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A manufacturing project may need an air permit, a stormwater permit, both, or neither—but you cannot determine that from the project label alone. Screen air and water separately, using the site location, emissions, industrial activities, exposed materials, discharge route, and land disturbance, then confirm the result with the authority responsible for that site. In particular, check air preconstruction authorization before construction, and check both ongoing industrial stormwater and temporary construction runoff before the relevant activities begin.
This is a U.S. screening guide, not a site-specific legal determination. EPA administers some programs, while authorized state, tribal, territorial, or local agencies administer many others; local or state rules may be more stringent than federal requirements. Without a site address and project details, no one can identify the controlling agency, exact forms, deadlines, or final coverage decision.
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How do I know if my facility needs an air permit?
Start by asking the air agency whether the project needs a preconstruction permit, an operating permit, or a source-specific authorization. These are separate checks: New Source Review (NSR) addresses construction of a new stationary source or a modification to an existing one, while Title V is an operating-permit program. A project can trigger one, both, or another applicable requirement.
EPA describes NSR as a preconstruction program requiring qualifying major and minor stationary sources to obtain a permit before beginning construction of a new source or modification. The applicable limits and requirements depend on the pollutant, emissions, area status, and the permitting program in the jurisdiction. Most NSR permits are issued by state or local air agencies, although EPA issues some permits and state programs may be EPA-approved or delegated. See EPA’s Clean Air Act Permitting System overview and NSR Basics.
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Build an emissions inventory before asking
List the stationary equipment and processes that may emit air pollutants. For a manufacturing project, that could include boilers, furnaces, engines, coating or printing lines, chemical processes, surface preparation, and material handling. The relevant sources depend on the actual facility; do not assume a process is immaterial because it is small or because emissions are not visible.
For each unit or process, assemble available information on capacity, operating schedule, fuels or materials, pollutants, control devices, and any enforceable operating limits. The agency will need emissions estimates under the assumptions that apply to the permit program. Potential emissions—not only a projection of what the facility expects to emit in an ordinary year—can matter to applicability. Ask the agency or a qualified permitting professional which assumptions and calculation methods apply rather than treating a preliminary estimate as an agency determination.
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Then ask the air agency to screen for minor NSR, Prevention of Significant Deterioration (PSD), nonattainment NSR, and any state-specific construction authorization. Major NSR can follow different pathways: PSD generally applies in areas meeting the National Ambient Air Quality Standards, while nonattainment NSR applies to relevant pollutants in areas that do not meet those standards. Area status is pollutant-specific; a location may be attainment for one pollutant and nonattainment for another. A minor-source permit may also be required even when major-source thresholds are not reached.
Do not treat an air permit as a post-construction formality. If preconstruction authorization applies, the NSR program generally requires it before construction of the new source or modification begins. Confirm with the responsible air authority what it considers construction and when an application or authorization must be in hand.
Check Title V and source-category rules separately
Title V is not a substitute for the NSR screen. EPA’s current applicability overview identifies a default major-source threshold of 100 tons per year for an air pollutant, with lower thresholds for certain pollutants in nonattainment areas. For hazardous air pollutants, the listed federal thresholds are 10 tons per year for one hazardous air pollutant or 25 tons per year combined. EPA also identifies listed source categories and other exceptions. These are federal screening values, not a complete calculation or a guarantee that a facility below them has no air-permit obligation. Consult the current EPA Title V applicability information and the jurisdiction’s rules.
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Some source-category requirements can apply to facilities that are not major sources. Accordingly, ask the agency to review the equipment and processes as well as facility-wide emissions. A project could require a minor NSR permit, a category-specific authorization, Title V, or more than one of these; the answer does not reduce to a single tons-per-year figure.
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Check two stormwater tracks independently: ongoing industrial activity and temporary construction disturbance. A facility could need industrial stormwater coverage even after construction ends, while construction coverage concerns runoff from earth-disturbing work. A single project can trigger both, and a permit for one track does not automatically resolve the other.
Screen ongoing industrial activity
Identify the facility’s industrial classification and determine whether industrial materials or activities outdoors are exposed to rain, snow, snowmelt, or runoff. EPA’s federal industrial stormwater rules cover 11 categories of industrial activity, including heavy and light manufacturing. The category and the actual activities at the site matter; “manufacturing” by itself is not enough to decide coverage. Use the EPA industrial stormwater overview, then confirm how the authorized state or other responsible agency applies its current rules.
