Clean Water Act

California State Water Board Issues Section 401 Certification for Corps Regional General Permit 5 (Energy Emergency Activities)

In May 2026 the California State Water Board adopted a Section 401 certification order for the U.S. Army Corps of Engineers Regional General Permit 5, setting strict impact limits and conditions for energy and critical minerals projects that discharge dredge or fill material to waters in the Sacramento District. Once the Corps issues RGP 5, eligible pipeline, transmission, transportation and bank-stabilisation works will have an expedited but tightly constrained route to authorisation, so project sponsors should assess whether their activities fit the new thresholds, exclusions and reporting obligations or require individual certification instead.

24 May 2026, 21:38waterboards.ca.govUnited States

Kansas KDHE Issues Public Notice on Draft Water Pollution Control Permits (21 May 2026)

The Kansas Department of Health and Environment has issued a 21 May 2026 public notice listing draft Kansas and federal water pollution control permits and applications, with a public comment deadline on 20 June 2026. Affected feedlots and industrial dischargers must review proposed permit and Nutrient Management Plan conditions now so any concerns about discharge and land-application requirements can be raised before KDHE finalises these NPDES and state permits.

23 May 2026, 19:28kdhe.ks.govUnited States

US House Draft FY27 Interior and Environment Bill Would Cut EPA Funding by Nearly 20%

In May 2026, the US House Interior and Environment Appropriations Subcommittee chair outlined a draft FY27 spending bill that would cut EPA funding by nearly 20% while maintaining major water-infrastructure grants, tribal health and education funding, and expanded support for domestic energy and critical minerals. If enacted, this package would tighten resources for EPA regulatory programmes even as it prioritises state and tribal water projects, wildland firefighting, and resource extraction, signalling potential medium-term shifts in US environmental enforcement capacity and policy direction.

23 May 2026, 11:16appropriations.house.govUnited States

US DOJ Seeks Comment on Proposed Modification to Clean Water Act Consent Decree for Fort Smith, Arkansas

In May 2026, the US Department of Justice proposed modifying a 2015 Clean Water Act consent decree with the City of Fort Smith, Arkansas, extending its term into 2038 and revising sewer rehabilitation milestones and funding obligations. The extended timeline and new requirements signal sustained federal scrutiny of municipal wastewater compliance under the Clean Water Act and give local stakeholders a short window to comment before the settlement terms are finalised.

23 May 2026, 11:15public-inspection.federalregister.govUnited States

US EPA Seeks Comment on Renewal of Wastewater Laboratory Performance Evaluation ICR

EPA has opened a 60-day comment period on renewing its information collection for performance evaluation studies of wastewater laboratories under the NPDES DMR-QA programme, with comments due 20 July 2026. The renewal would maintain existing proficiency-testing and reporting obligations for major and selected minor wastewater dischargers, so affected operators should review the burden estimates and consider whether to comment but should not expect immediate new chemical monitoring requirements.

23 May 2026, 09:14federalregister.govUnited States

Alabama ADEM Proposes Reissuance of NPDES MS4 General Permit ALR040000

The Alabama Department of Environmental Management has issued a 20 May 2026 public notice proposing to reissue NPDES General Permit ALR040000 for stormwater discharges from regulated small municipal MS4s across the state. Covered municipalities and other MS4 operators should review the draft permit conditions and submit any technical comments within the 30-day window, as the renewed general permit will set future stormwater management and Clean Water Act compliance obligations in Alabama.

22 May 2026, 18:58adem.alabama.govUnited States

California State Water Board Opens Comment Period on Basin Plan Amendment Revising Nutrient TMDLs for Lake Elsinore and Canyon Lake

The California State Water Board has opened a public comment period on approving a Basin Plan amendment that replaces the 2004 nutrient TMDLs for Lake Elsinore and Canyon Lake with new phased 2024 TMDLs and updated load allocations. The revision tightens long-term phosphorus and nitrogen limits for municipal stormwater, agriculture and recycled-water dischargers, signalling significant future investment in watershed controls, in-lake projects and permit changes across the San Jacinto River watershed.

