[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11909-11927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02889]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9, 122, 123, 127, 403, and 503

[EPA-HQ-OECA-2019-0408; FRL-10005-21-OECA]
RIN 2020-AA52


NPDES Electronic Reporting Rule--Phase 2 Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA published the National Pollutant Discharge Elimination 
System (NPDES) Electronic Reporting Rule (``NPDES eRule'') on 22 
October 2015. The 2015 rule required EPA and states to modernize Clean 
Water Act (CWA) reporting. The NPDES eRule included a phased 
implementation schedule. In this notice, EPA proposes postponing the 
compliance deadlines for Phase 2 implementation by three years and 
providing states with additional flexibility to request additional time 
as needed. Further, this notice proposes changes to the NPDES eRule 
that would clarify existing requirements and eliminate some duplicative 
or outdated reporting requirements. Taken together, these changes are 
designed to save the NPDES authorized programs considerable resources, 
make reporting easier for NPDES-regulated entities, streamline permit 
renewals, ensure full exchange of NPDES program data between states and 
EPA, enhance public transparency, improve environmental decision-
making, and protect human health and the environment.

DATES: Comments must be received on or before April 28, 2020. Under the 
Paperwork Reduction Act (PRA), comments on the information collection 
provisions are best assured of consideration if the Office of 
Management and Budget (OMB) receives a copy of your comments on or 
before March 30, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2019-0408, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or withdrawn. EPA 
may publish any comment received to its public docket. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Multimedia submissions (audio, video, etc.) must be 
accompanied by a written comment. The written comment is considered the 
official comment and should include discussion of all points you wish 
to make. EPA will generally not consider comments or comment contents 
located outside of the primary submission (i.e., on the web, cloud, or 
other file sharing system). For additional submission methods, the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: For additional information, please 
contact Mr. Carey A. Johnston, Office of Compliance (mail code 2222A), 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460; telephone number: 202-566-1014; or email: 
[email protected] (preferred). Also see the following website for 
additional information regarding the rulemaking: https://www.epa.gov/compliance/npdes-ereporting.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. General Information
II. Background
III. Changes to Phase 2 Compliance Deadlines
IV. Alternative Phase 2 Compliance Deadlines
V. Clarifying Edits for More Efficient Implementation and 2019 NPDES 
Updates Rule Changes
VI. Assistance to States To Implement Phase 2
VII. Statutory and Executive Order Reviews

I. General Information

A. Does this action apply to me?

    Entities potentially affected by this action include all NPDES-
permitted facilities, whether covered by an individual permit or 
general permit, industrial users located in cities without approved 
local pretreatment programs, facilities subject to EPA's biosolids 
regulations, and governmental entities that have received NPDES program 
authorization or are implementing portions of the NPDES program in a 
cooperative agreement with EPA. These entities include:

[[Page 11910]]



------------------------------------------------------------------------
           Category                  Examples of regulated entities
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Facilities seeking coverage    Publicly-owned treatment works (POTW)
 under an individual NPDES      facilities, treatment works treating
 permits, general permit, or    domestic sewage (TWTDS), municipalities,
 subject to an NPDES            counties, stormwater management
 inspection.                    districts, state-operated facilities,
                                Federally-operated facilities,
                                industrial facilities, construction
                                sites, and concentrated animal feeding
                                operations (CAFOs).
Industrial users located in    Industrial facilities discharging to
 cities without approved        POTWs and for which the designated
 local pretreatment programs.   pretreatment Control Authority is EPA or
                                the authorized state, tribe, or
                                territory rather than an approved local
                                pretreatment program.
POTWs and other facilities     Class I sludge management facilities (as
 subject to EPA's biosolids     defined in 40 CFR 503.9(c)), POTWs with
 regulations.                   a design flow rate equal to or greater
                                than one million gallons per day, and
                                POTWs that serve 10,000 people or more.
State and territorial          States and territories that have received
 governments.                   NPDES program authorization from EPA,
                                that are implementing portions of the
                                NPDES program in a cooperative agreement
                                with EPA, or that operate NPDES-
                                permitted facilities.
Tribal governments...........  Tribes that have received NPDES program
                                authorization from EPA, that are
                                implementing portions of the NPDES
                                program in a cooperative agreement with
                                EPA, or that operate NPDES-permitted
                                facilities.
Federal governments..........  Federal facilities with a NPDES permit
                                and EPA Regional Offices acting for
                                those states, tribes, and territories
                                that do not have NPDES program
                                authorization or that do not have
                                program authorization for a particular
                                NPDES subprogram (e.g., biosolids or
                                pretreatment).
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    This table is not intended to be an exhaustive list, but rather 
provides some examples of the types of entities potentially regulated 
by this action. Other types of entities not listed in this table may 
also be regulated. If you have questions regarding the applicability of 
this proposed action to a particular entity, consult the person listed 
in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the agency taking?

    EPA published the National Pollutant Discharge Elimination System 
(NPDES) Electronic Reporting Rule (``NPDES eRule'') on 22 October 2015. 
The 2015 rule required EPA and states to modernize Clean Water Act 
(CWA) reporting for municipalities, industries and other facilities. 
The rule divided implementation into two ``Phases.'' The deadline for 
Phase 1 implementation passed on December 21, 2016. The deadline for 
Phase 2 is currently December 21, 2020. Some state authorized NPDES 
programs have provided feedback to EPA on how to improve Phase 2 
implementation of the NPDES eRule and, in particular, have recommended 
changes to the schedule for Phase 2 implementation to allow both EPA 
and states sufficient time to develop and implement the information 
technology solutions necessary for electronic reporting of the Phase 2 
data (see DCN 0001 to 0009). This notice proposes a change to the 
compliance deadlines for Phase 2 implementation and other changes to 
the NPDES eRule to allow for a smoother transition from paper to 
electronic reporting for the NPDES program.

C. What is the agency's authority for taking this action?

    Pursuant to the Clean Water Act (CWA), 33 U.S.C. 1251 et seq., EPA 
promulgated the NPDES eRule, which added a new part to title 40 (40 CFR 
part 127) and made changes to existing NPDES regulations. The EPA 
promulgated the NPDES eRule under authority of the CWA sections 101(f), 
304(i), 308, 402, and 501. EPA is using the same authority to propose 
the changes in this notice. EPA notes that the Congressional 
Declaration of Goals and Policy of the CWA specifies in section 101(f) 
that ``It is the national policy that to the maximum extent possible 
the procedures utilized for implementing this chapter shall encourage 
the drastic minimization of paperwork and interagency decision 
procedures, and the best use of available manpower and funds, so as to 
prevent needless duplication and unnecessary delays at all levels of 
government.''
    Harnessing information technology that is now a common part of 
daily life is an important step toward reaching the goals of the CWA. 
EPA is promulgating this rule under the authority of CWA section 304(i) 
that authorizes EPA to establish minimum procedural and other elements 
of state programs under section 402, including reporting requirements 
and procedures to make information available to the public. In 
addition, EPA is promulgating this rule under section 308 of the CWA. 
Section 308 of the CWA authorizes EPA to require access to information 
necessary to carry out the objectives of the Act, including sections 
301, 305, 306, 307, 311, 402, 404, 405, and 504. Section 402 of the CWA 
establishes the NPDES permit program for the control of the discharge 
of pollutants into the nation's waters. EPA is promulgating this rule 
under CWA sections 402(b) and (c), which require each authorized state, 
tribe, or territory to ensure that permits meet certain substantive 
requirements, and provide EPA information from point sources, 
industrial users, and authorized programs in order to ensure proper 
oversight. Finally, EPA is promulgating this rule under the authority 
of section 501, which authorizes EPA to prescribe such regulations as 
are necessary to carry out provisions of the Act.

D. What are the incremental costs and benefits of this action?

    EPA identified only minimal incremental costs of this proposed rule 
as the overall impact of these proposed changes would be to allow 
states to more efficiently implement the NPDES eRule. EPA proposes 
postponing the compliance deadlines for Phase 2 implementation by three 
years and providing states with additional flexibility to request an 
extension if more time is necessary but with no extension allowed 
beyond December 21, 2026.
    This rule also proposes changes to the NPDES eRule that would 
clarify existing requirements and eliminate some duplicative or 
outdated reporting requirements. For example, EPA proposes to eliminate 
three data elements from the minimum set of NPDES program data 
(Appendix A to 40 CFR part 127): Reportable Noncompliance Tracking, 
Reportable Noncompliance Tracking Start Date, and Applicable 
Categorical Standards. This will reduce the costs to authorized NPDES 
programs in collecting, managing, and sharing these data. EPA also 
anticipates that the clarifications contained in this proposed rule 
will

[[Page 11911]]

help states avoid unnecessary implementation costs. For example, the 
proposed changes would make clear that the electronic reporting 
requirement for Notices of Termination (NOTs) applies only to general 
permit covered facilities (see Table 1 to Appendix A, 40 CFR part 127) 
and not to individually permitted facilities.

II. Background

    EPA published the NPDES eRule on 22 October 2015. The 2015 rule 
required EPA and states to modernize Clean Water Act (CWA) reporting 
for municipalities, industries and other facilities. That rule replaced 
most paper-based NPDES reporting requirements with electronic 
reporting. This rule converted the following paper reports to 
electronic: (1) Discharge Monitoring Reports (DMRs); (2) general permit 
reports (e.g., Notices of Intent to discharge in compliance with a 
general permit); and (3) other specified program reports. The NPDES 
eRule included a phased implementation schedule (40 CFR 127.26). Most 
states and permittees have successfully implemented Phase 1 of the 
NPDES eRule, which includes electronic submission of DMRs and the 
Federal Biosolids Annual Report where EPA is the Regulatory Authority.
    The NPDES eRule requires EPA to calculate electronic reporting 
participation rates for each authorized NPDES program six months after 
the deadline for conversion from paper to electronic submissions and 
annually thereafter [see 40 CFR 127.26(j)]. The compliance deadlines 
for Phase 1 of the NPDES eRule were 21 December 2016 and they included 
NPDES Data Groups No. 3 (Discharge Monitoring Reports or ``DMRs'') and 
No. 4 [Sewage Sludge/Biosolids Annual Program Reports, where EPA 
implements the biosolids program (40 CFR part 503)]. EPA's first three 
assessments have shown considerable progress in Phase 1 implementation 
(see DCN 0012--0014), although more work needs to be done to achieve 
the full benefits of Phase 1. Current tracking of Phase 1 
implementation is available through the ``NPDES eRule Readiness 
Dashboard.'' See: https://echo.epa.gov/trends/npdes-erule-dashboard-public.
    Electronic submission of all other reports and notices covered by 
the NPDES eRule are part of Phase 2 implementation. See Table 1 to 40 
CFR 127.16. The online ``NPDES eRule Phase 2 Implementation Dashboard'' 
provides an inventory of all general permits and program reports 
covered by the NPDES eRule. See: https://edap.epa.gov/public/extensions/eRule_Phase2/eRule_Phase2.html. This dashboard also provides 
an updated view of EPA's progress in gathering information and 
deploying NPDES electronic reporting tools for Phase 2 general permits 
and program reports (see DCN 0015).
    EPA and states are now focusing on implementing Phase 2 of the 
NPDES eRule and also continuing to work on completing Phase 1 reporting 
deadlines. EPA and states are now gathering information and deploying 
NPDES electronic reporting tools for Phase 2 reports. EPA and states 
are collaborating and sharing information through multiple workgroups. 
The EPA-state General Permit and Program Report Technical Workgroup 
focuses on the EPA Regional and state general permits and program 
reports that will use EPA's NPDES Electronic Reporting Tool (NeT) for 
Phase 2 data.
    The EPA-state NPDES Noncompliance Report (NNCR) workgroup discusses 
how to identify, categorize, sort, and display violations on the NNCR. 
This workgroup is discussing how best to implement the new NNCR 
regulations in 40 CFR 123.45. EPA held three listening sessions with 
the EPA-state NNCR workgroup to discuss updated language in 40 CFR 
123.45. States provided feedback on how to clarify the category I 
noncompliance criteria for enforcement order violations, permit 
effluent limit violations, and reporting violations. EPA incorporated 
comments and other minor clarifying text and formatting issues from 
these workgroup discussions in this proposed rule.
    EPA received letters from authorized NPDES programs on how to 
improve Phase 2 implementation of the NPDES eRule which recommended 
changes to the schedule for Phase 2 implementation to allow both EPA 
and states sufficient time to develop and implement the information 
technology solutions necessary for electronic reporting of the Phase 2 
data (see DCN 0001 to 0009). In response to the feedback from the 
states in the letters and oral communications, this notice proposes 
changes to the NPDES eRule to allow for a smoother transition from 
paper to electronic reporting for the NPDES program.
    EPA collected these changes over the past few years as EPA and 
states began implementing the NPDES eRule. These suggested changes are 
intended to clarify and streamline NPDES eRule implementation. These 
changes also update the required minimum set of NPDES program data to 
include recent changes to the NPDES program. EPA recently updated the 
NPDES permit application regulations (40 CFR 122.21) and the related 
forms with the 2019 NPDES Applications and Program Updates final rule. 
See February 12, 2019; 84 FR 3324. Taken together, these data 
standardizations and the corresponding electronic reporting 
requirements are designed to save the NPDES authorized programs 
considerable resources, make reporting easier for NPDES-regulated 
entities, streamline permit renewals (as permit writers typically 
review previous noncompliance events during permit renewal), improve 
the accuracy and completeness of NPDES program data shared with EPA 
from authorized states, ensure transparency of NPDES program data to 
the public, improve environmental decision-making, and protect human 
health and the environment.
    Finally, in a separate rulemaking, EPA has proposed to update the 
minimum set of NPDES program data (Appendix A to 40 CFR part 127) for 
the municipal separate storm sewer systems (MS4s) sector. See April 20, 
2019; 84 FR 18200. These changes to the NPDES eRule will correct 
obsolete citations and current inconsistencies with the newly modified 
MS4 Phase II regulations. See December 8, 2016; 81 FR 89320. These 
updates would not change the burden associated with complying with the 
NPDES eRule but, rather, the changes would assist permitting 
authorities and MS4 permittees in implementing NPDES electronic 
reporting. Today's proposal does not address those previously-proposed 
changes to the MS4 data elements.

