vvEPA Public Participation in the NPDES
United States
Environmental Protection -n	• t T
Agency	Permit Issuance Process
Water pollution can degrade our surface waters, making
them unsafe for drinking, fishing, swimming and other
activities. The Environmental Protection Agency's
(EPA's) National Pollutant Discharge Elimination
System (NPDES) permit program, created in 1972 by the
Clean Water Act, helps address water pollution by
regulating point sources that discharge pollutants into
waters of the United States There are a number of
opportunities for the public to participate at various points
during the permit issuance process. This fact sheet
outlines the NPDES per-mitting process, highlighting
opportunities for public in-volvement.
The NPDES Permit Issuance Process
Step #1: Permit Application Submission:
NPDES permits are issued by the EPA or authorized
states. In most cases, the NPDES permit program is car-
ried out by authorized states, but the EPA is the permitting
authority in four states (Massachusetts, New Hampshire,
New Mexico, and Idaho) and for certain discharges in
other states, territories, and Indian Country.
Individual Permits: For individual permits, the NPDES
permitting process begins when the operator of a facility
seeking a permit submits an NPDES permit application
to their permitting authority for a new permit, or to re-
new a permit that is close to expiring. (Permit terms are
limited to no more than five years.) After receiving the
application, a permit writer reviews it for completeness
and accuracy. When the application is complete, the per-
mit writer uses the application data and other informa-
tion to develop the draft permit and the justification for
the permit conditions.
General Permits: For general permits, the NPDES per-
mitting process begins when the permitting authority
decides to issue the permit to cover a group of discharg-
ers with similar qualities (for example, similar industrial
process or materials used) within a given geographical
location. In order to obtain coverage under a permit,
each facility in that group is generally required to submit
a notice of intent (NOI) to be covered under the general
permit. In some cases, the individual facilities are auto-
matically covered under the general permit and do not
need to submit an NOI.
How Can I Find Information on
Draft Permits?
Members of the public may review permit applica-
tions in order to familiarize themselves with permits
that may affect them. By becoming involved early
in the permitting process, you can have a greater
opportunity to prepare to provide comments on the
draft permit either in writing or at public hearings.
Individual Permits: Copies of individual per-
mit applications can be obtained from the per-
mitting authority. The permit application con-
tains useful information about the proposed dis-
charge, including outfall locations, the types and
amounts of pollutants to be discharged, and de-
scriptions of the processes taking place at the
discharging facility, as well as the contact infor-
mation for the discharging facility
General Permits: Interested members of the
public may comment on general permits. Some
general permits will also provide an opportunity
to comment on individual NOIs.
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Step #2: Notice and Comment of Proposed
Permit Action:
Once the permit writer finishes drafting the NPDES per-
mit, the permitting authority initiates a public notice pe-
riod (of at least 30 days) during which any interested per-
son may submit written comments on the draft permit and
accompanying fact sheet and/or request a public hearing
on the draft permit. The public notice and comment period
is one of the most significant opportunities for the public
to become involved in the NPDES permitting process.
Following the notice and comment period and prior to
permit issuance, the permitting authority is required to
respond to all significant comments and explain any
changes made to the draft permit. Responses to com-
ments are publicly available from the offices of the
permitting authority.
When EPA is the permitting authority, it must issue a
"response to comments" document whenever a final
permit decision is issued. A "final permit decision" is
"a decision to issue, deny, modify, revoke and reissue,
or terminate a permit."
Under federal regulations, when states or tribes are the
permitting authority, they are only required to respond
to comments when a final permit is issued. Note, how-
ever, that state law may require a response to comment
document in other situations as well.
Methods for Issuing Notice: To help publicize the
notice and comment period, the NPDES regulations
require the permitting authority to:
•	Mail a copy of the notice to people who have
joined mailing lists by submitting a written re-
quest to the permitting authority. The permitting
authority notifies the public of the opportunity to
be put on the mailing list through periodic publi-
cations in the public press and other media.
•	Publish a public notice in a newspaper in the
area to be affected by the following types of per-
mits: major individual permits, state-issued gen-
eral permits, and permits that include sewage
sludge land application plans; and
•	For EPA-issued general permits, publish a notice
in the Federal Register.
How Can I Submit Public
Comments on an NPDES Permit?
For EPA-issued general permits: Methods for
submitting comments are described in the Fed-
eral Register notice of publication of the draft
permit, but typically include the following meth-
ods:
1.	Online at http://www.re,gulations.gov
(follow online instructions for submitting
comments);
2.	Via email to ow-docket@epa.gov; or
3.	Via mail to Water Docket, U.S. Environ-
mental Protection Agency, Mail Code
28221T, 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460.
For EPA-issued individual permits: Methods
for submitting comments can be obtained from
the EPA Regional Office issuing the permit.
NPDES contact information for each Regional
Office can be found at EP A Regional Contact
Information Page.
For permits issued by states or tribes: Check
the permitting authority's website for contact
information (it may be listed under NPDES pro-
gram, Office of Water, etc.). Most states receive
comments by the same means as the EPA (online
comment database, email, or regular mail). In
addition, the NPDES website includes state pro-
gram contact information as well as information
on individual state NPDES programs.
