Data / Federal rules / 2026-18134

Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions

The Environmental Protection Agency published this proposed rule in the Federal Register on September 4, 2026. Comments closed on October 19, 2026.

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What the agency says

The U.S. Environmental Protection Agency (EPA) proposes to revise a regulatory definition under the Clean Water Act (CWA) permitting regulations pertaining to discharges in the contiguous zone and ocean. The proposal would revise the regulatory definition of "discharge of a pollutant" to reflect and faithfully implement the statutory exclusion of vessels and other floating craft that add pollutants in the contiguous zone or the ocean from inclusion in the definition of "discharge of a pollutant" or "discharge", and thus, from National Pollutant Discharge Elimination System (NPDES) program requirements. The proposed rulemaking would also make conforming and clarifying changes to the NPDES regulatory exclusion for vessels and other floating craft. The effect of these changes would be that the addition of pollutants by a vessel or other floating craft in the contiguous zone or the ocean that is not secured to the seabed would not be a discharge and would not require CWA NPDES permit authorization to add pollutants to those waters.

Key facts

Document number: 2026-18134
Type: Proposed rule
Action: Proposed rule
Agency: Environmental Protection Agency
Published: September 4, 2026
Comments due: October 19, 2026
Dates: Comments must be received on or before October 19, 2026. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the public hearing.
Docket: EPA-HQ-OW-2026-6965; FRL 13340-01-OW
Regulation ID (RIN): 2040-AG56
Code of Federal Regulations: 40 CFR 122
Topics: Environmental protection; Water pollution control
Pages: 7

The document on federalregister.gov PDF

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Everything from the Environmental Protection Agency · Rules on environmental protection · Rules on water pollution control · Published in September 2026

Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.