Water Pollution Permits: 35 States' Regulatory Control

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include industrial facilities, municipal governments, and some agricultural facilities. While the CWA is administered by the U.S. Environmental Protection Agency (EPA), it recognises the primary responsibilities of the states in addressing pollution and provides assistance to states to do so. However, it is unclear how many states have been authorised by the EPA to issue permits directly to discharging facilities, with sources citing 35 and 47 states respectively.

The Clean Water Act (CWA) is the primary federal law in the US governing water pollution

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The CWA recognises the primary responsibilities of the states in addressing pollution and provides assistance to states to do so, including funding for publicly owned treatment works for the improvement of wastewater treatment and maintaining the integrity of wetlands. The CWA was one of the United States' first and most influential modern environmental laws. Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments, though some of its provisions, such as those involving filling or dredging, are administered by the U.S. Army Corps of Engineers. The EPA has authorised 47 states to issue permits directly to the discharging facilities.

The CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. The basis of the CWA was enacted in 1948 and was called the Federal Water Pollution Control Act, but the Act was significantly reorganised and expanded in 1972. "Clean Water Act" became the Act's common name with amendments in 1972. Under the CWA, the EPA has implemented pollution control programs such as setting wastewater standards for industry. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include industrial facilities (including manufacturing, mining, shipping activities, oil and gas extraction and service industries), municipal governments (particularly sewage treatment plants) and other government facilities (such as military bases), and some agricultural facilities, such as animal feedlots. Point sources may not discharge pollutants to surface waters without an NPDES permit. Nonpoint sources are typically left to the individual states to regulate through mandatory or voluntary mandates.

The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include industrial facilities (such as manufacturing, mining, shipping activities, oil and gas extraction and service industries), municipal governments (particularly sewage treatment plants) and other government facilities (such as military bases), and some agricultural facilities, such as animal feedlots.

Point sources may not discharge pollutants to surface waters without an NPDES permit. The CWA prohibits the discharge of any pollutant from a point source into navigable waters. Nonpoint sources of pollution, such as runoff carried into water through rainfall or snowmelt, are typically left to the individual states to regulate through mandatory or voluntary mandates. The term “waters of the United States” is key to the CWA because it determines which waters are protected by the Act and which are not. Only discharges of pollutants into waters of the United States (“WOTUS”) are regulated by the CWA and require an NPDES permit.

The EPA has authorized 47 states to issue permits directly to the discharging facilities. However, it is unclear how many states are able to regulate water pollution permits. One source mentions that the EPA has reviewed differences among the states in issuing permits limiting the discharge of pollutants.

Point sources include industrial facilities, municipal governments, and some agricultural facilities

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its laws and regulations are primarily administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments. The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution.

Point sources may not discharge pollutants into surface waters without an NPDES permit. The EPA has authorized 47 states to issue permits directly to discharging facilities. However, the CWA only regulates discharges of pollutants into "waters of the United States" (WOTUS). Nonpoint sources of pollution, such as runoff carried by rainfall or snowmelt, are typically left to individual states to regulate through mandatory or voluntary mandates.

The CWA prohibits the discharge of any pollutant from a point source into navigable waters

The Clean Water Act (CWA) is the primary federal law in the United States governing water pollution. Its objective is to restore and maintain the chemical, physical, and biological integrity of the nation's waters. The CWA prohibits the discharge of any pollutant from a point source into navigable waters.

The CWA introduced the National Pollutant Discharge Elimination System (NPDES), a permit system for regulating point sources of pollution. Point sources include industrial facilities, municipal governments, and some agricultural facilities. These sources may not discharge pollutants to surface waters without an NPDES permit. The term “waters of the United States” is key to the CWA because it determines which waters are protected by the Act and which are not. Only discharges of pollutants into waters of the United States (“WOTUS”) are regulated by the CWA and require an NPDES permit.

The CWA is administered by the U.S. Environmental Protection Agency (EPA) in coordination with state governments. The EPA has authorized 47 states to issue permits directly to discharging facilities. However, there are differences in how the EPA and the states control discharges of specific pollutants. The EPA also oversees state water quality standards and policies.

Nonpoint sources of pollution, such as runoff carried into water through rainfall or snowmelt, are typically left to the individual states to regulate through mandatory or voluntary mandates. These sources do not require NPDES permits.

The Environmental Protection Agency (EPA) has authorized 47 states to issue permits directly to discharging facilities

The NPDES permit program, created in 1972 by the CWA, helps address water pollution by regulating point sources that discharge pollutants to waters of the United States. The permit provides two levels of control: technology-based limits and water quality-based limits. Under the CWA, EPA authorizes the NPDES permit program to state, tribal, and territorial governments, enabling them to perform many of the permitting, administrative, and enforcement aspects of the NPDES program. In states authorized to implement CWA programs, EPA retains oversight responsibilities.

The EPA has approved 47 states to administer all or portions of the permit program. EPA regional offices manage the program in the remaining areas of the country. The Water Quality Act of 1987 extended NPDES permit coverage to industrial stormwater dischargers and municipal separate storm sewer systems. In 2016, there were 6,700 major point source NPDES permits in place and 109,000 municipal and industrial point sources with general or individual permits.

A general permit covers a group of dischargers with similar qualities within a given geographical location. Public participation in the NPDES permit issuance process is encouraged, highlighting opportunities for public involvement.

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