EPA Proposes Updated General Clean Water Act NPDES and Construction Permits
The U.S. Environmental Protection Agency (EPA) has recently announced its proposal for the 2026 version of the National Pollutant Discharge Elimination System (NPDES) Multi-Sector General Permit (MSGP) for stormwater discharges associated with industrial activities. This new permit, once finalized, will replace the current MSGP which expires on February 28, 2026. In addition, EPA has proposed a narrow modification to its 2022 Construction General Permit for Stormwater Discharges (CGP) to expand the list of areas eligible for coverage. The agency is currently seeking public comment on both the proposed MSGP and the CGP modification.
The proposed 2026 MSGP will apply to industrial facilities from thirty different sectors in states where EPA is the NPDES permitting authority. This includes states such as Massachusetts, New Hampshire, New Mexico, and the District of Columbia. The proposed changes will also affect states that model their NPDES stormwater general permits after EPA’s MSGP. The proposed CGP modification will specifically affect construction activities in Lands of Exclusive Federal Jurisdiction.
Industrial facilities currently covered by the existing MSGP should consider engaging in public comment by February 11, 2025, to ensure a reasonable final permit is adopted that is consistent with the law and based on the best available information. Entities affected by the proposed CGP modification should also submit comments by January 13, 2025. For more information, readers can contact the authors of this article.
The proposed 2026 MSGP differs from the current MSGP in several aspects. These include considerations for stormwater control measure enhancements for major storms, revisions to the provision on water quality-based effluent limitations, and changes in monitoring requirements. The proposed permit also adds additional implementation measures (AIM) and requires facilities to conduct an inspection to identify the cause of a benchmark exceedance.
EPA is seeking public comment on all aspects of the proposed 2026 MSGP, as well as on the specific issues of 6PPD-quinone, PFAS indicator monitoring methods, benchmark monitoring for iron and magnesium, and impaired waters monitoring. In parallel, EPA has also proposed a narrow modification to the 2022 CGP, which aims to expand the list of areas eligible for coverage to include construction projects in Lands of Exclusive Federal Jurisdiction.
Interested parties can submit comments for the MSGP by February 11, 2025, and for the CGP modification by January 13, 2025. EPA plans to host informational webinars on the 2026 MSGP, and the agency’s timetable for acting on these permits may change after the new administration takes office. Ultimately, public comment is a crucial opportunity for regulated industries to provide input and help shape their stormwater permit obligations in the years to come.