Look beyond the production floor. Outdoor handling, storage, processing, maintenance, and other industrial activities may be relevant if materials or operations can contact stormwater. Make an inventory of outdoor areas, materials, equipment, loading and maintenance locations, waste handling, and drainage routes. Note which areas are covered or otherwise protected, and which can be reached by precipitation or runoff. The agency needs a site-specific picture, not just a facility name or industry code.
For covered discharges, determine whether EPA or an authorized state administers the NPDES program at the site. EPA says most industrial facilities obtain coverage through their state. Many operators use a general permit, although an individual permit may be appropriate based on site- or industry-specific concerns. Depending on the applicable permit, coverage commonly involves reviewing permit terms, preparing and implementing a Stormwater Pollution Prevention Plan (SWPPP), and submitting a Notice of Intent (NOI) or other application. The applicable permit controls the required documents and timing; do not assume another state’s general permit or EPA’s template is the one that governs your location. EPA’s industrial SWPPP guide explains the plan’s role.
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When can a no-exposure exclusion apply?
A conditional no-exposure exclusion may be available when industrial materials and activities are protected from precipitation by storm-resistant shelter. It is not a blanket exemption for a particular outfall or a way to exclude only the cleanest part of a site: the exclusion applies facility-wide. It also requires recertification at least every five years. If any industrial materials or activities are, or will be, exposed, the facility is not eligible for this exclusion. Review the EPA no-exposure conditions and the local certification process before relying on it.
Make the screen reflect ordinary operations and foreseeable changes, not just the site on the day of an inspection. A temporary outdoor staging area, an exposed material, or a process moved outside can affect whether the conditions remain satisfied. If conditions change, contact the permitting authority promptly to determine whether the exclusion still applies and what coverage or revised certification is required.
Check permit status, not just the permit name
Industrial stormwater permit editions and coverage status change over time. EPA’s industrial stormwater page has reported that its 2021 Multi-Sector General Permit expired on February 28, 2026, and that coverage for operators already covered before expiration was administratively continued. That statement concerns EPA-issued coverage; it does not establish the status of a state permit or determine eligibility for a new operator. Because permit transitions are time-sensitive, check the live federal or state permit page for the site and ask the authority which permit and application process currently apply.
Do I need a stormwater permit for construction?
For the general federal construction-stormwater screen, count the total disturbed area and determine where runoff goes. EPA’s Construction General Permit FAQ describes coverage as generally applying when construction disturbs one or more acres, including a smaller site that is part of a larger common plan of development or sale, and stormwater is discharged to waters of the United States. The threshold and discharge condition are a starting point, not a site-specific ruling; limited waivers or other circumstances and state or tribal requirements can change the result. Consult the EPA construction permit FAQ and the responsible jurisdiction’s current permit.
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Map the drainage path from disturbed areas to each discharge point and receiving water or storm sewer. EPA describes limited no-coverage or waiver circumstances, including situations where all runoff is captured onsite without discharge. Do not assume that a proposed pond, berm, or other control automatically satisfies a waiver condition: confirm the applicable criteria and that controls can effectively prevent discharge. State-issued construction permits may differ from or be more stringent than the federal permit, so verify the state or tribal rules as well.
Before earthwork, confirm the applicable construction permit, who must obtain coverage, and any required application or notice. The permit may also require construction-phase controls and documentation. Those details—including exact deadlines, forms, and conditions—depend on the permit edition and jurisdiction, and are not established by the general federal one-acre screen.
Do I need a stormwater permit if runoff goes into a city storm drain?
A connection to a city storm drain does not, by itself, eliminate the project’s stormwater obligations. Industrial or construction operators may have responsibilities under their own NPDES permit while the municipal separate storm sewer system (MS4) is regulated under a distinct municipal permit. The municipal permit does not substitute for facility or construction coverage.
