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Clean Water Act Section 402 Permit, National Pollutant Discharge Elimination System (EPA)

Project Name: Responsible Agency:
Environmental Protection Agency
Agency Status: Cooperating under FAST-41
Cooperating under NEPA


The NPDES program is authorized by CWA: Section 402 (40 CFR Part 122). NPDES permits control discharges to waters of the U.S. The program ensures that discharges meet state water quality standards and other Clean Water Act requirements.  A NPDES permit is required because the applicant proposes to withdraw cooling water from and discharge pollutants to the Atlantic Ocean from one or more offshore substations.


Initial application received (Applicant Action)
Current Target Date:
Milestone Details

Ahead of this milestone, EPA recommends a pre-application meeting with the applicant prior to the milestone target date, to discuss expectations for the permit application, including information pertaining to the proposed cooling water intake structure (CWIS) in accordance with CWA Section 316(b), information required to evaluate the potential water quality impacts from the discharge of pollutants, including heat, in accordance with CWA Section 403(c) (Ocean Discharge Criteria), and monitoring/modeling information to support the permit application.

EPA will notify the applicant whether the application is complete or incomplete within 30 days from receiving the application. If incomplete, EPA will require the applicant to submit additional information necessary to make the application complete in accordance with 40 CFR 124.3(c).

Application must have all required elements, including those listed in 40 CFR 122.21.

Completed application received (Applicant Action)
Current Target Date:
Milestone Details

The milestone will be checked (on the dashboard) when a complete application is submitted by the applicant.

Once the permit application addresses all applicable requirements, EPA will send notification to the applicant confirming that the permit application is complete.  The Agency works towards a permit decision (issuance or denial) within one year. Prior to final decision, EPA offers a draft permit for public comment. The draft permit and all supporting information including the notice announcing the public comment period are made available on the EPA regional website. Relevant documents will also be uploaded to “Agency Postings” on the dashboard.

EPA authorizes discharge under Individual permit (Agency Action)
Current Target Date:
Milestone Details

The target date for this milestone is generally scheduled for the later of a) 90 days after Lead Agency’s target date for Issuance of a NEPA Record of Decision (ROD) or combined Final EIS/ROD and b) 1-year after the EPA completeness determination finding the permit application to be complete.  EPA may adjust the issuance of final decision/permit approval based on revisions to the NEPA timeline and Lead Agency’s issuance of the ROD.