Which States Have their Own Stormwater Regulations?

By Brandon Kerman, July 27th, 2020

At the federal level, the National Pollutant Discharge Elimination System (NPDES), created in 1972 by the Clean Water Act, is authorized to state governments by EPA to perform many permitting, administrative, and enforcement aspects of the program – including for regulated construction and industrial stormwater discharges.

So, although the EPA holds the primary governing authority, most states are authorized to implement the stormwater NPDES permitting program.

However, the EPA remains the permitting authority in a few states, territories, and on most land in Indian Country.

So, the permitting authority depends on which state or territory you are in.

The list of states and territories that are authorized to implement the stormwater NDPES permitting program are:

  • Arizona
  • California
  • District of Columbia
  • Guam
  • Idaho
  • Massachusetts
  • Minnesota
  • Montana
  • Nevada
  • New Hampshire
  • New Mexico
  • Northern Mariana Islands
  • Oklahoma
  • Oregon
  • Washington
  • Wisconsin

. . .

You can view your state/territory’s authorization status here.

This chart provided by the EPA will provide information for your state or territory, such as areas of coverage and whether or not you have any additional permit conditions regarding a Construction General Permit (CGP) or a Multi-Sector General Permit (MSGP).

Depending on your state or territory’s permitting authority, you may be required to obtain additional permits.

If so, the chart will refer you to the correct document (CGP or MSGP), where you can find the specifications for correct BMP installation, maintenance, and compliance for your area.

If you would like to maintain stormwater compliance in your area, check out our article for how to avoid being fined for improper stormwater BMP maintenance in your state or territory.

. . .

What If My State/Territory is Not on the List?

If your state or territory does not require you to obtain any additional permits, you can just refer to the National Menu of Best Management Practices (BMPs) for Stormwater.

First released in October 2000, the menu of BMPs is based on the stormwater Phase II rule's six minimum control measures.

The EPA has found the practices listed in the menu of BMPs to be representative of the types of practices that can successfully achieve the minimum control measures.

The menu provides information regarding public education, public involvement, illicit discharge detection and elimination, construction, post-construction, and pollution prevention/good housekeeping measures.

Staying up-to-date and familiarizing yourself with this menu will keep you informed and save you a lot of hassle when it comes to the process of achieving regulatory stormwater compliance.

. . .

Got any other tips, tricks, or ways to maintain stormwater BMP compliance in your state or territory? Tweet us @BIWSafety!

Feel free to contact us at (702) 897-4906.