Under the Clean Water Act “Residual Designation Authority” EPA can require permits from additional dischargers where a TMDL supports such a determination and where discharges are contributing to water quality violations. EPA’s residual designation authority is provided by Section 402(p)(2)(E) and (6) of the Clean Water Act (CWA) and promulgated by 40 CFR 122.26(a)(9)(i)(C) and (D). In Vermont and Maine, local organizations filed formal legal petitions with appropriate regulatory agencies seeking this extension on a watershed-wide basis. EPA has indicated that it intends to move forward with broader roll out to address the numerous waterways polluted as a result of stormwater runoff.
More information of stormwater permitting, stormwater regulation and compliance
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