The 1972 amendments to the Federal Water Pollution Control Act (known
as the Clean Water Act or CWA) provide the statutory basis for the National Pollutant Discharge Elimination System (NPDES) permit program and the basic structure for regulating the
discharge of pollutants from point sources to waters of the United
States. Section 402 of the CWA specifically required EPA to develop and
implement the NPDES program.
The CWA gives EPA the authority to set effluent limits on an
industry-wide (technology-based) basis and on a water-quality basis that
ensure protection of the receiving water. The CWA requires anyone who
wants to discharge pollutants to first obtain an NPDES permit, or else
that discharge will be considered illegal.
The CWA allowed EPA to authorize the NPDES Permit Program to state
governments, enabling states to perform many of the permitting,
administrative, and enforcement aspects of the NPDES Program. In states
that have been authorized to implement CWA programs, EPA still retains
oversight responsibilities.
- U.S. Environmental Protection Agency