III. Changes to Phase 2 Compliance Deadlines

    This notice proposes to postpone the compliance deadlines for Phase 
2 implementation of the NPDES eRule from December 21, 2020, to December 
21, 2023 (see Table 1 to 40 CFR 127.16). EPA has received feedback from 
authorized NPDES programs on how to improve Phase 2 implementation of 
the NPDES eRule. This state feedback, in particular, recommended 
changes to the schedule for Phase 2 implementation to allow both EPA 
and states sufficient time to develop and implement the information 
technology solutions necessary for electronic reporting of the Phase 2 
data (see DCN 0001 to 0009). One letter submitted by the Association of 
Clean Water Agencies (``ACWA'') noted that, ``the new deadline should 
take into consideration the resources and time EPA will need to invest 
in updating ICIS-NPDES, the resources and time EPA will need to invest 
to complete work on the NPDES Electronic Tool, known as ``NeT,'' and 
the resources and time states will then need

[[Page 11912]]

to complete their implementation of the rule given the new 
information.''
    The reason for this proposal is to allow EPA additional time to 
complete the development of electronic tools that the States may use to 
comply with the electronic reporting requirements. EPA had intended for 
these tools to be available as an option for the states to use by 
December 2020, but EPA has experienced unexpected delays since EPA 
promulgated the 2015 NPDES Rule. These delays include the modernization 
of its pre-existing electronic reporting tool for the collection of 
DMRs (called ``NetDMR'') and the switch from using a commercially 
license software platform to an open-source software platform for 
general permits and program reports (called ``NPDES Electronic Report 
Tool'' or ``NeT''). The NetDMR changes involved migrating tens of 
thousands of NetDMR users to the Agency's Central Data Exchange (CDX) 
system for account management. This simplified NetDMR account 
management for EPA, states, and NetDMR users. EPA made the switch to 
open-source software platform for NeT to lower its costs. EPA estimates 
that these tools will be available by December 21, 2023 (see DCN 0017). 
EPA has gathered basic information on all general permits and program 
reports that will use NeT (see NPDES eRule Phase 2 Implementation 
Dashboard). EPA expects to build the necessary NeT applications in 
order to meet the new Phase 2 compliance deadlines as it has already 
deployed general permit electronic reporting tools for more than 27,000 
facilities that are subject to federal or authorized state general 
permits (approximately 55% of the estimated number of facilities that 
will use NeT). An extension of the Phase 2 compliance deadlines will 
also assist states who have experienced similar challenges in 
developing the information technology infrastructure to implement 
electronic reporting tools for their general permit covered facilities.
    The following are the proposed regulatory changes that EPA is 
considering for the Phase 2 compliance deadlines:
     Change the Phase 2 compliance deadlines in Table 1 to 40 
CFR 127.16 from December 21, 2020, to December 21, 2023 for general 
permit reports and program reports.
     Change the Phase 2 compliance deadlines in the NPDES 
regulations in 40 CFR parts 122, 403, and 503. These provisions 
originated the reporting requirements.
    EPA proposes to change the Phase 2 compliance (deadline) date for 
the following NPDES reporting requirements in 40 CFR parts 122, 403, 
and 503:
     Low Erosivity Waivers (LEW)--40 CFR 122.26(b)(15)(i)(C);
     No Exposure Certifications (NOE)--40 CFR 
122.26(g)(1)(iii);
     Notice of Intent to discharge (NOI)--40 CFR 
122.28(b)(2)(i);
     Small Municipal Separate Storm Sewer System (MS4) Program 
Report--40 CFR 122.34(d)(3);
     Sewer Overflow/Bypass Event Report--40 CFR 
122.41(l)(6)(i), 122.41(l)(7), 122.41(m)(3)(i), and 122.41(m)(3)(ii);
     Medium or Large MS4 Program Report--40 CFR 122.42(c);
     CAFO Annual Report--40 CFR 122.42(e)(4);
     Notice of Terminations (NOT)--40 CFR 122.64(c);
     Significant Industrial User Compliance Reports in 
Municipalities Without Approved Pretreatment Programs--40 CFR 403.12(e) 
and (h);
     Pretreatment Program Report--40 CFR 403.12(i); and
     Biosolids Annual Report--40 CFR 503.18, 503.28, 503.48.
    In addition to moving the compliance deadlines to December 21, 
2023, EPA proposes to add a reference to the proposed alternative Phase 
2 compliance deadlines provisions at 40 CFR 127.24(e) or (f). This is 
discussed in more detail below. Other than the changes to the deadlines 
for complying with Phase 2 compliance deadlines and the addition of the 
reference to the alternative Phase 2 compliance deadlines provisions, 
EPA is not proposing any changes to the requirements in these sections 
and will not respond to any public comments on issues other than the 
dates.
    Finally, EPA regulations set the NNCR publication date at December 
21, 2021. EPA originally picked this date as it needed time to develop 
this report and that it was one year after the Phase 2 compliance 
deadlines for electronic reporting. As previously noted, EPA and states 
have made significant progress in implementing Phase 1 and EPA has held 
frequent meetings with states on how to develop the NNCR.
    EPA does not see the need to extend the NNCR publication compliance 
deadline for an additional three years, as it has some Phase 1 data 
that can be incorporated into the NNCR. EPA plans to incorporate Phase 
2 data into the NNCR as these data become available. The benefit of 
this approach would be to give EPA, states, and the public a complete 
inventory of facilities with violations based on the most currently 
available set of NPDES program data. This will help EPA and states 
identify noncompliance issues that might impact human health or the 
environment.
    However, EPA needs additional time to work with states on 
completing Phase 1 reporting and how best to categorize and display 
non-compliance in the NNCR based on Phase 1 data. In addition, EPA is 
already working with states on reducing the level of Significant Non-
Compliance with NPDES requirements using the Phase 1 data as one of its 
National Compliance Initiatives for 2020-2023.\1\ Therefore, EPA is 
proposing to delay the public release date of the NNCR by one year, to 
December 21, 2022. This date will allow EPA and states to use the new 
NNCR as EPA is making decisions on its next round of National 
Compliance Initiatives. EPA solicits comment on this proposed NNCR 
publication date.
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    \1\ See the following website for details: https://www.epa.gov/enforcement/fy2020-fy2023-national-compliance-initiatives.
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IV. Alternative Phase 2 Compliance Deadlines

    In addition to changing the Phase 2 compliance deadline, EPA is 
proposing new regulatory provisions to create additional flexibility 
for Phase 2 compliance deadlines in case they are needed. These new 
provisions respond to the requests from ACWA and other authorized NPDES 
programs for more time to develop and implement the information 
technology solutions necessary for electronic reporting of the Phase 2 
data (see DCN 0001 to 0009).
    The EPA proposes a new regulatory provision [40 CFR 127.24(e)] that 
would allow authorized NPDES programs to request additional time beyond 
December 21, 2023 to implement Phase 2 of the NPDES eRule. Under this 
provision, an authorized NPDES program would send a request for EPA to 
review and approval. This request would identify the facilities, 
general permits, program reports, or data elements for which the 
authorized NPDES program needs additional time beyond December 21, 
2023. For example, under this option a state could seek approval from 
the EPA to postpone implementation of electronic reporting for a NPDES 
general permit until an agreed-upon time after December 21, 2023, but 
no later than December 21, 2026. This waiver might be helpful if a 
state has a permit or program report that is a lower priority for 
electronic reporting (e.g., a general permit that provides coverage for 
10 or fewer NPDES-regulated entities) and for which electronic 
reporting tool development is delayed.

[[Page 11913]]

    While states may make multiple requests for compliance deadline 
extensions beyond December 21, 2023, the proposed rule would not allow 
EPA to grant extensions beyond December 21, 2026. Each alternative 
Phase 2 compliance deadline request would need to:
     Be submitted to EPA by the Director, as defined in 40 CFR 
122.2;
     Identify each general permit, program report, and related 
data elements covered by the request and the corresponding alternative 
compliance deadline(s);
     Identify each facility covered by the request and the 
corresponding alternative compliance deadline(s) (Note: This only 
applies if the request covers some but not all facilities covered by 
the relevant general permit or program report requirement);
     Be submitted at least 120 days prior to the then-
applicable compliance deadline(s) in Table 1 to 40 CFR 127.16 or a 
previously EPA approved alternative compliance deadline; and
     Provide a rationale for the delay and enough details 
(e.g., tasks, milestones, roles and responsibilities, necessary 
resources) to clearly describe how the program will successfully 
implement electronic reporting for general permit, program report, and 
related data elements covered by the request.
    EPA would review each alternative Phase 2 compliance deadline 
request to determine if it provides enough detail to accurately assess 
if the state has a reasonable plan to deploy electronic reporting by 
the requested alternative Phase 2 compliance deadline. EPA would return 
alternative Phase 2 compliance deadline requests with insufficient 
detail back to the Director within 30 days of receipt and provide 
recommendations. EPA would approve or deny each complete alternative 
Phase 2 compliance deadline request within 120 days of receipt of a 
sufficiently detailed request. EPA would provide notice to the 
authorized NPDES program of EPA's approval or denial. The authorized 
NPDES program could re-apply if the initial request were denied by EPA.
    Under the proposal, EPA could elect to deny an alternative Phase 2 
compliance deadline request and then could continue to follow the 
procedure in the existing rule for determining the initial recipient of 
electronic NPDES information (see 40 CFR 127.27). EPA must become the 
initial recipient of electronic NPDES information from NPDES-regulated 
facilities if the state, tribe, or territory does not consistently 
maintain electronic data transfers in compliance with the NPDES eRule 
[see 40 CFR 127.27(d)(2)]. EPA would update its website with each 
alternative Phase 2 compliance deadline request and the corresponding 
Agency approval or denial notice. EPA would provide updated information 
at: https://www.epa.gov/compliance/npdes-ereporting. EPA would also 
update its website and online ``NPDES eRule Phase 2 Implementation 
Dashboard'' to clearly identify the approved alternative Phase 2 
compliance deadlines for each facility, general permit report, program 
report, and related data elements by authorized NPDES program.
    EPA is also proposing a separate regulatory provision [40 CFR 
127.24(f)] that would authorize EPA to, on its own initiative, allow 
for additional time for one or more states to implement NPDES 
electronic reporting beyond December 21, 2023. Under this proposal, EPA 
could establish an alternative Phase 2 compliance deadline for 
electronic reporting and data sharing for one or more facilities, 
general permit reports, program reports, and related data elements (see 
Table 2 to Appendix A to 40 CFR part 127). Under the proposal, EPA 
could set an alternative Phase 2 compliance deadline for up to three 
years but not beyond December 21, 2026. EPA would update its website 
and online ``NPDES eRule Phase 2 Implementation Dashboard'' to clearly 
identify the alternative Phase 2 compliance deadlines for each 
facility, general permit report, program report, and related data 
elements by authorized NPDES program. Separately, EPA would provide 
notice to the one or more authorized NPDES program covered by each 
alternative Phase 2 compliance deadline through email or letters. This 
notice would include a rationale for the delay and enough details 
(e.g., tasks, milestones, roles and responsibilities, necessary 
resources) to clearly describe how EPA would successfully implement 
electronic reporting for general permit, program report, and related 
data elements covered by the extension. This additional flexibility 
would also allow more time for EPA and authorized NPDES programs to 
resolve any issues related to the sharing of Phase 2 data.

