Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions

What it does

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.

The Environmental Protection Agency's summary, as published in the Federal Register.

What it would change

1 part of Title 40 of the Code of Federal Regulations:

40 CFR 122

Before this

No earlier Federal Register document under regulation identifier 2040-AG56 since Jan. 1, 2025.

What happens next and when

Comments must be received on or before October 19, 2026. Please refer to the SUPPLEMENTARY INFORMATION section for additional information on the public hearing.

The agency's dates, word for word.

Check it yourself

• The document in the Federal Register
• Docket EPA-HQ-OW-2026-6965 on Regulations.gov
• Title 40 on eCFR

The record as published

Source: the Federal Register (public domain). The document in the Federal Register