monetary penalties.

Although NPDES permits are part of the federal CWA which is administered by the Environmental Protection Agency (“EPA”), states are largely responsible for issuing NPDES permits. Under the CWA, states may seek authorization from EPA to administer the NPDES program within their jurisdictions. To do so, a state must submit a variety of items to EPA, including a letter from the Governor requesting authorization, a Memorandum of Agreement that will serve as the primary agreement between EPA and the state on how to implement the NPDES program, a description of the program, a statement of legal authority, and any relevant underlying state laws and regulations. After a state submits its request for authorization, EPA has 90 days to review the request before making its decision. EPA may either approve the request and grant the state authorization, or EPA can refuse the state’s request and remain in charge of the NPDES program for that state. To see the Memorandums of Agreement between EPA and states with NPDES authority, click here.

If EPA decides to grant a state NPDES permitting authority, it may grant the state authority over one or more of the NPDES program components. Those components include the state NPDES permit program, the regulation of federal facilities, the state pretreatment program, the general permits program, and the biosolids (sludge) program. The chart below shows which components of the NPDES program that each state has been authorized to carry out, the agency responsible for administering the NPDES program in each state, and the laws supporting each state’s NPDES authority. Some states have supported their NPDES authority through a single provision of their environmental code, while others have adopted entire acts to implement the permit program.

This compilation was last updated September 6, 2022.

State Individual NPDES Permit Program Federal Facilities State Pretreatment Program General Permit Program Biosolids (Sludge) Program Regulating Agency
Alabama Yes Yes Yes Yes No Alabama Department of Environmental Management
Alaska Yes Yes Yes Yes No Alaska Department of Environmental Conservation
Arizona Yes Yes Yes Yes  Yes Arizona Department of Environmental Quality
Arkansas Yes Yes Yes Yes No Arkansas Dept. of Environmental Quality Water Permits
California Yes Yes Yes Yes No  CalEPA State Water Resources Control Board NPDES Permit Program
Colorado Yes No No Yes No  Colorado Department of Public Health & Environment Water Quality
Connecticut Yes Yes Yes Yes No  Connecticut Department of Energy and Environmental Protection
Delaware Yes No No Yes No  Delaware Dept. of Natural Resources and Environmental Control
Florida Yes Yes Yes Yes No  Florida Dept. of Environmental Protection
Georgia Yes Yes Yes Yes No  Georgia Division of Environmental Protection
Hawaii Yes Yes Yes Yes No  Hawaii Department of Health 
Idaho Yes Yes Yes Yes Yes  Idaho Dept. of Environmental Quality
Illinois Yes Yes No Yes No Illinois Environmental Protection Agency
Indiana Yes Yes No Yes No Indiana Department of Environmental Management
Iowa Yes Yes Yes Yes No Iowa Dept. of Natural Resources NPDES Wastewater Permitting
Kansas Yes Yes No Yes No  Kansas Dept. of Health and Environment
Kentucky Yes Yes Yes Yes No Kentucky Energy and Environment Cabinet 
Louisiana Yes Yes Yes Yes No Louisiana Department of Environmental Quality
Maine Yes Yes Yes Yes No Maine Department of Environmental Protection
Maryland Yes Yes Yes Yes No Maryland Department of the Environment
Massachusetts Unauthorized EPA administers all components of the NPDES program
Michigan Yes Yes Yes Yes Yes Michigan Department of Environment, Great Lakes, and Energy
Minnesota Yes Yes Yes Yes No Minnesota Pollution Control Agency
Mississippi Yes Yes Yes Yes No Mississippi Dept. of Environmental Quality
Missouri Yes Yes Yes Yes No Missouri Department of Natural Resources
Montana Yes Yes No Yes No Montana Department of Environmental Quality
Nebraska Yes Yes Yes Yes No Nebraska Dept. of Environmental Quality
Nevada Yes Yes No Yes No Nevada Division of Environmental Protection
New Hampshire Unauthorized EPA administers all components of the NPDES program
New Jersey Yes Yes Yes Yes No New Jersey Department of Environmental Protection
New Mexico Unauthorized EPA administers all components of the NPDES program
New York Yes Yes No Yes No New York State Department of Environmental Conservation
North Carolina Yes Yes Yes Yes No North Carolina Department of Environmental Quality
North Dakota Yes Yes Yes Yes No North Dakota Department of Health
Ohio Yes Yes Yes Yes Yes Ohio Environmental Protection Agency 
Oklahoma Yes Yes Yes Yes Yes Oklahoma Dept. of Environmental Quality
Oregon Yes Yes Yes Yes No Oregon Department of Environmental Quality
Pennsylvania Yes Yes No Yes No Pennsylvania Department of Environmental Protection
Rhode Island Yes Yes Yes Yes No Rhode Island Department of Environmental Protection
South Carolina Yes Yes Yes Yes No South Carolina Dept. of Health and Environmental Control
South Dakota Yes Yes Yes Yes Yes South Dakota Department of Environment & Natural Resources
Tennessee Yes Yes Yes Yes No Tennessee Dept. of Environment and Conservation
Texas Yes Yes Yes Yes Yes Texas Commission on Environmental Quality
Utah Yes Yes Yes Yes Yes Utah Dept. of Environmental Quality
Vermont Yes No Yes Yes No  Vermont Department of Environmental Conservation
Virginia Yes Yes Yes Yes No Virginia Dept. of Environmental Quality
Washington Yes No Yes Yes No Washington Department of Ecology
West Virginia Yes Yes Yes Yes No  West Virginia Dept. of Environmental Protection
Wisconsin Yes Yes Yes Yes Yes Wisconsin Dept. of Natural Resources
Wyoming Yes Yes No Yes No Wyoming Department of Environmental Quality