Skip common site navigation and headers
United States Environmental Protection Agency
National Pollutant Discharge Elimination System (NPDES)
Begin Hierarchical Links EPA Home > OW Home > OWM Home > NPDES Home > Stormwater > List of Tier 2 and Tier 3 Waters End Hierarchical Links
Basic Information
 
Municipal MS4s
 
Construction Activities
- Construction General Permit eNOI
 
Industrial Activities
- Multi-Sector General Permit eNOI
 
Road-Related MS4s
 
Menu of BMPs
 
Green Infrastructure
 
Integrated Municipal Plans
 
 
 
Stormwater Home

 

NPDES Topics Alphabetical Index Glossary About NPDES

List of Tier 2 and Tier 3 Waters

EPA’s MSGP has special requirements for discharges to waters designated by a State or Tribe as Tier 2/2.5 or Tier 3 for antidegradation purposes under 40 CFR 131.12(a). See MSGP parts 1.1.4.8 and 2.2.3 (PDF) (51 pp, 793K).

The list below is provided as a resource for industrial dischargers who must determine whether they discharge to a Tier 2/2.5 or Tier 3 water. Only Tier 2/2.5 or Tier 3 waters specifically identified by a water quality standard authority (e.g., a State, Territory, or Tribe) are identified in the table below. Many authorities evaluate the existing and protected quality of the receiving water on a pollutant-by-pollutant basis and determine whether water quality is better than the applicable criteria that would be affected by a new discharge or an increase in an existing discharge of the pollutant. In instances where water quality is better, the authority may choose to allow lower water quality, where lower water quality is determined to be necessary to support important social and economic development. Permittees are not required to identify those waters which are evaluated on an individual basis.

Permit Number

Areas of Coverage/Where EPA Is Permitting Authority

MAR050000

Commonwealth of Massachusetts , except Indian Country lands

Tier 2 and Tier 2.5 waters are identified and listed in 314 CMR 4.06 Basin Classification. (314 CMR 4 can be found at DEP's web page at http://www.mass.gov/dep/service/regulations/314cmr04.pdf (PDF) Exit EPA Site)

Tier 2

Tier 2 waters are listed as “high quality waters” on the website:

http://www.mass.gov/dep/water/laws/tblfig.pdf (PDF) Exit EPA Site

Tier 2.5

Tier 2.5 waters are listed as “outstanding resource waters” on the website:

http://www.mass.gov/dep/water/laws/tblfig.pdf (PDF) Exit EPA Site

NHR050000

State of New Hampshire

Tier 2/2.5

There is no list of Tier 2/Tier 2.5 waters. New dischargers should contact Thelma Murphy (EPA Region 1’s stormwater coordinator) at murphy.thelma@epa.gov.

Tier 3

Env-Ws 1708.05(a) Surface waters of national forests and surface waters designated as “natural” under RSA 483:7-a, I shall be considered outstanding resource waters (ORW). “Natural waters” are listed at http://www.gencourt.state.nh.us/rsa/html/L/483/483-15.htm Exit EPA Site. Surface waters of national forests are not included in an official list. For further questions, new dischargers should contact Thelma Murphy (EPA Region 1’s stormwater coordinator) at murphy.thelma@epa.gov.

PRR050000

Commonwealth of Puerto Rico

Tier 3

Tier III waters are those which are classified as either Class SA or Class SE. Class SA waters are defined as "Coastal waters and estuarine waters of high quality and/or exceptional ecological or recreational value whose existing characteristics shall not be altered, except by natural causes, in order to preserve the existing natural phenomena." Class SA waters include bioluminiscent lagoons and bays such as La Parguera and Monsio José on the Southern Coast, Bahía de Mosquito in Vieques, and any other coastal or estuarine waters of exceptional quality of high ecological value or recreational which may be designated by Puerto Rico, through Resolution, as requiring this classification for protection of the waters. Class SE waters are defined as "Surface waters and wetlands of exceptional ecological value, whose existing characteristics should not be altered in order to preserve the existing natural phenomena." Class SE waters include Laguna Tortuguero, Laguna Cartagena and any other surface water bodies of exceptional ecological value as may be designated by Puerto Rico through Resolution.

DCR050000

District of Columbia

Tier 2/2.5

Rock Creek and its tributaries and Battery Kemble Creek and its tributaries are considered Special Waters of the District of Columbia (SWDC) under its antidegradation program.

MNR05000I

Fond du Lac Band of MN Chippewa

Tier 3

Six lakes are presently identified as Tier 3: (1) Dead Fish, (2) Jaskari, (3) Miller (Mud), (4) Perch, (5) Rice Portage, (6) Wild Rice.

Grand Portage Band of MN Chippewa

Tier 2/2.5

All waters, not already classified as Tier 3, are high quality Tier 2 waters. (see Grand Portage Reservation Water Quality Standards, Section VI & VII, Pages 14-16).

Tier 3

“The portion of Lake Superior north of latitude 47 degrees, 57 minutes, 13 seconds, east of Hat Point, south of the Minnesota-Ontario boundary, and west of the Minnesota-Michigan boundary.” (see Section VII, Page 16).

WIR05000I

Indian Country lands within the State of Wisconsin, except those on Sokaogon Chippewa Community lands

Tier 3

All waters in the Sokaogon Chippewa Community (WI) are classified as Tier 3.

NMR050000

State of New Mexico

Tier 3

(1) Rio Santa Barbara, including the west, middle and east forks from their headwaters downstream to the boundary of the Pecos Wilderness; and

(2) the waters within the United States forest service Valle Vidal special management unit including:

(a) Rio Costilla, including Comanche, La Cueva, Fernandez, Chuckwagon, Little Costilla, Holman, Gold, Grassy, LaBelle and Vidal creeks, from their headwaters downstream to the boundary of the United States forest service Valle Vidal special management unit;

(b) Middle Ponil creek, including the waters of Greenwood Canyon, from their headwaters downstream to the boundary of the Elliott S. Barker wildlife management area;

(c) Shuree lakes;

(d) North Ponil creek, including McCrystal and Seally Canyon creeks, from their headwaters downstream to the boundary of the United States forest service Valle Vidal special management unit; and

(e) Leandro creek from its headwaters downstream to the boundary of the United States forest service Valle Vidal special management unit.

IDR050000

State of Idaho

Tier 2/3

For Tier 2 and Tier 3 waters, please consult the Idaho Integrated Report and the closest regional office of the Idaho Department of Environmental Quality.

National Pollutant Discharge Elimination System Home

Stormwater Information
Recent Additions

FAQs

Publications

Regulations

Training & Meetings

Links

Contacts

 
 Register to Receive NPDES News Alerts!  

You will need Adobe Reader to view some of the files on this page. Files are best viewed in Internet Explorer and Adobe 8.0 or higher. See EPA's PDF page to learn more.

 

Office of Water | Office of Wastewater Management | Disclaimer | Search EPA

Begin Site Footer

EPA Home | Privacy and Security Notice | Contact Us

Last updated on June 04, 2012 10:24 AM
URL:http://cfpub2.epa.gov/npdes/stormwater/antideg.cfm