---
kind: "section"
citation: "40 C.F.R. § 122.31"
title: "40"
number: "122.31"
heading: "As a Tribe, what is my role under the NPDES storm water program?"
url: "https://uscodex.org/cfr/40/122.31"
---

# §122.31. As a Tribe, what is my role under the NPDES storm water program?


As a Tribe you may:

- (a) Be authorized to operate the NPDES program including the storm water program, after EPA determines that you are eligible for treatment in the same manner as a State under [§§ 123.31 through 123.34](/cfr/40/123.31..123.34.md) of this chapter. (If you do not have an authorized NPDES program, EPA implements the program for discharges on your reservation as well as other Indian country, generally.);
- (b) Be classified as an owner of a regulated small MS4, as defined in [§ 122.32](/cfr/40/122.32.md). (Designation of your Tribe as an owner of a small MS4 for purposes of this part is an approach that is consistent with EPA's 1984 Indian Policy of operating on a government-to-government basis with EPA looking to Tribes as the lead governmental authorities to address environmental issues on their reservations as appropriate. If you operate a separate storm sewer system that meets the definition of a regulated small MS4, you are subject to the requirements under [§§ 122.33 through 122.35](/cfr/40/122.33..122.35.md). If you are not designated as a regulated small MS4, you may ask EPA to designate you as such for the purposes of this part.); or
- (c) Be a discharger of storm water associated with industrial activity or small construction activity under §§ [122.26(b)(14)](/cfr/40/122.26.md?p=b-14) or [(b)(15)](/cfr/40/122.26.md?p=b-15), in which case you must meet the applicable requirements. Within Indian country, the NPDES permitting authority is generally EPA, unless you are authorized to administer the NPDES program.

## Notes

### Amendments

[64 FR 68842, Dec. 8, 1999]

### Authority

Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

### Source

Source: 48 FR 14153, Apr. 1, 1983, unless otherwise noted.

### Amendments

[64 FR 68842, Dec. 8, 1999]