[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122.31]

[Page 200]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM--Table of Contents
 
   Subpart B_Permit Application and Special NPDES Program Requirements
 
Sec. 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 Sec. Sec. 123.31 through 123.34 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 Sec. 122.32. (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 
Sec. Sec. 122.33 through 122.35. 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 Sec. Sec. 122.26(b)(14) 
or (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.

[64 FR 68842, Dec. 8, 1999]