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National Pollutant Discharge Elimination System
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National Pollutant Discharge Elimination System

US federal permit programme for discharges into waterways under the Clean Water Act.

The federal water permit became a brake on data centres on 9 October 2026, when Oregon's governor asked the state to stop issuing NPDES permits, and several state permits, to new or expanded sites until 1 July 2027.

Last refreshed: 18 October 2026 · Appears in 1 active topic

Key Question

Can a water discharge permit stop a data centre being built?

Timeline for National Pollutant Discharge Elimination System

#16 9 Oct

Kotek seeks pause on data-centre permits

Data Centres: Boom and Backlash
#5 1 Jun
View full timeline →

Background

The National Pollutant Discharge Elimination System is the permit programme the Clean Water Act created in 1972. It covers point sources that release pollutants into US waters: each permit licenses one facility to discharge a set amount of a pollutant into a named receiving water. The Environmental Protection Agency oversees it and has authorised 47 states and one territory to run it. In Oregon the Department of Environmental Quality issues NPDES permits under that authority, next to its own state permits for discharges to the ground.

On 9 October 2026 Governor Tina Kotek asked the department to stop granting NPDES permits, along with state water and air permits, to new or expanded data centres until July 2027. The request also reaches municipal sewage plants seeking leave to take data-centre wastewater.

Discharge permits are routine, run by the states and needed before a plant operates, so they hand governors a way to slow data centres without passing a new law. Texas Governor Greg Abbott had already told his state's environmental regulator to pause every data-centre permit.

Common Questions
What is an NPDES permit?
A permit under the National Pollutant Discharge Elimination System, created by the Clean Water Act in 1972. It licenses a facility to discharge a set amount of a pollutant from a point source into US waters.Source: US Environmental Protection Agency, About NPDES
Who issues NPDES permits?
The Environmental Protection Agency, or a state, tribe or territory it has authorised. EPA says 47 states and one territory run the programme. In Oregon, the Department of Environmental Quality issues them.Source: US EPA, About NPDES; Oregon DEQ water permits FAQ
Why did Oregon pause water permits for data centres?
Governor Tina Kotek asked DEQ on 9 October 2026 to pause NPDES and other permits for new data centres until 1 July 2027, to give time for her Data Center Advisory Committee's recommendations and reforms in the 2027 legislative session.Source: Governor Kotek, letter to DEQ, 9 October 2026
Source Material

Written with AI from Lowdown's published reporting. Not individually reviewed by an editor. Updated 18 October 2026. Editorial standards.