Updates to the National Pollutant Discharge Elimination System (NDPES) Definitions and Exclusions (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
7830ss01.docx	Supporting Statement A	Uploaded 2026-09-03	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
282324	See Supporting Statement for Burden Reductions Associated with this Rulemaking		New

ICR Details

OMB Control No:	ICR Reference No: 202609-2040-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OW	Agency Tracking No: 7830.01
Title: Updates to the National Pollutant Discharge Elimination System (NDPES) Definitions and Exclusions (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 09/04/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	79	0
Time Burden (Hours)	0	0
Cost Burden (Dollars)	0	0

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Abstract: This Information Collection Request covers the burden associated with EPA’s proposed rule to update the National Pollutant Discharge Elimination System (NPDES) definitions and exclusions. The proposal would revise the regulatory definition of “discharge of a pollutant” to align with the Clean Water Act’s (CWA) definition of “discharge of a pollutant” or “discharge.” The regulatory definition would be updated to reflect the statutory exclusion of vessels and other floating craft that add pollutants in the contiguous zone or the ocean 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. The result of the proposed rule, if finalized, 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 NPDES permit authorization.

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Authorizing Statute(s): US Code: 33 USC 1251 Name of Law: Clean Water Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2040-AG56	Proposed rulemaking	91 FR 56819	09/04/2026

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
See Supporting Statement for Burden Reductions Associated with this Rulemaking

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ICR Summary of Burden

table that charts list of burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	79	0	0	79	0	0
Annual Time Burden (Hours)	0	0	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/04/2026

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