V. Clarifying Edits for More Efficient Implementation and 2019 NPDES 
Updates Rule Changes

    The following are proposed clarifying edits to the 2015 NPDES 
eRule. These changes are based on EPA and state experience over the 
past few years during NPDES eRule implementation. These proposed 
changes are intended to clarify and streamline NPDES eRule 
implementation. The last two changes also include two new data sharing 
requirements related to NAICS codes and variance requests that were 
recently added to the NPDES application forms. See the 2019 NPDES 
Applications and Program Updates Rule (February 12, 2019; 84 FR 3324).

A. Correct the Title for 40 CFR 123.45

    EPA proposes to delete ``by the Director'' in the title for this 
section. EPA proposes this deletion as the NPDES eRule eliminated the 
previous noncompliance reports that were authored by state NPDES 
programs and replace them with one noncompliance report (i.e., NPDES 
Noncompliance Report or ``NNCR''). The NNCR is authored by EPA rather 
than any state ``Director.''

B. Provide Greater Clarity and Specificity for the NNCR Category I 
Noncompliance Definitions

    The NPDES eRule also eliminated state noncompliance reporting 
[e.g., Quarterly Noncompliance Report (QNCR), Annual Noncompliance 
Report (ANCR)] and required EPA to produce a public inventory of NPDES 
violations (called the NPDES Noncompliance Report or ``NNCR''). The 
NPDES eRule also revised and update the violation classification 
definitions to specifically identify Category I violations with all 
other violations as Category II violations. EPA proposes the following 
changes to the NNCR Category I violation classification definitions, 
which are listed at 40 CFR 123.45(a)(2). EPA regulatory:
     Re-order the violation categories to better match the 
order EPA previously used in the pre-2015 version of 123.45 for the 
Category I noncompliance definitions;
     Correct the label and definition used for violations of 
administrative or judicial enforcement orders;
     Correct the label for permit effluent limit violations;
     Clarify the definition of Category I noncompliance for 
reporting violations; and
     Clarify the text in Appendix A to 40 CFR 123.45 and update 
the formatting to correctly show labels and groups of pollutants.
    EPA solicited feedback from the EPA-state NNCR workgroup on these 
proposed changes. EPA received feedback from states that it would be 
helpful to re-order the noncompliance categories to better match the 
order EPA used prior to promulgating the 2015 NPDES eRule. States also 
provided feedback to EPA that several NNCR Category I definitions 
should be clarified and refined. States suggested

[[Page 11914]]

that EPA change ``Compliance schedule violations'' to ``Enforcement 
order violations,'' as this category of violations relates to 
violations of ``any requirement or condition in administrative or 
judicial enforcement orders, other than compliance construction 
violations and reporting violations.'' This proposed change would 
remove the word ``permit'' from this definition as these types of 
violations are not related to permit requirements. EPA is proposing to 
change the label ``Effluent limits'' to ``Permit effluent limits'' as 
this category of violations only relates to violations or effluent 
limits that are in NPDES permits.
    States also suggested deleting the word ``complete'' in the 
``Reporting violations'' violation category. Some states indicated that 
this definition could be interpreted to mean that the submission of an 
incomplete report could trigger Category I noncompliance (e.g., failure 
to report one value on a DMR as opposed to the entire DMR). EPA 
proposes to delete the word ``complete'' to make clear that a Category 
I reporting violation only occurs when an NPDES-regulated entity fails 
to file an entire report within the appropriate reporting period.
    EPA is retaining in the NNCR the identification of Category I 
reporting violations for facilities that do not provide the required 
data for an entire DMR but instead report a noncompliant reason for not 
providing these data. An example of this kind of noncompliance is when 
a facility fails to conduct any sampling or analysis during the 
reporting period as required by its NPDES permit. The facility would 
use the DMR form to report this noncompliance to the authorized NPDES 
program. These noncompliant reasons at the DMR form level will continue 
to be classified as Category I noncompliance reporting violations.
    States also requested more clarity on the type of reporting 
violations that would always trigger Category I noncompliance. EPA is 
proposing to retain the 30-day grace period and list the reports that 
must be filed within 30 days: (1) Final compliance schedule progress 
reports; (2) Discharge Monitoring Reports [see 40 CFR 122.41(l)(4)(i)], 
and (3) program reports [see 40 CFR 127.2(f)]. These reports are 
critical compliance monitoring information and closely align with NPDES 
eRule (see Table 1 to 40 CFR 127.16). EPA is also retaining violations 
of the twenty-four reporting and five-day reporting NPDES requirements 
[see 40 CFR 122.41(l)(6)] in the ``Reporting violations'' violation 
category as these reporting violations relate to ``noncompliance which 
may endanger health or the environment.'' States also provided feedback 
that they would like the ability to use their discretion to identify 
other reporting violations as Category I violations. EPA notes that the 
NNCR already includes this flexibility as the ``Other violations'' 
category includes, ``any violation or group of violations, which in the 
discretion of the Director or EPA, are considered to be of concern.''
    Finally, EPA proposes to clarify the text in Appendix A to 40 CFR 
123.45 and update the formatting to correctly show labels and groups of 
pollutants. These proposed clarifications would fix an inaccurate 
reference and use the same wording from the ``Violation 
classifications'' section of the NNCR. EPA intends no substantive 
change to the scope of Category I noncompliance through these changes.

C. Correct Appendix A Deficiency Descriptions To Match Current 
Practices of Authorized NPDES Programs

    EPA proposes to delete the last sentence in the data description 
for the following four `deficiency' data elements in Appendix A to 40 
CFR part 127: ``The values for this data element will distinguish 
between noncompliance and significant noncompliance (SNC).''
     Deficiencies Identified Through the Biosolids/Sewage 
Sludge Compliance Monitoring
     Deficiencies Identified Through the MS4 Compliance 
Monitoring
     Deficiencies Identified Through the Pretreatment 
Compliance Monitoring
     Deficiencies Identified Through the Sewer Overflow/Bypass 
Compliance Monitoring
    EPA is also proposing to delete the regulation citation to 40 CFR 
123.45 for these four data elements.
    EPA proposes to delete the last sentence in the data description 
for the four `deficiency' data elements as only violations affect 
compliance status. This change would make clear that these four 
`deficiency' data elements should not be used to affect compliance 
status. These separate data elements mirror the current inspection and 
violation identification practices of authorized NPDES programs. In 
general, EPA and state inspectors document their findings made during 
inspections and note any `deficiencies.' EPA created four different 
`deficiency' data elements to identify and track these instances of 
potential noncompliance. The inspector's manager will typically review 
these `deficiencies' and decide if any of them warrant separate 
identification as violations. These violations are already tracked with 
the ``Violation Code'' data element. Deleting this sentence from the 
descriptions for these four data elements will eliminate any potential 
confusion as to whether the identified deficiency automatically created 
an instance of non-compliance.

D. Correct Data Element Name and Description and Reference for 
Biosolids or Sewage Sludge--Land Application or Surface Disposal 
Deficiencies

    EPA proposes to rename the ``Biosolids or Sewage Sludge--Land 
Application or Surface Disposal Deficiencies'' data element to 
``Biosolids or Sewage Sludge--Violations'' and update the related data 
description.
    EPA mislabeled the ``Biosolids or Sewage Sludge--Land Application 
or Surface Disposal Deficiencies'' data element in the NPDES eRule. 
This element is part of the Federal biosolids annual report and allows 
NPDES-regulated entities to self-report violations on all regulated 
biosolids management practices (i.e., land application, surface 
disposal, and incineration) (see 22 October 2015; 80 FR 64079). This 
change also makes clear that this data element tracks self-reported 
violations for the three biosolids management practices regulated under 
EPA's Federal biosolids regulations (40 CFR part 503). EPA is also 
proposing to add the corresponding CFR reference for the biosolids 
incineration annual report (40 CFR 503.48). This change will help 
reduce confusion with the data element ``Deficiencies Identified 
Through the Biosolids/Sewage Sludge Compliance Monitoring;'' these 
deficiencies are not violations and do not affect compliance status.

E. Correct the Title of the ``Sewer Overflow/Bypass Event Report'' in 
Table 1 of Appendix A and Table 1 of 40 CFR 127.16

    EPA used an incorrect title in two sections of the NPDES eRule for 
the report that provides information on sewer overflows and bypass 
events. EPA used the incorrect title, ``Sewer Overflow Event Reports 
[40 CFR 122.41(l)(6) and (7)],'' at Table 1 to 40 CFR 127.16 and Table 
1 to Appendix A, 40 CFR part 127. The correct title is, ``Sewer 
Overflow/Bypass Event Reports [40 CFR 122.41(l)(4), (6), (7), and 
122.41(m)(3)].'' EPA used the correct title in all other references to 
this report. EPA is also proposing to make conforming changes to the 
``Program area'' column and the ``Minimum frequency'' column in Table 1 
(Appendix A 40 CFR part 127).

[[Page 11915]]

F. Deletion of the Following Two Data Elements: Reportable 
Noncompliance Tracking and Reportable Noncompliance Tracking Start Date

    EPA proposes deleting the following two data elements as these data 
are no longer used for EPA's national NPDES program:
     Reportable Noncompliance Tracking; and
     Reportable Noncompliance Tracking Start Date.
    EPA mistakenly included these two data elements in Appendix A. 
These two data elements are no longer needed to address unforeseen 
circumstances when the authorized NPDES program needs to turn off 
automatic violation detection by EPA's NPDES data system. The current 
recommended approach to turn off compliance tracking in EPA's NPDES 
data system is for EPA or authorized NPDES programs to use the Permit 
Compliance Tracking Status and DMR Non-Receipt data elements. See 
``NPDES Electronic Reporting Implementation Guidance for Tracking 
Compliance and Major Designations,'' 28 December 2016, https://www.epa.gov/compliance/data-entry-guidance-and-technical-papers.

G. Provide Greater Clarity for the ``Facility Concentrated Aquatic 
Animal Production (CAAP) Status'' Data Element Name and Description

    EPA proposes to make changes to the ``Facility CAAP Status'' data 
element name and description. States provided feedback to EPA that the 
current name and description of this data element could be interpreted 
to mean that this data element applies to all NPDES-regulated entities 
as the current data description provides ``Yes'' and ``No'' as example 
reference values. This interpretation implies that states would need to 
provide a ``Yes'' or ``No'' for all NPDES-regulated entities.
    The proposed changes would make clear that this data element only 
applies to aquatic animal production facilities. The proposed change 
would ensure that states do not need to share these data with EPA for 
facilities that do not have aquatic animal production (i.e., lower data 
entry burden for states). Moreover, the proposed changes would also 
provide the information necessary to distinguish between the two CAAP 
identification methods. EPA proposes to change the name of this data 
element from ``Facility CAAP Designation'' to ``Facility CAAP Status.'' 
The proposed change from ``Designation'' to ``Status'' makes clear that 
this data element tracks both methods for identifying an aquatic animal 
production facility as a CAAP facility. The first method is solely 
based on production amounts provided by the facility and the second 
method is a manual designation process performed by the authorized 
NPDES program.
     Method #1 (Based on Facility Production Data)--CAAP 
identification is automatic based on the comparison of permit 
application/NOI information against the criteria used in EPA's CAAP 
NPDES regulations (see 40 CFR 122.24(b)); and
     Method #2 (Authorized NPDES Program Designation)--Using a 
case-by-case approach the RA may designate any warm or cold-water 
aquatic animal production facility as a concentrated aquatic animal 
production facility upon determining that it is a significant 
contributor of pollution to waters of the United States (see 40 CFR 
122.24(c)).
    The two methods are sequenced as follows. Facilities seeking NPDES 
permit coverage that acquire the CAAP status under Method #1 are not 
evaluated under Method #2 [i.e., Facility CAAP Status is set to ``Yes 
(Based on Facility Production Data)'']. Conversely, facilities seeking 
NPDES permit coverage that do not acquire CAAP status under Method #1 
can be designated by the authorized NPDES program as a CAAP facility 
under Method #2 [i.e., Facility CAAP Status is set to ``Yes (Authorized 
NPDES Program Designation)'']. The proposed changes would also require 
NPDES programs to share data with EPA on aquatic animal production 
facilities that they inspect under Method #2 and found to not be a CAAP 
facility [i.e., Facility CAAP Status is set to ``No (Authorized NPDES 
Program Determination)''].