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Process for Requesting a Public Hearing: Any inter-
ested person may request a public hearing on a draft per-
mit during the public comment period by submitting a
written statement to the permitting authority describing
the issues proposed to be raised at the hearing. A public
hearing will be held if the permitting authority finds that
there is significant public interest. The permitting author-
ity may also decide to hold a public hearing at its discre-
tion.
Public notice of a public hearing must be given at least 30
days before the hearing takes place, and may be combined
with the publi c notice of the draft permit. Scheduling a
hearing automatically extends the comment period until at
least the close of the hearing, and the comment period
may be extended by the hearing officer by announcing an
extension at the hearing.
Step #3: Permit Review, Approval, and Issu-
ance Process:
Following the notice and comment period, the permitting
authority reviews all comments and, based on an evalua-
tion of the comments, decides whether to issue the permit.
States and tribes may provide additional opportunities for
public involvement.
For permits issued by EPA instead of by a state, there are
some additional steps that may provide additional oppor-
tunities for public involvement. Public notice for these
processes often occurs concurrently with EPA's public
noti ce of the permit.
Section 401 certification - Under section 401 of the
Clean Water Act, every applicant for a federally issued
NPDES permit must provide a State Water Quality
Certification that the proposed activity will comply with
applicable provisions of the Clean Water Act, including
EPA-approved state and tribal water quality standards.
The federal permit may not be issued unless the state or
tribe provides (or waives) section 401 certification.
Section 401 requires that each state, tribe or interstate
agency issuing certifications must establish procedures
for public notice in the case of all applications for
certification and, to the extent it deems appropriate,
public hearings.
National Environmental Policy Act (NEPA) -
NEPA review applies only to EPA-issued new
source permits, and should occur at the same time as
an applicant's NPDES permit issuance process. The
administrative record for the final NPDES permit
must include any NEPA documents.
If a NEPA environmental assessment and finding of
no significant impact is prepared, a preliminary
finding is made available to the public for comment.
If a more detailed environmental impact statement
(EIS) is prepared, opportunities for public comment
are provided to scope out the issues to be addressed,
to comment on the draft EIS, and to comment on the
final EIS. Federal agencies are required to make
"diligent efforts" to keep the public informed and
involved in NEPA procedures, and provide notice to
the public of NEPA-related hearings, public
meetings, and available documents.
After the permit review and approval process, the per-
mitting authority prepares and issues the final permit.
Each person who submitted written comments must be
notified of the final permit issuance.
Step #4: Permit Appeals Process:
For EPA-issued NPDES permits, individuals who are
unsatisfied with the terms of a final permit may peti-
tion the Environmental Appeals Board to review the
permit. Generally, in order to be eligible to appeal a
permit, an individual must have either submitted com-
ments on the draft permit or participated in a public
hearing on that permit. Once any appeal to the EAB
has been resolved, the Agency's final decision may be
challenged in court.
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Enforcement & Compliance of
NPDES Permits
The public can review publicly available data about
whether a permittee is in compliance with its permit.
Many NPDES permit holders are required to monitor
and report the type and volume of pollutants that they
discharge. Monitoring results are typically reported on
Discharge Monitoring Reports (DMRs). The informa-
tion contained in DMRs, including the location of dis-
chargers, what pollutants they are discharging, and the
types and amounts of pollutants being discharged, are
all publicly available from the permitting authority.
•	EPA's website contains a Discharge Monitoring
Report (DMR) Pollutant Loading Tool which can
be used to look up information on specific dis-
charges.
•	Additional facility information is available from
EPA's Enforcement and Compliance History On-
line (ECHO) database.
Anyone adversely affected by Clean Water Act viola-
tions may bring lawsuits against alleged violators of the
Act. In cases where the state or EPA fails to take ade-
quate enforcement actions, citizens can sue for injunc-
tive relief (court orders prohibiting the pollution from
continuing), civil penalties, and attorneys' fees.
Additional Resources
For additional information on the NPDES Per-
mitting Program:
•	NPDES Permit Program Basics
•	Contact Information for NPDES State and
Tribal Programs
•	NPDES Permit Programs of Special
Interest:
•	Storm water Program
•	Concentrated Animal Feeding Opera-
tions (CAFOs) Program
•	Pesticides Program
•	Vessels Program
How Can I Report Possible
Permit Violations?
Members of the public may report permit vio-
lations or facilities that are discharging with-
out a permit.
Permit violations or emergency spills may be
reported online or via phone to the National
Response Center at 1-800-424-8802.
This document is not a rule, is not legally enforceable, and does not confer legal rights or impose legal obliga-
tions on any federal or state agency or on any member of the public. This document is intended to provide a gen-
eral summary of the opportunities for public involvement in the NPDES program While EPA has made every
effort to ensure the accuracy of this document, the provisions governing public participation in the NPDES pro-
gram are determined by statutes, regulations, or other legally binding requirements. In the event of a conflict
between the discussion in this document and any statute or regulation, this document would not be controlling.
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