Notification of Consultation and Coordination on Proposed Updates to the National Pollutant Discharge Elimination System (NPDES) Definitions and Exclusions Rulemaking – Ends Oct 19

Sep 4, 2026 | Comment and Consultation

Webinar Sept 29 at 3:00 PM Eastern

Microsoft Teams Webinar Link: https://teams.microsoft.com/meet/226662310515817?p=g8xtTxCOms0ncnTg4a

Meeting ID: 226 662 310 515 817

Passcode: W6Hy7qb3

The U.S. Environmental Protection Agency (EPA) is initiating consultation and coordination with federally recognized Indian Tribes on the proposed Updates to the National Pollutant Discharge Elimination System (NPDES) Definitions and Exclusions Rulemaking. EPA proposes to revise a regulatory definition under the Clean Water Act permitting regulations pertaining to discharges in the contiguous zone and ocean. The proposal would revise the regulatory definition of “discharge of a pollutant” at 40 CFR 122.2 to align with the statutory exclusion in Clean Water Act section 502(12), 33 U.S.C. 1362(12), of vessels and other floating craft that add pollutants in the contiguous zone or the ocean from the definitions of “discharge of a pollutant” and “discharge,” and therefore from NPDES program requirements. The proposed rule would also make conforming and clarifying changes to the NPDES regulatory exclusion for vessels and other floating craft at 40 CFR 122.3.

EPA’s anticipated timeline for the consultation and coordination period is expected to extend for 45 days from September 4, 2026, through October 19, 2026.

The consultation and coordination plan for this action includes a description of the action under consultation and the process EPA intends to follow, including a timeline for the consultation and coordination period and information on how you can provide input on this action. This information is available on EPA’s Tribal Consultation Opportunities Tracking System (TCOTS) at https://tcots.epa.gov.

The official EPA contact person for this consultation and coordination process is Kenda Conley with the Office of Wastewater Management. Please do not hesitate to contact Ms. Conley by email at conley.kenda@epa.gov or by phone at 202-564-0306 should you have any questions about this action, to request government to government consultation, or if you would like to request alternate arrangements to the process outlined in the consultation and coordination plan.