22 May 2026, 18:53waterboards.ca.govUnited States

California Water Boards Publish CWA 401 Notice for Boxtree Drive Pole and Anchor Removal Project

California Water Boards have opened a Clean Water Act Section 401 public notice for Southern California Edison’s Boxtree Drive pole and anchor removal project in Los Angeles County, with comments due by 10 June 2026. This consultation gives utilities and local stakeholders a short window to raise water quality and wetlands concerns around this small but regulated infrastructure activity.

21 May 2026, 06:36waterboards.ca.govUnited States

Minnesota MPCA Seeks Comment On Draft 2026 Impaired Waters List

The Minnesota Pollution Control Agency has released the draft 2026 impaired waters list and related guidance, opening a public comment period on changes to impaired water designations and statewide mercury TMDL provisions through 22 July 2026. These updates will shape future Clean Water Act compliance expectations and restoration priorities for dischargers and water‑resource managers in Minnesota, so stakeholders should quickly review the draft list for affected waterbodies and prepare any data or comments before the deadline.

20 May 2026, 19:56pca.state.mn.usUnited States

US FERC Sets One-Year Clean Water Act Section 401 Certification Deadline for Maine Hydropower Project

FERC has set a one-year deadline, until 13 January 2027, for Maine’s environmental regulator to act on a Clean Water Act section 401 water quality certification request for the R.J. Fortier hydropower project. This project-specific step applies existing Clean Water Act rules rather than changing them, but it fixes the point at which certification is deemed waived and the hydropower licensing can move forward without further state water quality review.

20 May 2026, 10:14federalregister.govUnited States

US Senate Introduces S. 4475 To Overhaul NEPA And Clean Water Act Permitting

In April 2026, a US Senate bill (S. 4475, the Unlock American Energy and Jobs Act of 2026) was introduced to rewrite key permitting and judicial review provisions in the Clean Water Act, NEPA, the Natural Gas Act, and nuclear licensing law. If enacted, it would significantly shorten environmental review and litigation timelines, constrain state and federal discretion over water-quality and NEPA decisions, and accelerate approvals for pipelines, LNG terminals, and nuclear power projects without adding new pollutant standards or reporting duties.

20 May 2026, 09:59govinfo.govUnited States

Montana DEQ Issues Tentative Clean Water Act 401 Certification for BNSF Bowdoin Siding & Malta Crossover — Comments Due 18 June 2026

Montana’s Department of Environmental Quality has issued a tentative Clean Water Act Section 401 water quality certification for Burlington Northern Santa Fe Railway’s Bowdoin Siding and Malta Crossover project near Malta, with public comments due by 18 June 2026. This signals that the rail expansion is likely to proceed subject to final conditions, so infrastructure and environmental teams should factor potential wetland impacts, mitigation obligations, and construction constraints into permitting and project timelines.

20 May 2026, 07:12deq.mt.govUnited States

US FERC Sets One-Year Deadline for Virginia DEQ Clean Water Act Section 401 Certification on Dominion Energy Project

US FERC has set a one-year window, until 4 May 2027, for the Virginia Department of Environmental Quality to act on Dominion Energy’s Clean Water Act section 401 water quality certification request for a Virginia power project. This fixes the critical path for state water-quality sign-off: if Virginia DEQ does not grant or deny certification by that date, it will be deemed waived, potentially accelerating FERC’s project licensing and related federal approvals.

19 May 2026, 21:17federalregister.govUnited States

US District Court Denies New Trial in Clean Water Act Stormwater Runoff Case

A US federal court has denied a motion for a new trial in a Clean Water Act stormwater case, upholding a jury verdict that found no pollutant discharge or functional-equivalent discharge from a Georgia development into nearby surface waters. The decision reinforces that whether rainwater is a CWA pollutant and whether runoff via groundwater reaches waters of the United States remain highly fact-specific, increasing the premium on documented sediment controls and clear hydrological evidence in future enforcement and citizen suits.