H. Provide Greater Clarity on the `Permit Component' Data Element With 
Respect to Unpermitted Facilities

    EPA proposes changes to the ``Permit Component'' data element 
description to clarify its applicability to unpermitted facilities 
subject to NPDES inspections. EPA proposes these changes as EPA's 
regulations require authorized NPDES programs to have ``inspection and 
surveillance procedures to determine, independent of information 
supplied by regulated persons, compliance or noncompliance with 
applicable program requirements.'' See 40 CFR 123.26(b). EPA's NPDES 
Compliance Monitoring Strategy (CMS) also provides compliance 
monitoring goals for authorized NPDES programs and guidance regarding 
inspection of facilities without NPDES permit coverage.\2\ For example, 
this document notes, ``Regions and states should also conduct 
compliance monitoring activities to locate industrial facilities that 
have failed to obtain permit coverage or file a `no exposure 
certification' under 40 CFR 122.26(g). Inspections of unpermitted 
industrial stormwater facilities, including those with `no exposure 
certification,' will count toward the annual industrial stormwater 
coverage goal of 10%.'' \3\ EPA provided a discussion of when states 
must share data on unpermitted facilities with EPA in the preamble to 
the final rule (October 22, 2015; 80 FR 64078).
---------------------------------------------------------------------------

    \2\ U.S. EPA, 2014. Issuance of Clean Water Act National 
Pollutant Discharge Elimination System Compliance Monitoring 
Strategy, Memorandum from Lisa Lund, Director, Office of Compliance, 
July 21. See https://www.epa.gov/compliance/clean-water-act-national-pollutant-discharge-elimination-system-compliance-monitoring.
    \3\ Ibid, Page 15.
---------------------------------------------------------------------------

    This change would clarify that this data element applies to 
unpermitted facilities when states are required by EPA regulations to 
share data about these unpermitted facilities with EPA. This change 
would also update the regulatory citation for this data element to 
explicitly include certain unpermitted facilities [e.g., certain 
unpermitted facilities subject to a CWA NPDES inspection, facilities 
regulated by the Federal biosolids regulation (40 CFR part 503)]. This 
change would help EPA and states ensure that unpermitted facilities can 
be properly sorted into their respective NPDES programs (e.g., 
industrial stormwater, construction stormwater, CAFOs). EPA estimates 
that this change would only be a minor increase in costs to states as 
most states already share these data for tracking compliance with the 
CMS and other programmatic needs. For example, EPA uses this data 
element to mask facility information in public search tools for 
unpermitted Concentrated Animal Feeding Operations (CAFOs) and Animal 
Feeding Operations (AFOs) that EPA or state inspectors found were not 
discharging and do not require an NPDES permit (see 22 October 2015; 80 
FR 64092).

I. Provide Greater Clarity on the Notice of Termination (NOT) 
Electronic Reporting Requirements

    EPA proposes to make changes to the Notice of Termination (NOT) 
section in the NPDES regulations (40 CFR 122.64(c)). The NPDES eRule 
made clear that the electronic reporting requirement for NOTs only 
applied to general permit covered facilities (see Table 1 to Appendix 
A, 40 CFR part 127). This proposed language clarifies the electronic 
reporting requirement for NOTs and helps ensure that the state

[[Page 11916]]

burden associated with implementing the NPDES eRule is minimized.

J. Provide Greater Clarity on the ``Applicable Effluent Limitations 
Guidelines'' Data Element and Delete the Duplicative Data Element, 
``Applicable Categorical Standards''

    EPA proposes to update the data description for the ``Applicable 
Effluent Limitations Guidelines'' data element to make clear that this 
data element applies to all NPDES-regulated entities and to clarify 
EPA's expectation that the authorized NPDES program should identify all 
applicable effluent limitations guidelines. Making these changes will 
also allow EPA to delete the ``Applicable Categorical Standards'' data 
element. EPA is also proposing to make conforming changes to the 
regulatory citation and ``NPDES Data Group'' columns in Table 2 
(Appendix A to 40 CFR part 127).
    This proposed change will help reduce the burden on states to 
create a duplicative data element, ``Applicable Categorical 
Standards.'' This change will help ensure that EPA and states have an 
accurate inventory of facilities that meet the applicability criteria 
of the one or more effluent guidelines as well as allow EPA to maintain 
an accurate inventory of facilities that do not have any applicable 
effluent guidelines. Finally, these changes will also help reduce state 
data sharing burden as the data description makes clear that the 
Control Authority can use pretreatment program report and the state can 
use the NOI submissions to manage these data.

K. Provide Greater Clarity on the ``Receiving Waterbody Name for 
Permitted Feature'' Data Element Name and Description

    EPA proposes to delete the word ``Receiving'' from the ``Receiving 
Waterbody Name for Permitted Feature'' data element name and update the 
data description. EPA is also proposing to add conforming regulatory 
citations to 40 CFR 122.21(f)(9) for this data element as well as the 
``Source Water for Cooling Purposes'' data element.
    EPA recently updated the NPDES regulations governing individual 
NPDES permit applications (see 12 February 2019; 84 FR 3324). The Rule 
added 40 CFR 122.21(f)(9), requires individual permit applications to 
include the following cooling water information: ``An indication of 
whether the facility uses cooling water and the source of the cooling 
water.'' EPA now proposes a conforming change to the data element in 
Appendix A. This proposed change would also make clear that this data 
element is optional for other intake structures. EPA proposes to update 
the data sharing requirements for both individual and general permit 
covered facilities. This would ensure that there is consistent and 
complete reporting nationwide of industrial classification data, which 
are useful for regulatory decisions and program oversight.

L. Requiring NAICS Code Data To Match the 2019 NPDES Applications and 
Program Updates Final Rule

    EPA proposes to update the data descriptions for the ``NAICS Code'' 
and ``NAICS Code Primary Indicator'' data elements. EPA is also 
proposing to add conforming regulatory citations to 40 CFR 122.21(f)(3) 
and 122.28(b)(2)(ii) for these data elements.
    EPA proposes these changes to conform to its updated NPDES permit 
application regulations (see 12 February 2019; 84 FR 3324), which 
became effective on June 12, 2019. Since this date, applicants for EPA-
issued NPDES permits are required to meet the new application 
requirements. EPA proposes to update each of the eight NPDES 
application forms to conform to the February 12, 2019 final rule and 
improve clarity and usability. States that are authorized to administer 
the NPDES program might require use of EPA's application forms or might 
have developed their own state-specific application forms. In either 
case, the final NPDES Applications and Program Updates Rule provides 
states up to one year to make conforming programmatic and regulatory 
changes, and up to two years if statutory changes are needed.
    The 2019 NPDES Applications and Program Updates Final Rule requires 
permit applications to include data on the four-digit Standard 
Industrial Classification (SIC) codes and the six-digit NAICS codes. 
Prior to this 2019 rulemaking, EPA only required NPDES permit 
applications to include SIC code data. EPA is proposing to update the 
data sharing requirements for both individual and general permit 
covered facilities. This would ensure that there is consistent and 
complete reporting nationwide of industrial classification data, which 
are useful for regulatory decisions and program oversight. EPA is 
proposing to require states to share these NAICS code data with EPA 
when they approve NPDES permit coverage. This will help lower the 
implementation costs to states.

M. Add Variance Data Elements to Appendix A To Match the 2019 NPDES 
Applications and Program Updates Final Rule

    EPA proposes to make changes to variance related data elements in 
Appendix A as well as add new variance related data elements. These 
variances relate to the following provisions in the CWA:
     Fundamentally different factors (FDFs) (CWA section 
301(n));
     Non-conventional pollutants (CWA section 301(c) and (g));
     Water quality related effluent limitations (CWA Section 
302(b)(2));
     Thermal discharges (CWA Section 316(a)); and
     Discharges to marine waters (CWA Section 301(h))].
    EPA proposes to make conforming changes to the data element 
citations. EPA proposes to amend Table 2 to Appendix A for these 
variance data elements to include references to 40 CFR 123.41 (`Sharing 
of Information') for variances that do not expire (e.g., FDFs) as well 
as references to NPDES permit application variance information sections 
at 40 CFR 122.21(f)(10) and 122.21(j)(1)(ix).
    EPA proposes to include these revised and new data elements in the 
minimum set of NPDES program data (Appendix A to 40 CFR part 127) as 
these data would allow EPA and states to better track variance requests 
and related statuses for the NPDES program. EPA recently updated the 
NPDES permit application regulations (40 CFR 122.21) and the related 
forms with the 2019 NPDES Applications and Program Updates final rule. 
EPA proposes updating the data sharing requirements for both individual 
and general permit covered facilities. This would ensure that there is 
consistent and complete reporting nationwide of variance data. EPA is 
proposing to require states to share these variance data with EPA when 
they approve NPDES permit coverage. This approach will integrate with 
the authorized NPDES program's data collection and sharing activities.

VI. Assistance to States To Implement Phase 2

    EPA will continue to provide technical assistance and support to 
authorized NPDES programs during the transition to electronic 
reporting. This includes building electronic reporting tools for 
authorized NPDES programs that elect to use these tools and to support 
the development of new data transfer protocols. Authorized NPDES 
programs can request EPA's assistance for electronic reporting by 
submitting a request to [email protected].
    EPA offers authorized programs financial assistance through the 
Exchange Network Grant Program. This program provides funding to 
states, territories, and federally recognized Indian tribes to support 
the

[[Page 11917]]

development of the National Environmental Information Exchange Network. 
The primary outcome expected from Exchange Network assistance 
agreements is improved access to, and exchange of, high-quality 
environmental data from public and private sector sources. More 
information on this program is available at: https://www.epa.gov/exchangenetwork/exchange-network-grant-program.
    EPA will continue to work with authorized NPDES programs to 
implement NPDES electronic reporting. This includes the use of 
workgroups to help authorized NPDES programs share data with EPA and to 
provide recommendations on how EPA should build the NNCR. Authorized 
NPDES programs can contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to learn how to join these workgroups.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act

    The information collection activities in this proposed rule have 
been submitted for approval to the Office of Management and Budget 
(OMB) under the PRA. The Information Collection Request (ICR) document 
that the EPA prepared has been assigned EPA ICR number [2617.01]. You 
can find a copy of the supporting statement for this ICR in the docket 
for this rule (see DCN 0016). It is briefly summarized here.
    EPA has primary responsibility for ensuring the CWA's NPDES program 
is effectively and consistently implemented nationwide, thus ensuring 
that public health and environmental protection goals of the CWA are 
met. EPA is taking this action pursuant to CWA sections 101(f), 304(i), 
308, 402, and 501. The accurate, complete, and timely information 
collected under this ICR will help EPA and states more efficiently 
implement the 2015 NPDES eRule. The improved information sharing would 
increase transparency and accountability and help EPA and authorized 
NPDES programs collaborate and measure progress in implementing the 
2015 NPDES eRule. This information collection would provide EPA with 
more timely, consistent, and accurate inventory of all general permits 
and program reports, the number of facilities that must electronically 
submit reports, and the online location of state electronic reporting 
tools.
    Receiving current high-level data on general permits and program 
reports is critical to EPA's ability to oversee and manage authorized 
NPDES programs. Authorizing the burden under this ICR will allow EPA to 
provide timely assistance to authorized NPDES programs as they 
implementation the NPDES eRule. The general permits and program reports 
inventory will help promote efficiencies in NPDES eRule implementation 
as states will be able to use this information to identify other states 
that have already developed electronic reporting tools. Additionally, 
with the implementation of this information collection activity, 
regulated entities would be able to ensure that they are fully aware of 
the compliance deadlines and electronic reporting tools for their 
reporting obligations.
    Respondents/affected entities: This ICR covers the 47 states and 
one U.S. Territory authorized to implement the NPDES program.
    Respondent's obligation to respond: EPA is taking this action 
pursuant to CWA sections 101(f), 304(i), 308, 402, and 501.
    Estimated number of respondents: This ICR covers the 48 authorized 
NPDES programs.
    Frequency of response: EPA estimates that twelve authorized NPDES 
programs will provide updated information on general permits and 
program reports and the related electronic reporting tools each month. 
Additionally, all 48 authorized NPDES programs will conduct an annual 
review and update of EPA's inventory. Finally, EPA estimates that 
approximately 15 authorized NPDES programs will prepare and submit an 
alternative Phase 2 compliance deadline request during the three-year 
period covered by the ICR.
    Total estimated burden: 416 hours (per year). Burden is defined at 
5 CFR 1320.3(b).
    Total estimated cost: $25,418 (per year), includes $0 annualized 
capital or operation & maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates and any suggested methods for 
minimizing respondent burden to the EPA using the docket identified at 
the beginning of this rule. You may also send your ICR-related comments 
to OMB's Office of Information and Regulatory Affairs via email to 
[email protected], Attention: Desk Officer for the EPA. Since 
OMB is required to make a decision concerning the ICR between 30 and 60 
days after receipt, OMB must receive comments no later than March 30, 
2020. The EPA will respond to any ICR-related comments in the final 
rule.

D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. This 
action will not impose any requirements on small entities. This action 
does not affect small entities as the proposed changes in this action 
only cover states, tribes, and territories that have NPDES program 
authorization. The RFA defines ``small governmental jurisdiction'' as 
the government of a city, county, town, township, village, school 
district, or special district with a population of less than 50,000 (5 
U.S.C. 601(5)). For the purposes of the RFA, States and tribal 
governments are not considered small governments.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The proposed 
changes in this action help streamline the implementation of the NPDES 
eRule and provide states with more flexibility. EPA estimates that the 
additional time and flexibility afforded by the proposed changes will 
help lower the implementation costs.

F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government.

[[Page 11918]]

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175. This action does not affect small entities as 
the proposed changes in this action only cover states, tribes, and 
territories that have NPDES program authorization. Currently there are 
no tribal governments that are authorized for the NPDES program. Thus, 
Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 because it is 
not economically significant as defined in Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. The proposed changes in this action only cover states, 
tribes, and territories that have NPDES program authorization.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    The EPA believes that this action does not have disproportionately 
high and adverse human health or environmental effects on minority 
populations, low-income populations and/or indigenous peoples, as 
specified in Executive Order 12898 (59 FR 7629, February 16, 1994). The 
proposed changes in this action only cover states, tribes, and 
territories that have NPDES program authorization.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 122

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Reporting and 
recordkeeping requirements, Water pollution control.

40 CFR Part 123

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous substances, Indians-lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control.

40 CFR Part 127

    Environmental protection, Administrative practice and procedure, 
Automatic data processing, Electronic data processing, Hazardous 
substances, Intergovernmental relations, Reporting and recordkeeping 
requirements, Sewage disposal, Waste treatment and disposal, Water 
pollution control.

40 CFR Part 403

    Environmental protection, Confidential business information, 
Reporting and recordkeeping requirements, Waste treatment and disposal, 
Water pollution control.

40 CFR Part 503

    Environmental protection, Reporting and recordkeeping requirements, 
Sewage disposal.

    Dated: January 31, 2020.
Andrew R. Wheeler,
Administrator.

    For the reasons set forth in the preamble, EPA proposes to amend 40 
CFR parts 9, 122, 123, 127, 403, and 503 as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

0
1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 31 U.S.C. 9701; 
33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

0
2. In Sec.  9.1, add the entry ``127.24'' in numerical order under the 
undesignated center heading ``NPDES Electronic Reporting'' to read as 
follows:


Sec.  9.1   OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
              40 CFR citation                      OMB control No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
                       NPDES Electronic Reporting
------------------------------------------------------------------------
 
                                * * * * *
127.24....................................  2020-NEW
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT 
DISCHARGE ELIMINATION SYSTEM

0
3. The authority citation for part 122 continues to read as follows:

    Authority:  The Clean Water Act, 33 U.S.C. 1251 et seq.

0
4. In Sec.  122.26, revise paragraphs (b)(15)(i)(C) and (g)(1)(iii) to 
read as follows:


Sec.  122.26   Storm water discharges (applicable to State NPDES 
programs, see Sec.  123.25).

* * * * *
    (b) * * *
    (15) * * *
    (i) * * *
    (C) As of December 21, 2023 or an EPA-approved alternative date 
(see 40 CFR 127.24(e) or (f)), all certifications submitted in 
compliance with paragraphs (b)(15)(i)(A) and (B) of this section must 
be submitted electronically by the owner or operator to the Director or 
initial recipient, as defined in 40 CFR 127.2(b), in compliance with 
this section and 40 CFR part 3 (including, in all cases, subpart D to 
part 3), Sec.  122.22, and 40 CFR part 127. 40 CFR part 127 is not 
intended to undo existing requirements for electronic reporting. Prior 
to this date, and independent of 40 CFR part 127, owners or operators 
may be required to report electronically if specified by a particular 
permit or if required to do so by state law.
* * * * *
    (g) * * *
    (1) * * *
    (iii) Submit the signed certification to the NPDES permitting 
authority once every five years. As of December 21, 2023 or an EPA-
approved alternative date (see 40 CFR 127.24(e) or (f)), all 
certifications submitted in compliance with this section must be 
submitted electronically by the owner or operator to the Director or 
initial recipient, as defined in 40 CFR 127.2(b), in

[[Page 11919]]

compliance with this section and 40 CFR part 3 (including, in all 
cases, subpart D to part 3), Sec.  122.22, and 40 CFR part 127. 40 CFR 
part 127 is not intended to undo existing requirements for electronic 
reporting. Prior to this date, and independent of 40 CFR part 127, 
owners or operators may be required to report electronically if 
specified by a particular permit or if required to do so by state law.
* * * * *
0
5. In Sec.  122.28, revise paragraph (b)(2)(i) to read as follows:


Sec.  122.28   General permits (applicable to State NPDES programs, see 
Sec.  123.25).

* * * * *
    (b) * * *
    (2) * * * (i) Except as provided in paragraphs (b)(2)(v) and (vi) 
of this section, dischargers (or treatment works treating domestic 
sewage) seeking coverage under a general permit shall submit to the 
Director a notice of intent to be covered by the general permit. A 
discharger (or treatment works treating domestic sewage) who fails to 
submit a notice of intent in accordance with the terms of the permit is 
not authorized to discharge, (or in the case of sludge disposal permit, 
to engage in a sludge use or disposal practice), under the terms of the 
general permit unless the general permit, in accordance with paragraph 
(b)(2)(v), contains a provision that a notice of intent is not required 
or the Director notifies a discharger (or treatment works treating 
domestic sewage) that it is covered by a general permit in accordance 
with paragraph (b)(2)(vi). A complete and timely, notice of intent 
(NOI), to be covered in accordance with general permit requirements, 
fulfills the requirements for permit applications for purposes of 
Sec. Sec.  122.6, 122.21, and 122.26. As of December 21, 2023 or an 
EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all 
notices of intent submitted in compliance with this section must be 
submitted electronically by the discharger (or treatment works treating 
domestic sewage) to the Director or initial recipient, as defined in 40 
CFR 127.2(b), in compliance with this section and 40 CFR part 3 
(including, in all cases, subpart D to part 3), Sec.  122.22, and 40 
CFR part 127. 40 CFR part 127 is not intended to undo existing 
requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, discharger (or treatment works treating 
domestic sewage) may be required to report electronically if specified 
by a particular permit or if required to do so by state law.
* * * * *
0
6. In Sec.  122.34, revise paragraph (d)(3) to read as follows:


Sec.  122.34   Permit requirements for regulated small MS4 permits.

* * * * *
    (d) * * *
    (3) Reporting. Unless the permittee is relying on another entity to 
satisfy its NPDES permit obligations under Sec.  122.35(a), the 
permittee must submit annual reports to the NPDES permitting authority 
for its first permit term. For subsequent permit terms, the permittee 
must submit reports in year two and four unless the NPDES permitting 
authority requires more frequent reports. As of December 21, 2023 or an 
EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all 
reports submitted in compliance with this section must be submitted 
electronically by the owner, operator, or the duly authorized 
representative of the small MS4 to the NPDES permitting authority or 
initial recipient, as defined in 40 CFR 127.2(b), in compliance with 
this section and 40 CFR part 3 (including, in all cases, subpart D to 
part 3), Sec.  122.22, and 40 CFR part 127. 40 CFR part 127 is not 
intended to undo existing requirements for electronic reporting. Prior 
to this date, and independent of 40 CFR part 127, the owner, operator, 
or the duly authorized representative of the small MS4 may be required 
to report electronically if specified by a particular permit or if 
required to do so by state law. The report must include:
* * * * *
0
7. In Sec.  122.41, revise paragraphs (l)(6)(i), (l)(7), (m)(3)(i) and 
(ii) to read as follows:


Sec.  122.41   Conditions applicable to all permits (applicable to 
State programs, see Sec.  123.25).

* * * * *
    (l) * * *
    (6) * * *
    (i) The permittee shall report any noncompliance which may endanger 
health or the environment. Any information shall be provided orally 
within 24 hours from the time the permittee becomes aware of the 
circumstances. A report shall also be provided within 5 days of the 
time the permittee becomes aware of the circumstances. The report shall 
contain a description of the noncompliance and its cause; the period of 
noncompliance, including exact dates and times), and if the 
noncompliance has not been corrected, the anticipated time it is 
expected to continue; and steps taken or planned to reduce, eliminate, 
and prevent reoccurrence of the noncompliance. For noncompliance events 
related to combined sewer overflows, sanitary sewer overflows, or 
bypass events, these reports must include the data described above 
(with the exception of time of discovery) as well as the type of event 
(combined sewer overflows, sanitary sewer overflows, or bypass events), 
type of sewer overflow structure (e.g., manhole, combine sewer overflow 
outfall), discharge volumes untreated by the treatment works treating 
domestic sewage, types of human health and environmental impacts of the 
sewer overflow event, and whether the noncompliance was related to wet 
weather. As of December 21, 2023 or an EPA-approved alternative date 
(see 40 CFR 127.24(e) or (f)), all reports related to combined sewer 
overflows, sanitary sewer overflows, or bypass events submitted in 
compliance with this section must be submitted electronically by the 
permittee to the Director or initial recipient, as defined in 40 CFR 
127.2(b), in compliance with this section and 40 CFR part 3 (including, 
in all cases, subpart D to part 3), Sec.  122.22, and 40 CFR part 127. 
40 CFR part 127 is not intended to undo existing requirements for 
electronic reporting. Prior to this date, and independent of 40 CFR 
part 127, permittees may be required to electronically submit reports 
related to combined sewer overflows, sanitary sewer overflows, or 
bypass events under this section by a particular permit or if required 
to do so by state law. The Director may also require permittees to 
electronically submit reports not related to combined sewer overflows, 
sanitary sewer overflows, or bypass events under this section.
* * * * *
    (7) Other noncompliance. The permittee shall report all instances 
of noncompliance not reported under paragraphs (l)(4), (5), and (6) of 
this section, at the time monitoring reports are submitted. The reports 
shall contain the information listed in paragraph (l)(6). For 
noncompliance events related to combined sewer overflows, sanitary 
sewer overflows, or bypass events, these reports shall contain the 
information described in paragraph (l)(6) and the applicable required 
data in appendix A to 40 CFR part 127. As of December 21, 2023 or an 
EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all 
reports related to combined sewer overflows, sanitary sewer overflows, 
or bypass events submitted in compliance with this section must be 
submitted electronically by the permittee to the Director or initial 
recipient, as defined in 40 CFR 127.2(b), in compliance with this 
section and 40 CFR part 3

[[Page 11920]]

(including, in all cases, subpart D to part 3), Sec.  122.22, and 40 
CFR part 127. 40 CFR part 127 is not intended to undo existing 
requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, permittees may be required to 
electronically submit reports related to combined sewer overflows, 
sanitary sewer overflows, or bypass events under this section by a 
particular permit or if required to do so by state law. The Director 
may also require permittees to electronically submit reports not 
related to combined sewer overflows, sanitary sewer overflows, or 
bypass events under this section.
* * * * *
    (m) * * *
    (3) * * * (i) Anticipated bypass. If the permittee knows in advance 
of the need for a bypass, it shall submit prior notice, if possible, at 
least ten days before the date of the bypass. As of December 21, 2023 
or an EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all 
notices submitted in compliance with this section must be submitted 
electronically by the permittee to the Director or initial recipient, 
as defined in 40 CFR 127.2(b), in compliance with this section and 40 
CFR part 3 (including, in all cases, subpart D to part 3), Sec.  
122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo 
existing requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, permittees may be required to report 
electronically if specified by a particular permit or if required to do 
so by state law.
    (ii) Unanticipated bypass. The permittee shall submit notice of an 
unanticipated bypass as required in paragraph (l)(6) of this section 
(24-hour notice). As of December 21, 2023 or an EPA-approved 
alternative date (see 40 CFR 127.24(e) or (f)), all notices submitted 
in compliance with this section must be submitted electronically by the 
permittee to the Director or initial recipient, as defined in 40 CFR 
127.2(b), in compliance with this section and 40 CFR part 3 (including, 
in all cases, subpart D to part 3), Sec.  122.22, and 40 CFR part 127. 
40 CFR part 127 is not intended to undo existing requirements for 
electronic reporting. Prior to this date, and independent of 40 CFR 
part 127, permittees may be required to report electronically if 
specified by a particular permit or if required to do so by state law.
* * * * *
0
8. In Sec.  122.42, revise paragraphs (c) and (e)(4) to read as 
follows:


Sec.  122.42   Additional conditions applicable to specified categories 
of NPDES permits (applicable to State NPDES programs, see Sec.  
123.25).

* * * * *
    (c) Municipal separate storm sewer systems. The operator of a large 
or medium municipal separate storm sewer system or a municipal separate 
storm sewer that has been designated by the Director under Sec.  
122.26(a)(1)(v) must submit an annual report by the anniversary of the 
date of the issuance of the permit for such system. As of December 21, 
2023 or an EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), 
all reports submitted in compliance with this section must be submitted 
electronically by the owner, operator, or the duly authorized 
representative of the MS4 to the Director or initial recipient, as 
defined in 40 CFR 127.2(b), in compliance with this section and 40 CFR 
part 3 (including, in all cases, subpart D to part 3), Sec.  122.22, 
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing 
requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, the owner, operator, or the duly 
authorized representative of the MS4 may be required to report 
electronically if specified by a particular permit or if required to do 
so by state law. The report shall include:
* * * * *
    (e) * * *
    (4) Annual reporting requirements for CAFOs. The permittee must 
submit an annual report to the Director. As of December 21, 2023 or an 
EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all annual 
reports submitted in compliance with this section must be submitted 
electronically by the permittee to the Director or initial recipient, 
as defined in 40 CFR 127.2(b), in compliance with this section and 40 
CFR part 3 (including, in all cases, subpart D to part 3), Sec.  
122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo 
existing requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, the permittee may be required to report 
electronically if specified by a particular permit or if required to do 
so by state law. The annual report must include:
* * * * *
0
9. In Sec.  122.64, revise paragraph (c) to read as follows:


Sec.  122.64   Termination of permits (applicable to State programs, 
see Sec.  123.25).

* * * * *
    (c) Permittees that wish to terminate their permit must submit a 
Notice of Termination (NOT) to their permitting authority. If 
requesting expedited permit termination procedures, a permittee must 
certify in the NOT that it is not subject to any pending State or 
Federal enforcement actions including citizen suits brought under State 
or Federal law. As of December 21, 2023 or an EPA-approved alternative 
date (see 40 CFR 127.24(e) or (f)), all NOTs submitted by general 
permit covered facilities in compliance with this section must be 
submitted electronically by the permittee to the Director or initial 
recipient, as defined in 40 CFR 127.2(b), in compliance with this 
section and 40 CFR part 3 (including, in all cases, subpart D), Sec.  
122.22, and 40 CFR part 127. 40 CFR part 127 is not intended to undo 
existing requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, the permittee may be required to report 
electronically if specified by a particular permit or if required to do 
so by state law.

PART 123--STATE PROGRAM REQUIREMENTS

0
10. The authority citation for part 123 continues to read as follows:

    Authority:  Clean Water Act, 33 U.S.C. 1251 et seq.

0
11. In Sec.  123.45:
0
a. Revise the section heading.
0
b. Revise the introductory text.
0
c. Revise paragraphs (a)(2)(i) through (iv).
0
d. Revise appendix A to Sec.  123.45.
    The revisions read as follows:


Sec.  123.45   Noncompliance and program reporting.

    As of December 21, 2022, EPA must prepare public (quarterly and 
annual) reports as set forth here from information that is required to 
be submitted by NPDES-regulated facilities and the State Director.
* * * * *
    (a) * * *
    (2) * * *
    (i) Enforcement order violations. These include violations of any 
requirement or condition in administrative or judicial enforcement 
orders, other than compliance construction violations and reporting 
violations.
    (ii) Compliance construction violations. These include failure to 
start construction, complete construction, or achieve final compliance 
within 90 days after the date established in a permit, administrative 
or judicial order, or regulation.
    (iii) Permit effluent limit violations. These include violations of 
permit effluent limits that exceed the ``Criteria

[[Page 11921]]

for Category I Permit Effluent Limit Violations'' in appendix A to 
Sec.  123.45.
    (iv) Reporting violations. These include failure to submit a 
required report within 30 days after the date established in a permit, 
administrative or judicial order, or regulation. These reports only 
include final compliance schedule progress reports, Discharge 
Monitoring Reports [see 40 CFR 122.41(l)(4)(i)], and program reports 
[see 40 CFR 127.2(f)]. In addition, these violations also include any 
failure to comply with the reporting requirements at 40 CFR 
122.41(l)(6).
* * * * *

Appendix A to Sec.  123.45--Criteria for Category I Permit Effluent 
Limit Violations

    This appendix describes the criteria for reporting Category I 
violations of NPDES permit effluent limits in the NPDES 
noncompliance report (NNCR) as specified under paragraph (a)(2)(iii) 
of this section. Any violation of an NPDES permit is a violation of 
the Clean Water Act (CWA) for which the permittee is liable. As 
specified in paragraph (a)(2) of this section, there are two 
categories of noncompliance, and the table below indicates the 
thresholds for violations in Category I. An agency's decision as to 
what enforcement action, if any, should be taken in such cases, 
shall be based on an analysis of facts, legal requirements, policy, 
and guidance.

Violations of Permit Effluent Limits

    The categorization of permit effluent limit violations depends 
upon the magnitude and/or frequency of the violation. Effluent 
violations shall be evaluated on a parameter-by-parameter and 
outfall-by-outfall basis. The criteria for Category I permit 
effluent limit violations apply to all Group I and Group II 
pollutants and are as follows:
    a. Criteria for Category I Violations of Monthly Average Permit 
Effluent Limits--Magnitude and Frequency
    Violations of monthly average permit effluent limits which 
exceed or equal the product of the Technical Review Criteria (TRC) 
times the permit effluent limit and occur two months in a six-month 
period. The TRCs for the two groups of pollutants are as follows:
 Group I Pollutants (TRC) = 1.4
 Group II Pollutants (TRC) = 1.2
    The following is a listing of the Group I and Group II 
pollutants.

Group I Pollutants

Oxygen Demand

 Biochemical Oxygen Demand
 Chemical Oxygen Demand
 Total Oxygen Demands
 Total Organic Carbon
 Other

Solids

 Total Suspended Solids (Residues)
 Total Dissolved Solids (Residues)
 Other

Nutrients

 Inorganic Phosphorus Compounds
 Inorganic Nitrogen Compounds
 Other

Detergents and Oils

 MBAS
 NTA
 Oil and Grease
 Other detergents or algicides

Minerals

 Calcium
 Chloride
 Fluoride
 Magnesium
 Sodium
 Potassium
 Sulfur
 Sulfate
 Total Alkalinity
 Total Hardness
 Other Minerals

Metals

 Aluminum
 Cobalt
 Iron
 Vanadium

Group II Pollutants

Metals (all forms)

 Other metals not specifically listed under Group I

Inorganic

 Cyanide
 Total Residual Chlorine

Organics

 All organics are Group II except those specifically listed 
under Group I

    b. Criteria for Category I Violations of Monthly Average Permit 
Effluent Limits--Chronic Violations of monthly average permit 
effluent limits which are exceeded in any four months in a six-month 
period.

PART 127--NPDES ELECTRONIC REPORTING

0
12. The authority citation for part 127 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.

0
13. In Sec.  127.16, revise the table in paragraph (a) to read as 
follows:


Sec.  127.16   Implementation of electronic reporting requirements for 
NPDES permittees, facilities, and entities subject to this part [see 
Sec.  127.1(a)].

* * * * *

    Table 1--Compliance Deadlines for Electronic Submissions of NPDES
                               Information
------------------------------------------------------------------------
                                               Compliance deadlines for
             NPDES information               electronic  submissions \1\
------------------------------------------------------------------------
General Permit Reports [Notices of Intent    December 21, 2023.
 to discharge (NOIs); Notices of
 Termination (NOTs); No Exposure
 Certifications (NOEs); Low Erosivity
 Waivers (LEWs) and other Waivers] [40 CFR
 122.26(b)(15), 122.28, and 122.64].
Discharge Monitoring Reports [40 CFR         December 21, 2016.
 122.41(l)(4)].
Biosolids Annual Program Reports [40 CFR     December 21, 2016 (when the
 part 503].                                   Regional Administrator is
                                              the Director) \2\
                                             December 21, 2023 (when the
                                              state, tribe or territory
                                              is the authorized NPDES
                                              program).\2\
Concentrated Animal Feeding Operation        December 21, 2023.
 (CAFO) Annual Program Reports [40 CFR
 122.42(e)(4)].
Municipal Separate Storm Sewer System (MS4)  December 21, 2023.
 Program Reports [40 CFR 122.34(d)(3) and
 122.42(c)].
POTW Pretreatment Program Annual Reports     December 21, 2023.
 [40 CFR 403.12(i)].
Significant Industrial User Compliance       December 21, 2023.
 Reports in Municipalities Without Approved
 Pretreatment Programs [40 CFR 403.12(e)
 and (h)].
Sewer Overflow/Bypass Event Reports [40 CFR  December 21, 2023.
 122.41(l)(4), (6), (7), and 122.41(m)(3)].
CWA 316(b) Annual Reports [40 CFR part 125   December 21, 2023.
 subparts I, J, and N].
------------------------------------------------------------------------
\1\ EPA may approve an alternative compliance deadline for general
  permit reports and program reports in accordance with Sec.   127.24(e)
  and (f).
\2\ Note: Director is defined in 40 CFR 122.2.


[[Page 11922]]

* * * * *
0
14. In Sec.  127.21, revise paragraph (b) to read as follows:


Sec.  127.21   Data to be reported electronically to EPA by states, 
tribes, and territories.

* * * * *
    (b) States, tribes, and territories that have received 
authorization from EPA to implement the NPDES program must 
electronically transfer these data, listed in Sec.  127.21(a), to EPA 
within 40 days of the completed activity or within 40 days of the 
receipt of a report from an NPDES permittee, facility, or entity 
subject to this part [see Sec.  127.1(a)]. EPA may set an alternative 
compliance deadline for data sharing for one or more facilities, 
general permit reports, program reports, and related data elements (see 
40 CFR 127.24) provided this alternative compliance date does not 
extend beyond December 21, 2026.
0
15. In Sec.  127.24:
0
a. Revise the section heading.
0
b. Add paragraphs (e) and (f).
    The revision and additions read as follows:


Sec.  127.24   Responsibilities regarding review of waiver requests 
from NPDES permittees, facilities, and entities subject to this part 
[see Sec.  127.1(a)] and alternative compliance deadlines.

* * * * *
    (e) A state, tribe, or territory that is designated by EPA as the 
initial recipient [see Sec. Sec.  127.2(b) and 127.27] for an NPDES 
data group [as defined in Sec.  127.2(c)] may submit a request to EPA 
to establish an alternative compliance deadline for electronic 
reporting of one or more general permit reports, program reports, and 
related data elements (see Table 2 to appendix A). A State may request 
to establish an alternative compliance deadline for up to three years 
beyond the currently-applicable date but not beyond December 21, 2026. 
It is the duty of the authorized NPDES program to re-apply for a new 
alternative compliance deadline.
    (1) The alternative compliance deadline request shall:
    (i) Be submitted to EPA by the Director, as defined in 40 CFR 
122.2;
    (ii) Identify each general permit, program report, and related data 
elements covered by the request and the corresponding alternative 
compliance deadline(s);
    (iii) Identify each facility covered by the request and the 
corresponding alternative compliance deadline(s) (Note: This only 
applies if the request covers some but not all facilities subject to 
the general permit or program report requirement);
    (iv) Be submitted at least 120 days prior to the applicable 
compliance deadline in Table 1 to 40 CFR 127.16 or an alternative 
compliance deadline previously approved by EPA; and
    (v) Provide a rationale for the delay and enough details (e.g., 
tasks, milestones, roles and responsibilities, necessary resources) to 
clearly describe how the program will successfully implement electronic 
reporting for general permit, program report, and related data elements 
covered by the request.
    (2) EPA will review each alternative compliance deadline request to 
see if it provides enough detail to accurately assess if the state has 
a reasonable plan to deploy electronic reporting by the requested 
alternative compliance deadline. EPA will return alternative compliance 
deadline requests with insufficient detail back to the Director within 
30 days of receipt and provide recommendations. EPA will approve or 
deny each complete alternative compliance deadline request within 120 
days of receipt. EPA will provide notice to the authorized NPDES 
program of EPA's approval or denial. The authorized NPDES program may 
re-apply if the initial request is denied by EPA.
    (3) EPA will update its website after it approves a request to 
clearly identify the approved alternative compliance deadlines for each 
facility, general permit report, program report, and related data 
elements by authorized NPDES program. EPA will also post each 
alternative compliance deadline request and the corresponding Agency 
approval or denial notice after each determination. EPA will provide 
updated information at: https://www.epa.gov/compliance/npdes-ereporting.
    (f) EPA may, as it deems appropriate, establish an alternative 
compliance deadline for electronic reporting and data sharing for one 
or more facilities, general permit reports, program reports, and 
related data elements (see Table 2 to appendix A) in one or more 
states. EPA may establish an alternative compliance deadline up to 
three years beyond the currently applicable date, but in no event 
beyond December 21, 2026. Separately, EPA will provide notice to the 
one or more authorized NPDES program covered by each alternative 
compliance deadline. This notice will include a rationale for the delay 
and enough details (e.g., tasks, milestones, roles and 
responsibilities, necessary resources) to clearly describe how it will 
successfully implement electronic reporting for general permit, program 
report, and related data elements covered by the extension. EPA will 
update its website to clearly identify the alternative compliance 
deadlines for each facility, general permit report, program report, and 
related data elements by authorized NPDES program.
0
16. In appendix A to part 127:
0
a. In table 1:
0
i. Revise the entry ``9''.
0
b. In table 2:
0
i. Revise the entries ``Permit Component'', ``Applicable Effluent 
Limitations Guidelines'', ``NAICS Code'', and ``NAICS Code Primary 
Indicator'' under the ``Basic Permit Information'' center heading.
0
ii. Delete the ``Reportable Noncompliance Tracking'' and ``Reportable 
Noncompliance Tracking Start Date'' entries under the ``Basic Permit 
Information'' center heading.
0
iii. Revise the entry ``Receiving Waterbody Name for Permitted 
Feature'' to ``Waterbody Name for Permitted Feature'' and related 
description under the ``Permitted Feature Information'' center heading.
0
iv. Revise the center heading from ``Animal Feeding Operation 
Information on NPDES Permit Application or Notice of Intent'' to 
``Animal Feeding Operation Information.''
0
v. Revise the entry ``Facility CAAP Designation'' to ``Facility CAAP 
Status'' and related description under the proposed revised ``Animal 
Feeding Operation Information'' center heading.
0
vi. Delete the entry ``Applicable Categorical Standards'' under the 
``Pretreatment Information on NPDES Permit Application or Notice of 
Intent (this includes permit application data required for all new and 
existing POTWs [40 CFR 122.21(j)(6)]'' center heading.
0
vii. Revise the entry ``Source Water for Cooling Purposes'' under the 
``Cooling Water Intake Information on NPDES Permit Application or 
Notice of Intent'' center heading.
0
viii. Revise the center heading from ``CWA section 316(a) Thermal 
Variance Information on NPDES Permit Application or Notice of Intent'' 
to ``NPDES Variance Information.''
0
ix. Revise the entry ``Thermal Variance Request Type'' to ``Variance 
Type'' and ``Thermal Variance Granted Date'' to ``Variance Action 
Date'' and related descriptions under the proposed revised center 
heading ``NPDES Variance Information.''
0
x. Add the following entries ``Variance Request Version'', ``Variance 
Status'', and ``Variance Submission Date'' under the proposed revised 
center heading ``NPDES Variance Information.''
0
xi. Revise the entries ``Deficiencies Identified Through the Biosolids/

