This edition of Compliance News highlights several developments shaping the environmental compliance landscape. We begin with EPA’s recent administrative extension of the Multi‑Sector General Permit (MSGP), which provides near‑term continuity while signaling that broader changes are still ahead. Our What We’re Watching section takes a closer look at what may be coming and actions facilities can take now to stay prepared. Sign up to receive future editions of Compliance News delivered straight to your inbox.
We also share perspective on the revocation of the Endangerment Findings and EPA’s growing focus on water reuse as a key strategy for AI‑driven data centers—including EPA’s Water Reuse Action Plan (WRAP) to advance permitting of innovative water reuse technologies for data center cooling, an effort Brown and Caldwell (BC) has been supporting.
Across all of these topics, BC’s Compliance and Permitting team, along with technical specialists from across the firm, are closely tracking developments and ready to support clients as regulatory expectations continue to evolve.
Federal GHG Regulatory Landscape Shifts with EPA Endangerment Finding Revocation
On February 12, 2026, the U.S. Environmental Protection Agency revoked its 2009 Endangerment Finding, which had concluded that six greenhouse gases pose a risk to public health and welfare and formed the legal basis for regulating greenhouse gas emissions under the Clean Air Act. With this action, EPA no longer has authority to regulate greenhouse gas emissions from vehicles and engines under that framework.
Why it matters:
The revocation of the Endangerment Finding changes the federal regulatory landscape, but it does not change the underlying risks facing organizations or the expectations of investors, customers, and communities. For public‑ and private‑sector entities, the focus remains on understanding applicable local, state, and international requirements, managing climate‑related risks, and making informed investments that support long‑term resilience and performance.
EPA Looks to Water Reuse to Meet Growing Data Center Demand
In January 2026, EPA highlighted water reuse as a key strategy for meeting the rapidly growing cooling demands of AI‑driven data centers, using its Water Reuse Action Plan (WRAP) to assess how existing state reuse regulations support or limit these projects. The agency is focusing on convening states, utilities, and the technology sector, sharing case studies, and identifying regulatory or policy gaps rather than introducing new federal reuse requirements. EPA has pointed to reuse for industrial cooling as a way to reduce pressure on potable and groundwater supplies, particularly in water‑stressed regions.
Why it matters:
For public sector entities, this reinforces continued federal support for reclaimed water projects tied to economic development, with added emphasis on permitting pathways and community engagement. For private sector operators (particularly data center owners and industrial users), water reuse is increasingly framed as both a resource planning strategy and a factor in regulatory and stakeholder discussions.
A key barrier to implementation has been inconsistent state regulations for industrial cooling reuse. EPA is looking to build on precedents in Virginia and California to help guide states lacking clear reuse frameworks and streamline permitting for new industrial reuse projects.
What We're Watching
2026 Multi‑Sector General Permit (MSGP)
EPA’s 2021 MSGP expired on February 28, 2026. Because a new permit has not yet been issued, EPA has administratively continued the 2021 MSGP under the Administrative Procedure Act, allowing facilities with existing coverage to continue discharging stormwater under the current permit. EPA has not announced a timeline for reissuance. Once the new permit takes effect, existing facilities will have 90 days to submit a new Notice of Intent (NOI) to obtain coverage.
If issued as drafted, the proposed MSGP will apply to certain industrial facilities in Massachusetts, New Hampshire, New Mexico, territories (e.g., D.C.), and most Tribal lands. Remaining States authorized to implement their NPDES Programs are likely to adopt similar changes in the future.
➡️ Key Potential Changes on the Horizon
- PFAS Indicator Monitoring. The proposed MSGP introduces indicator monitoring for PFAS, which could increase compliance costs due to specialized sampling and analytical requirements. Given PFAS’ widespread presence, many facilities may be affected even without prior stormwater concerns.
- Expanded Additional Implementation Measures (AIMs). Proposed updates include new trigger events for impaired waters, a Level 1 response inspection, and a required AIM trigger event report submitted to EPA. These changes would expand documentation and reporting expectations beyond what is currently captured in Stormwater Pollution Prevention Plans (SWPPPs).
- Monitoring and Benchmark Shifts. For certain sectors, EPA is proposing to move indicator monitoring to benchmark monitoring for select industrial sectors and adjust monitoring frequencies for benchmark and impaired waters, potentially driving more frequent follow‑up actions when exceedances occur.
➡️ What Facilities Can Do Now
While the timing of the next MSGP remains uncertain, facilities should continue full compliance with the administratively continued 2021 permit and use this period to prepare for potential changes. Key actions include:
- Maintain compliance with current MSGP requirements, including inspections, monitoring, reporting, and SWPPP implementation.
- Review and pressure‑test SWPPPs to confirm they are current, complete, and positioned to accommodate new requirements.
- Assess potential impacts from proposed changes, particularly PFAS monitoring, expanded AIM documentation and reporting, and shifts from indicator to benchmark monitoring.
- Identify resource needs, including budget, staffing, and training, related to increased sampling, specialized analyses, or additional reporting.
- Plan ahead for NOI submittal, recognizing that SWPPPs will need to reflect new permit conditions before submitting a new NOI within 90 days of permit issuance.
Brown and Caldwell remains closely engaged in tracking MSGP updates and emerging regulatory signals.
Special thanks to BC co-authors Adam Ross, Rebecca Maco, and Brent Leclerc for this edition of Compliance News.
About the Author
Liz Wilson is Compliance and Permitting National Practice Leader for Brown and Caldwell. She is based in New Hampshire and has more than 20 years of environmental consulting and industry experience.