18 May 2026, 17:45govinfo.govUnited States

North Dakota DEQ Opens Public Comment on Draft NDPDES Permit for Cargill Corn Milling (Progold)

North Dakota regulators have opened a 16 May–15 June 2026 public notice period on a draft NDPDES wastewater discharge permit reissuance for the Cargill Corn Milling (Progold) facility near Wahpeton. The reissued permit will define updated discharge conditions under the state’s NPDES programme, so facility environmental and operations teams should review the draft documents and decide whether to submit comments before the deadline.

18 May 2026, 17:34ceris.deq.nd.govUnited States

California Assembly Appropriations Committee Advances AB 2777 on Water Reuse and Clean Water Loans

In May 2026, the California Assembly Appropriations Committee advanced AB 2777, which would revise State Water Pollution Control Revolving Fund loan terms and clarify when recycled water runoff may enter outdoor eating areas. If enacted, water and wastewater utilities and recycled water operators in California would face more flexible but potentially higher financing charges and a sharper definition of acceptable incidental runoff near public dining areas, warranting early review of funding strategies and irrigation designs.

15 May 2026, 17:44leginfo.legislature.ca.govUnited States

Texas TCEQ Proposes Produced Water Reuse Amendments to 30 TAC §210.54

In May 2026, TCEQ proposed amendments to 30 TAC §210.54 to allow produced water meeting specified federal effluent guideline categories to be authorised for reuse as industrial reclaimed water, implementing Texas Senate Bill 1145 on produced water permitting. If adopted, the rule would expand options for beneficial reuse of treated produced water in Texas while reinforcing permitting, treatment and siting requirements that oil and gas operators and industrial water users must integrate into their long-term water and sustainability planning.

15 May 2026, 16:17sos.state.tx.usUnited States

US EPA Proposes Revisions to Steam Electric Effluent Guidelines for Unmanaged Combustion Residual Leachate

In May 2026 the US Environmental Protection Agency proposed revising the steam electric effluent guidelines so that controls on unmanaged coal combustion residual leachate shift from uniform national limits to site-specific, best-professional-judgment determinations for most groundwater-driven discharges, while retaining mercury and arsenic limits for pumped leachate. If finalised, this would significantly reduce compliance costs and give coal-fired power plants and NPDES permit writers more flexibility in how they manage coal-ash leachate, so utilities, regulators, and large industrial power users should monitor the rulemaking, consider commenting, and reassess long-term wastewater and permitting strategies under the Clean Water Act.

15 May 2026, 16:11epa.govUnited States

US District Court (E.D. Virginia) Receives Response Opposing EPA Motion to Dismiss PFAS Impaired-Waters Suit

Wild Virginia has filed a detailed brief opposing EPA's attempt to dismiss its Clean Water Act and Administrative Procedure Act lawsuit over EPA's approval of Virginia's 2024 impaired-waters list and treatment of PFAS-contaminated segments in the Middle Chickahominy River watershed. If the challenge succeeds, EPA could be forced to revisit PFAS impairment and TMDL decisions for Virginia's waters, signalling potential broader expansion of PFAS-impaired water designations and remediation obligations.

15 May 2026, 15:26courtlistener.comUnited States

California State Water Board Seeks Comment on Draft Section 401 Water Quality Certification for New Bullards Bar Dam ARC Spillway Project

In May 2026 the California State Water Resources Control Board released a draft Clean Water Act section 401 water quality certification for Yuba County Water Agency’s New Bullards Bar Dam Atmospheric River Control Spillway Project, with public comments due by 5:00 pm on 28 May 2026. If adopted, this certification will lock in detailed flow, monitoring, erosion control, habitat protection, and reporting conditions for the new spillway, shaping how hydropower and water-supply operators plan construction, flood-control operations, and compliance with California and federal water quality requirements.

15 May 2026, 15:24waterboards.ca.govUnited States