Trace each discharge route, including any route through a municipal storm sewer, and identify the receiving water or system. Then check local ordinances, construction conditions, discharge restrictions, and inspection or documentation duties with the MS4 or local authority. EPA’s NPDES Compliance Inspection Manual, Chapter 11, describes industrial, construction, and municipal stormwater permits as distinct and complementary. A site may have local requirements in addition to its industrial or construction NPDES coverage.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Who decides which permits apply to my project?
The responsible authority depends on the project’s location and the program. EPA administers some programs directly, but many air and stormwater permitting programs are run by authorized states, tribes, territories, or local agencies. Start with the jurisdiction lookup for the site and verify the agency for each permit track; do not assume that the same office issues air and water permits or that EPA is the application destination.
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EPA’s permit-program directory is a starting point for understanding federal program responsibilities. It is not a substitute for the current state or local permit. The agency that reviews air construction authorization may differ from the agency administering NPDES stormwater coverage, and local storm-drain requirements may add another contact.
When the threshold or an exception is uncertain, request written applicability guidance from the relevant authority. Provide enough detail for a meaningful response: the site address and land status, owner and operator, process and equipment description, emissions estimates and controls, industrial classification, exposed materials and activities, total disturbance and phases, drainage map, discharge points, and receiving waters. A general description such as “factory expansion” is unlikely to resolve questions about a pollutant-specific area status, a modification, a common plan, or a discharge route.
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Use this sequence to avoid treating one permit screen as the answer to the whole project:
- Fix the project boundary and schedule. Record the street address, county, state or territory, tribal or federal land status, ownership and operator, planned construction dates, and anticipated startup. Describe whether the work is a new facility, expansion, process change, equipment replacement, or modification to an existing source.
- Find the responsible authorities. Identify the air permitting agency, NPDES authority, and relevant local stormwater or MS4 office. Confirm who administers each program at the project location.
- Ask for an air preconstruction screen. Submit the stationary-source inventory, preliminary potential-emissions estimates by pollutant, controls, and proposed enforceable limits. Ask specifically about minor NSR, PSD, nonattainment NSR, and state-specific construction authorization before starting construction.
- Ask for the separate air operating-permit screen. Provide facility-wide emissions and source-category details and ask about Title V and any applicable category-specific requirements. Do not use the Title V threshold alone to decide whether construction authorization is needed.
- Classify ongoing industrial stormwater activity. Identify the applicable industrial category, outdoor activities, exposed materials, and each drainage route. Ask whether the facility needs general or individual NPDES coverage or can qualify for the conditional no-exposure exclusion.
- Calculate construction disturbance for the whole plan. Document the total acreage, phases, common-plan relationship, runoff controls, discharge points, and receiving system. Check the applicable federal, state, or tribal construction permit and any waiver conditions before earthwork.
- Check local drainage rules as well. If runoff enters a municipal storm sewer, ask the local MS4 authority about local conditions, restrictions, and documentation duties. Do not treat a city connection as a substitute for the operator’s permit screen.
- Keep the determination and permit edition with the project record. Save agency correspondence, applications, coverage notices, approved plans, and the current permit version. Revisit the screen if processes, emissions, outdoor exposure, disturbance scope, discharge points, or ownership/operator arrangements change.
EPA resources explain the federal framework, but they cannot settle a particular project without site and process facts. Exact applicability, exemptions, fees, deadlines, permit forms, emissions calculations, and local discharge conditions remain jurisdiction- and project-specific. The reliable outcome is a documented determination from the authority responsible for each track, made against the current permit and the actual project scope.
Frequently Asked Questions
Can an existing factory air permit automatically cover a planned expansion?
No automatic assumption is safe. The air authority needs to determine whether the added equipment or process is a modification, whether emissions or enforceable limits change, and whether a new or revised authorization is required. Provide the existing permit and the proposed changes when requesting applicability guidance.
Can a project be below the Title V threshold and still need an air permit?
Yes. Title V is only one air-permit screen; minor New Source Review and source-category requirements can apply independently. Ask the air agency to review the equipment, processes, and applicable state rules, not only total emissions against the Title V thresholds.
Does one environmental permit cover both factory emissions and runoff?
The air and stormwater checks are separate regulatory tracks, and a project may need authorizations under both. Stormwater can also involve separate industrial and construction coverage, plus local MS4 conditions. Ask each responsible authority about its own program rather than expecting one permit to resolve every environmental requirement.