[[Page 11923]]

Sewage Sludge Compliance Monitoring'', ``Deficiencies Identified 
Through the MS4 Compliance Monitoring'', ``Deficiencies Identified 
Through the Pretreatment Compliance Monitoring'', and ``Deficiencies 
Identified Through the Sewer Overflow/Bypass Compliance Monitoring'' 
under the ``Compliance Monitoring Activity Information (Program Data 
Generated from Authorized NPDES Programs and EPA)'' center heading.
    xii. Revise the entry ``Biosolids or Sewage Sludge--Land 
Application or Surface Disposal Deficiencies'' to ``Biosolids or Sewage 
Sludge-Violations'' under the ``Compliance Monitoring Activity 
Information (Data Elements Specific to Sewage Sludge/Biosolids Annual 
Program Reports)'' center heading.
    The revisions and additions read as follows:

Appendix A to Part 127--Minimum Set of NPDES Data

* * * * *

                                Table 1--Data Sources and Regulatory Citations 1
----------------------------------------------------------------------------------------------------------------
 NPDES Data group
       No. 2           NPDES data group        Program area          Data provider        Minimum frequency 3
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
9.................  Sewer Overflow/Bypass  Sewer Overflows and   NPDES Permittee.....  Within 5 days of the time
                     Event Reports [40      Bypass Events.                              the permittee becomes
                     CFR 122.41(l)(4),                                                  aware of the sewer
                     (6), (7), and                                                      overflow event (health
                     122.41(m)(3)].                                                     or environment
                                                                                        endangerment);
                                                                                        Monitoring report
                                                                                        frequency specific in
                                                                                        permit (all other sewer
                                                                                        overflow and bypass
                                                                                        events); At least 10-
                                                                                        days before the date of
                                                                                        the anticipated bypass;
                                                                                        and Within 5-days of the
                                                                                        time the permittee
                                                                                        becomes aware of the
                                                                                        unanticipated bypass.
 
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Entities regulated by a NPDES permit will comply with all reporting requirements in their respective NPDES
  permit.
\2\ Use the ``NPDES Data Group Number'' in this table and the ``NPDES Data Group Number'' column in Table 2 of
  this appendix to identify the source of the required data entry. EPA notes that electronic systems may use
  additional data to facilitate electronic reporting as well as management and reporting of electronic data. For
  example, NPDES permittees may be required to enter their NPDES permit number (``NPDES ID''--NPDES Data Group 1
  and 2) into the applicable electronic reporting system in order to identify their permit and submit a
  Discharge Monitoring Report (DMR--NPDES Data Group 3). Additionally, NPDES regulated entities may be required
  to enter and submit data to update or correct erroneous data. For example, NPDES permittees may be required to
  enter new data regarding the Facility Individual First Name and Last Name (NPDES Data Group 1 and 2) with
  their DMR submission when there is a facility personnel change.
\3\ The applicable reporting frequency is specified in the NPDES permit or control mechanism, which may be more
  frequent than the minimum frequency specified in this table.


                                      Table 2--Required NPDES Program Data
----------------------------------------------------------------------------------------------------------------
                                                                  CWA, regulatory (40
             Data name                    Data description           CFR), or other       NPDES data group No.
                                                                        citation              (see Table 1)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Basic Permit Information
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Permit Component...................  This will identify one or   122.2, 122.21,         1, 2.
                                      more applicable NPDES       122.21(j)(6),
                                      subprograms (e.g.,          122.21(q),
                                      pretreatment, CAFO, CSO,    122.28(b)(2)(ii),
                                      POTW, biosolids/sewage      123.26, 123.41(a),
                                      sludge, stormwater) for     123.43(d), 403.10,
                                      the permit record. This     and 501.19.
                                      field is only required
                                      when the permit includes
                                      one or more NPDES
                                      subprograms. This data
                                      element is also required
                                      for unpermitted
                                      facilities when the
                                      authorized NPDES programs
                                      is required to share
                                      facility, inspection,
                                      violation, or enforcement
                                      action data regarding
                                      these facilities with
                                      EPA's national NPDES data
                                      system.
 
                                                  * * * * * * *
Applicable Effluent Limitations      This data element will      122.21, 122.21(j)(6),  1, 2, and 7.
 Guidelines.                          identify the one or more    122.21(q), 122.44,
                                      applicable effluent         122.44(j),
                                      limitations guidelines      122.28(b)(2)(ii),
                                      and new source              403.10(e),
                                      performance standards for   403.10(f), 403.12(i).
                                      the facility by the
                                      corresponding 40 CFR part
                                      number (e.g., part 414--
                                      Organic chemicals,
                                      plastics, and synthetic
                                      fibers point source
                                      category, part 433--Metal
                                      Finishing point source
                                      category). For
                                      Categorical Industrial
                                      Users (CIUs) this data
                                      element will track the
                                      one or more applicable
                                      categorical standards
                                      even when the CIU is
                                      subject to one or more
                                      local limits that are
                                      more stringent than the
                                      applicable categorical
                                      standards. This data
                                      element will also
                                      identify if there are no
                                      applicable effluent
                                      limitations guidelines,
                                      new source performance
                                      standards, or categorical
                                      standards for the
                                      facility (including
                                      Significant Industrial
                                      Users (SIUs)). This data
                                      element can be updated by
                                      the Control Authority for
                                      SIUs and CIUs through
                                      submission of the
                                      Pretreatment Program
                                      Reports [40 CFR
                                      403.12(i)]. Additionally,
                                      the authorized NPDES
                                      program can automate the
                                      creation of these data
                                      through submission of the
                                      Notices of Intent to
                                      discharge (NOI) [40 CFR
                                      122.28(b)(2)(ii)].
 

[[Page 11924]]

 
                                                  * * * * * * *
NAICS Code.........................  The one or more six-digit   40 CFR 122.21(f)(3),   1, 2, and 7.
                                      North American Industry     122.28(b)(2)(ii),
                                      Classification System       EPA SIC/NAICS Data
                                      (NAICS) codes/              Standard, Standard
                                      descriptions that           No. EX000022.2, 6
                                      represents the economic     January 2006, Office
                                      activity of the facility.   of Management and
                                      This field is required to   Budget, Executive
                                      be shared with the U.S.     Office of the
                                      EPA when authorized NPDES   President, Final
                                      programs approve NPDES      Decision on North
                                      permit coverage after       American Industry
                                      June 12, 2021 (i.e., two    Classification
                                      years after the effective   System (62 FR
                                      date of the 2019 NPDES      17288), 403.10(f).
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
NAICS Code Primary Indicator.......  This data element will      40 CFR 122.21(f)(3),   1, 2, and 7.
                                      identify the primary        122.28(b)(2)(ii),
                                      economic activity, NAICS    EPA SIC/NAICS Data
                                      code, of the facility.      Standard, Standard
                                      This data element is        No. EX000022.2, 6
                                      required for electronic     January 2006, Office
                                      data transfer between       of Management and
                                      state and EPA systems.      Budget, Executive
                                      This field is required to   Office of the
                                      be shared with the U.S.     President, Final
                                      EPA when authorized NPDES   Decision on North
                                      programs approve NPDES      American Industry
                                      permit coverage after       Classification
                                      June 12, 2021 (i.e., two    System (62 FR
                                      years after the effective   17288), 403.10(f).
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Permitted Feature Information
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Waterbody Name for Permitted         The name of the waterbody   122.21, 122.21(f)(9),  1,2.
 Feature.                             that is or will likely      122.28(b)(2)(ii).
                                      receive the discharge
                                      from each permitted
                                      feature. If the permitted
                                      feature is a cooling
                                      water intake structure,
                                      this data element is the
                                      name of the source water.
                                      Authorized NPDES programs
                                      can also use this data
                                      element to identify the
                                      name of the source water
                                      for other intake
                                      structures that are
                                      permitted features.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Animal Feeding Operation Information
----------------------------------------------------------------------------------------------------------------
Facility CAAP Status...............  The unique code/            122.21(i)(2), 122.24,  1,2.
                                      description to indicate     122.25,
                                      whether the facility        122.28(b)(2)(ii).
                                      includes Concentrated
                                      Aquatic Animal Production
                                      (CAAP) and the CAAP
                                      identification method
                                      [e.g., ``Yes (Based on
                                      Facility Production
                                      Data)'', ``Yes
                                      (Authorized NPDES Program
                                      Designation)'']. This
                                      field also applies when
                                      an authorized NPDES
                                      program has conducted an
                                      on-site inspection of an
                                      aquatic animal production
                                      facility and determined
                                      that the facility should
                                      not be regulated under
                                      the NPDES permit program
                                      [e.g., ``No (Authorized
                                      NPDES Program
                                      Determination)'']. This
                                      data element only applies
                                      to aquatic animal
                                      production facilities.
                                      This data element can be
                                      automatically generated
                                      from production data that
                                      is provided by aquatic
                                      animal production
                                      facilities.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                Cooling Water Intake Information on NPDES Permit Application or Notice of Intent
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Source Water for Cooling Purposes..           * * * * *          122.21(f)(9),                  * * * * *
                                                                  122.21(r),
                                                                  122.28(b)(2)(ii),
                                                                  125.86, 125.95,
                                                                  125.136, 401.14 and
                                                                  CWA section 316(b).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           NPDES Variance Information
----------------------------------------------------------------------------------------------------------------
Variance Type......................  The unique code(s)/         122.21(f)(10),         1.
                                      description(s) that         122.21(j)(1)(ix),
                                      describes the type for      122.28(b)(2)(ii),
                                      each variance request       123.41, subpart H of
                                      submitted by the NPDES-     125 and CWA section
                                      regulated entity [e.g.,     316(a).
                                      fundamentally different
                                      factors (CWA Section
                                      301(n)), non-conventional
                                      pollutants (CWA Section
                                      301(c) and (g)), water
                                      quality related effluent
                                      limitations (CWA Section
                                      302(b)(2)), thermal
                                      discharges (CWA Section
                                      316(a)), discharges to
                                      marine waters (CWA
                                      Section 301(h))]. This
                                      field is required to be
                                      shared with the U.S. EPA
                                      when authorized NPDES
                                      programs approve NPDES
                                      permit coverage after
                                      June 12, 2021 (i.e., two
                                      years after the effective
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.

