Do state-issued permits have to be the same as the EPA-issued permits for stormwater discharges from construction activities?

No. As long as they still meet their obligations under the CWA, nothing in the Act precludes a state from adopting or enforcing requirements that may be more appropriate to address discharges in their state or are more stringent or extensive than those required under NPDES regulations. Although states may issue permit requirements that differ from EPA’s, the Agency recognizes that many state-issued permits follow EPA’s permit and content. Whether EPA, a state or a tribe issues the permit, the CWA and EPA regulations require NPDES permits to include requirements that implement the technology-based effluent limitations for the construction and development industry at 40 CFR part 450. In addition, where, notwithstanding, these technology-based effluent limitations the discharge has the reasonable potential to cause or contribute to an exceedance of water quality standards, permits must contain water quality-based effluent limitations as necessary to meet those standards.

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