The Federal Water Pollution Control Act Amendments of 1972, as amended in 1977, became commonly known as the CWA. The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. It gave the United States Environmental Protection Agency (EPA) the authority to implement pollution control programs, such as setting wastewater standards for industry. The CWA also continued requirements to set water quality standards for all contaminants in surface waters. The Act made it unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions.

The CWA is the cornerstone of surface water quality protection in the United States. The statute employs a variety of regulatory and nonregulatory tools to sharply reduce direct pollutant discharges into waterways. These tools are employed to achieve the broader goal of restoring and maintaining the chemical, physical, and biological integrity of the Nation’s waters so that they can support “the protection and propagation of fish, shellfish, and wildlife and recreation in and on the water.”

In accordance with recent revisions to Chapter 2 of the Wyoming Water Quality Rules and Regulations the state program name, the National Pollutant Discharge Elimination System (NPDES), has been changed to the Wyoming Pollutant Discharge Elimination System (WYPDES). This change clarifies that the Department of Environmental Quality (DEQ) is the permitting authority within Wyoming. However, NPDES permits will continue to be issued for pre-treatment discharges and within areas of the Wind River Reservation where the EPA remains the permitting authority.

In 1990 the EPA published regulations requiring all storm water discharges associated with industrial facilities to obtain storm water discharge permits. In Wyoming, where the DEQ is the permitting authority, Chapter 2, Section 6, of the Wyoming Water Quality Rules and Regulations requires permits for storm water discharges from all construction activities disturbing 1 or more acres. The type of facility being constructed does not change the requirement to obtain permit coverage. As such, construction of oil and gas facilities requires storm water permits in the State of Wyoming.

Section 404 of the CWA requires approval prior to discharging dredged or fill material into waters of the United States, including wetlands. Any person or entity (including federal, state, and local government agencies) planning to work in waters of the United States, or dump or place dredged or fill material in waters of the United States, must first obtain a permit from the Corps of Engineers. Other federal, state, and local statues also may require permits, licenses, variances, or similar authorization. Prior to issuing a permit, the Corps must be presented with a certification from the state that the proposed project will not result in a violation of the state’s water quality standards. This is referred to as a CWA Section 401 certification and is provided by the Wyoming DEQ, Water Quality Division. Further information on the CWA can be accessed at the following two websites: