Updates to the National Pollutant Discharge Elimination System Definitions and Exclusions
- Published
- Sep 4, 2026
- Comments close
- Oct 19, 2026
- Citation
- 91 FR 56819
- Docket
- EPA-HQ-OW-2026-6965, FRL 13340-01-OW
Proposed rule.
Summary
The Environmental Protection Agency (EPA) is proposing to change the definition of “discharge of a pollutant” under the Clean Water Act so that vessels and other floating craft that release pollutants while operating in the contiguous zone or the open ocean are no longer considered “discharges” for permitting purposes. The revision simply aligns the rule with the law’s existing exemption for these mobile sources, meaning that ships, barges, and similar craft that add waste or other contaminants to offshore waters will not need to obtain a National Pollutant Discharge Elimination System (NPDES) permit for those releases. The rule is issued by the EPA and primarily affects owners and operators of vessels, as well as any parties that manage or regulate offshore activities such as shipping companies, offshore oil‑and‑gas operators, and fisheries. By clarifying that offshore pollutant releases from floating craft are exempt, the agency aims to reduce administrative burden and ensure that the NPDES program focuses on discharges from stationary or seabed‑fixed sources. The proposal was published in the Federal Register on September 4, 2026 (91 FR 56819). Comments must be submitted by October 19, 2026. After the comment period closes, EPA will review the feedback, possibly revise the language, and then decide whether to finalize the amendment. If finalized, the new definition would become part of the NPDES regulations and would govern future permitting decisions for offshore vessel discharges.
AI-generated summary — verify against the Federal Register text.
Official abstract
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.
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