RAPID/Solar/Federal/Water Quality

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Federal Solar Water Quality Assessment(14-FD)

Pursuant to the Clean Water Act, the United States Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (USACE) are responsible for protecting water quality that may be affected by projects. In some cases the EPA delegates permitting authority to state agencies. Otherwise, the EPA retains administrative authority for permits that may allow for stormwater discharges during construction or the discharge of pollutants at any time during a project. Similarly, the USACE retains authority in most states to administer 404 permits for any project that discharges dredge or fill material into waters of the United States.

Stormwater Construction General Permit

Construction sites disturbing one or more acres of land or smaller sites that are part of a common plan of development or sale are required to obtain a Construction General Permit under the National Pollutant Discharge Elimination System (NPDES) as required by 40 CFR 122.26(b)(14)(x) and (b)(15). The United States Environmental Protection Agency (EPA) has authorized certain states to implement the NPDES program and issue their own permits for stormwater discharges associated with construction activities.

The EPA is the permitting authority in Idaho, Massachusetts, New Hampshire, New Mexico, and the District of Columbia. Projects in those states may require a NPDES general permit from the EPA. In addition, the EPA is the permitting authority for federal operators in Colorado, Delaware, Vermont, and Washington; and on most tribal lands.

EPA NPDES Permitting Process

For the states listed above that do not have authority to administer NPDES, the EPA administers NPDES in a uniform manner pursuant to 40 CFR 122. Developers will apply for either an individual or general NPDES permit and the EPA facilitates public notice and comment prior to issuing any permit. The EPA will not issue a NPDES permit unless the developer has obtained a 401 water quality certification from the applicable state.

404 Permit

Under Section 404 of the Clean Water Act, authorization from the USACE is required for the discharge of dredged or fill material into waters of the United States, including wetlands. 33 CFR 328.3(a) defines “waters of the United States.” Administration of the 404 program is guided by the rules and procedures in 33 CFR 320-332. Developers should initially determine if the project will cause any discharges to waters of the United States. If the project will not cause any discharges, a 404 permit is not required.

The only states responsible for administering 404 permits are Michigan and New Jersey. For projects located in any other state, the USACE administers 404 permits. Certain projects may qualify for one of the more expeditious general permits: Nationwide Permits, Regional General Permits, and Programmatic General Permits. Developers should contact the USACE district office where the project is located to ensure compliance with any district-specific requirements as part of a general permit. For projects that cannot meet the terms and conditions of a general permit require an individual permit.

More Information

Determine Which Federal Permits Apply

Use this overview flowchart and following steps to learn which federal and state permits apply to your projects.