Who needs an NPDES permit to discharge pollutants into US waters? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
The NPDES program, implemented under sections 318, 402, and 405 of the Clean Water Act (Public Law 92-500, 33 U.S.C. 1251 et seq.), requires permits for pollutant discharges from point sources into waters of the United States. Part 122 contains the basic EPA permitting requirements, while Parts 123 and 124 address state program approval and permit processing procedures.
Numbers & thresholds
| Category | Source | Trigger |
|---|---|---|
| Permit required | 40 CFR 122.1(b)(1) | Discharge of "pollutants" from any "point source" into "waters of the United States" |
| Key definitions | 40 CFR 122.2 | Defines "pollutant," "point source," "waters of the United States" |
| Treatment works | 40 CFR 122.1(b)(2) | Owners/operators of any treatment works treating domestic sewage |
| Designation window | 40 CFR 122.1(b)(3) | 180 days to apply after Regional Administrator designation |
| Excluded terms in 122/124 applicability | 40 CFR 122.1(a)(5) | Signal phrase: "Applicable to State programs, see § 123.25" |
| Effective amendments | 40 CFR 122.1 | 65 FR 30904 (May 15, 2000); 72 FR 11211 (Mar. 12, 2007); 84 FR 3336 (Feb. 12, 2019) |
Exceptions & edge cases
Under 40 CFR 122.1(b)(2), a treatment works treating domestic sewage is exempt from NPDES permitting only if all section 405(d) CWA requirements applicable to it are included in a permit issued under Subtitle C of the Solid Waste Disposal Act, Part C of the Safe Drinking Water Act, the Marine Protection, Research, and Sanctuaries Act of 1972, the Clean Air Act, or an approved State program deemed adequate by the Administrator. The Regional Administrator may also designate any person subject to sewage sludge standards as a treatment works treating domestic sewage where a permit is needed to protect public health and the environment. Nothing precludes more stringent state regulation under Parts 122, 123, or 124.
Sources
- [1]U.S. Government Publishing Office / Environmental Protection Agency — 40 CFR 122.1 — NPDES permit program — purpose and scope of water discharge permits · as of 2026-08-27
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