[[Page 11925]]

 
Variance Request Version...........  The unique code(s)/         122.21(f)(10),         1.
                                      description(s) that         122.21(j)(1)(ix),
                                      describe whether each       122.28(b)(2)(ii),
                                      variance request from the   123.41, subpart H of
                                      NPDES-regulated entity is   125 and CWA section
                                      a new request, renewal,     316(a).
                                      or a continuance for
                                      variances that do not
                                      expire. This field is
                                      required to be shared
                                      with the U.S. EPA when
                                      authorized NPDES programs
                                      approve NPDES permit
                                      coverage after June 12,
                                      2021 (i.e., two years
                                      after the effective date
                                      of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Variance Status....................  The unique code(s)/         122.21(f)(10),         1.
                                      description(s) that         122.21(j)(1)(ix),
                                      describes the status for    122.28(b)(2)(ii),
                                      each the variance request   123.41, subpart H of
                                      submitted by the NPDES-     125 and CWA section
                                      regulated entity (e.g.,     316(a).
                                      pending, approved,
                                      denied, withdrawn by
                                      NPDES-regulated entity,
                                      terminated). This field
                                      is required to be shared
                                      with the U.S. EPA when
                                      authorized NPDES programs
                                      approve NPDES permit
                                      coverage after June 12,
                                      2021 (i.e., two years
                                      after the effective date
                                      of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Variance Submission Date...........  This is the date for each   122.21(f)(10),         1.
                                      variance request            122.21(j)(1)(ix),
                                      submitted by the NPDES-     122.28(b)(2)(ii),
                                      regulated entity to the     123.41, subpart H of
                                      NPDES permitting            125 and CWA section
                                      authority. The date must    316(a).
                                      be provided in YYYY-MM-DD
                                      format where YYYY is the
                                      year, MM is the month,
                                      and DD is the day. This
                                      field is required to be
                                      shared with the U.S. EPA
                                      when authorized NPDES
                                      programs approve NPDES
                                      permit coverage after
                                      June 12, 2021 (i.e., two
                                      years after the effective
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Variance Action Date...............  This is the date for each   122.21(f)(10),         1.
                                      variance request when the   122.21(j)(1)(ix),
                                      NPDES permitting            122.28(b)(2)(ii),
                                      authority approves          123.41, subpart H of
                                      (grants, renews), denies,   125 and CWA section
                                      or terminates a variance    316(a).
                                      request as well as the
                                      date when the NPDES-
                                      regulated entity
                                      withdraws the variance
                                      request. For variances
                                      that do not expire,
                                      entire the original
                                      action date. The date
                                      must be provided in YYYY-
                                      MM-DD format where YYYY
                                      is the year, MM is the
                                      month, and DD is the day.
                                      This field is required to
                                      be shared with the U.S.
                                      EPA when authorized NPDES
                                      programs approve NPDES
                                      permit coverage after
                                      June 12, 2021 (i.e., two
                                      years after the effective
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Public Notice of Section 316(a)               * * * * *                * * * * *                * * * * *
 Requests.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Compliance Monitoring Activity Information (Program Data Generated from Authorized NPDES Programs and EPA)
----------------------------------------------------------------------------------------------------------------
Deficiencies Identified Through the  This is the unique code/    123.26, 123.41(a),     1.
 Biosolids/Sewage Sludge Compliance   description that that       and CWA section 308.
 Monitoring.                          identifies each
                                      deficiency in the
                                      facility's biosolids and
                                      sewage sludge program (40
                                      CFR part 503) for each
                                      compliance monitoring
                                      activity (e.g.,
                                      inspections, audits) by
                                      the regulatory authority.
                                      This data element
                                      includes unique codes to
                                      identify when the
                                      facility failed to comply
                                      with any applicable
                                      permit requirements or
                                      enforcement actions.
Deficiencies Identified Through the  This is the unique code/    123.26, 123.41(a),     1.
 MS4 Compliance Monitoring.           description that that       and CWA section 308.
                                      identifies each
                                      deficiency in the MS4's
                                      program to control
                                      stormwater pollution for
                                      each compliance
                                      monitoring activity
                                      (e.g., inspections,
                                      audits) by the regulatory
                                      authority. This data
                                      element includes unique
                                      codes to identify when
                                      the MS4 failed to comply
                                      with any applicable
                                      permit requirements or
                                      enforcement actions.
Deficiencies Identified Through the  This is the unique code/    123.26, 123.41(a),     1.
 Pretreatment Compliance Monitoring.  description that that       403.10, and CWA
                                      identifies each             section 308.
                                      deficiency in the POTW's
                                      authorized pretreatment
                                      program for each
                                      pretreatment compliance
                                      monitoring activity
                                      (e.g., inspections,
                                      audits) by the regulatory
                                      authority. These unique
                                      codes include: (1)
                                      Failure to enforce
                                      against pass through and/
                                      or interference; (2)
                                      failure to submit
                                      required reports within
                                      30 days; (3) failure to
                                      meet compliance schedule
                                      milestones within 90
                                      days; (4) failure to
                                      issue/reissue control
                                      mechanisms to 90% of SIUs
                                      within 6 months; (5)
                                      failure to inspect or
                                      sample 80% of SIUs within
                                      the past 12 months; and
                                      (6) failure to enforce
                                      standards and reporting
                                      requirements.
Deficiencies Identified Through the  This is the unique code/    122.41(h),             1.
 Sewer Overflow/Bypass Compliance     description that that       122.41(l)(6) and
 Monitoring.                          identifies each             (7), 122.43, 123.26,
                                      deficiency in the POTW's    123.41(a), and CWA
                                      control of combined sewer   sections 308 and
                                      overflows, sanitary sewer   402(q)(1).
                                      overflows, or bypass
                                      events for each
                                      compliance monitoring
                                      activity (e.g.,
                                      inspections, audits) by
                                      the regulatory authority.
                                      This data element
                                      includes unique codes to
                                      identify when a POTW has
                                      failed to provide 24-hour
                                      notification to the NPDES
                                      permitting authority or
                                      failed to submit the
                                      Sewer Overflow/Bypass
                                      Event Report within the
                                      required 5-day period.
                                      This data element also
                                      includes unique codes to
                                      identify when the POTW
                                      failed to comply with any
                                      applicable long-term CSO
                                      control plan, permit
                                      requirements, or
                                      enforcement actions.
 

[[Page 11926]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Compliance Monitoring Activity Information (Data Elements Specific to Sewage Sludge/Biosolids Annual Program
                                                    Reports)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
Biosolids or Sewage Sludge--         This data element is        503.18, 503.28,        4.
 Violations.                          applicable to facilities    503.48.
                                      that use land
                                      application, active
                                      surface disposal site
                                      (e.g., monofills, surface
                                      impoundments, lagoons,
                                      waste piles, dedicated
                                      disposal sites, and
                                      dedicated beneficial use
                                      sites), and/or
                                      incineration. This data
                                      element uses one or more
                                      unique codes/descriptions
                                      to identify all
                                      violations. This includes
                                      violations of additional
                                      or more stringent
                                      requirements (40 CFR
                                      503.5), sampling and
                                      analysis requirements (40
                                      CFR 503.8), land
                                      application requirements
                                      (40 CFR 503, Subpart B),
                                      surface disposal
                                      requirements (40 CFR 503,
                                      Subpart C), pathogen and
                                      vector attraction
                                      reduction requirements
                                      (40 CFR 503, Subpart D),
                                      and incineration
                                      requirements (40 CFR 503,
                                      Subpart E).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Notes: (1) The NPDES program authority may pre-populate these data elements and other data elements (e.g.,
  Federal Registry System ID) in the NPDES electronic reporting systems in order to create efficiencies and
  standardization. For example, the NPDES program authority may configure their electronic reporting system to
  automatically generate NPDES IDs for control mechanisms for new facilities reported on a Pretreatment Program
  Report [40 CFR 403.12(i)]. Additionally, the NPDES program authority can decide whether to allow NPDES
  regulated entities to override these pre-populated data.
(2) The data elements in this table conform to EPA's policy regarding the application requirements for renewal
  or reissuance of NPDES permits for discharges from municipal separate storm sewer systems (see 61 FR 41698; 6
  August 1996).
(3) The data elements in this table are also supported by the Office Management and Budget approved permit
  applications and forms for the NPDES program.
(4) These data will allow EPA and the NPDES program authority to link facilities, compliance monitoring
  activities, compliance determinations, and enforcement actions. For example, these data will provide several
  ways to make the following linkages: linking violations to enforcement actions and final orders; linking
  single event violations and compliance monitoring activities; linking program reports to DMRs; linking program
  reports to compliance monitoring activities; and linking enforcement activities and compliance monitoring
  activities.

PART 403--GENERAL PRETREATMENT REGULATIONS FOR EXISTING AND NEW 
SOURCES OF POLLUTION

0
17. The authority citation for part 403 continues to read as follows:

    Authority:  33 U.S.C. 1251 et seq.

0
18. In Sec.  403.12, revise paragraphs (e)(1), (h), and (i) to read as 
follows:


Sec.  403.12   Reporting requirements for POTW's and industrial users.

* * * * *
    (e) * * * (1) Any Industrial User subject to a categorical 
Pretreatment Standard (except a Non-Significant Categorical User as 
defined in Sec.  403.3(v)(2)), after the compliance date of such 
Pretreatment Standard, or, in the case of a New Source, after 
commencement of the discharge into the POTW, shall submit to the 
Control Authority during the months of June and December, unless 
required more frequently in the Pretreatment Standard or by the Control 
Authority or the Approval Authority, a report indicating the nature and 
concentration of pollutants in the effluent which are limited by such 
categorical Pretreatment Standards. In addition, this report shall 
include a record of measured or estimated average and maximum daily 
flows for the reporting period for the Discharge reported in paragraph 
(b)(4) of this section except that the Control Authority may require 
more detailed reporting of flows. In cases where the Pretreatment 
Standard requires compliance with a Best Management Practice (or 
pollution prevention alternative), the User shall submit documentation 
required by the Control Authority or the Pretreatment Standard 
necessary to determine the compliance status of the User. At the 
discretion of the Control Authority and in consideration of such 
factors as local high or low flow rates, holidays, budget cycles, etc., 
the Control Authority may modify the months during which the above 
reports are to be submitted. For Industrial Users for which EPA or the 
authorized state, tribe, or territory is the Control Authority, as of 
December 21, 2023 or an EPA-approved alternative date (see 40 CFR 
127.24(e) or (f)), all reports submitted in compliance with this 
section must be submitted electronically by the industrial user to the 
Control Authority or initial recipient, as defined in 40 CFR 127.2(b), 
in compliance with this section and 40 CFR part 3 (including, in all 
cases, subpart D to part 3), 40 CFR 122.22, and 40 CFR part 127. 40 CFR 
part 127 is not intended to undo existing requirements for electronic 
reporting. Prior to this date, and independent of 40 CFR part 127, the 
Industrial Users for which EPA or the authorized state, tribe, or 
territory is the Control Authority may be required to report 
electronically if specified by a particular control mechanism or if 
required to do so by state law.
* * * * *
    (h) Reporting requirements for Industrial Users not subject to 
categorical Pretreatment Standards. The Control Authority must require 
appropriate reporting from those Industrial Users with Discharges that 
are not subject to categorical Pretreatment Standards. Significant Non-
categorical Industrial Users must submit to the Control Authority at 
least once every six months (on dates specified by the Control 
Authority) a description of the nature, concentration, and flow of the 
pollutants required to be reported by the Control Authority. In cases 
where a local limit requires compliance with a Best Management Practice 
or pollution prevention alternative, the User must submit documentation 
required by the Control Authority to determine the compliance status of 
the User. These reports must be based on sampling and analysis 
performed in the period covered by the report, and in accordance with 
the techniques described in 40 CFR part 136 of this chapter and 
amendments thereto. This sampling and analysis may be performed by the 
Control Authority in lieu of the significant non-categorical Industrial 
User. For Industrial Users for which EPA or the authorized state, 
tribe, or territory is the Control Authority, as of December 21, 2023 
or an EPA-approved alternative date (see 40 CFR

[[Page 11927]]

127.24(e) or (f)), all reports submitted in compliance with this 
section must be submitted electronically by the industrial user to the 
Control Authority or initial recipient, as defined in 40 CFR 127.2(b), 
in compliance with this section and 40 CFR part 3 (including, in all 
cases, subpart D to part 3), 40 CFR 122.22, and 40 CFR part 127. 40 CFR 
part 127 is not intended to undo existing requirements for electronic 
reporting. Prior to this date, and independent of 40 CFR part 127, the 
Industrial Users for which EPA or the authorized state, tribe, or 
territory is the Control Authority may be required to report 
electronically if specified by a particular control mechanism or if 
required to do so by state law.
    (i) Annual POTW reports. POTWs with approved Pretreatment Programs 
shall provide the Approval Authority with a report that briefly 
describes the POTW's program activities, including activities of all 
participating agencies, if more than one jurisdiction is involved in 
the local program. The report required by this section shall be 
submitted no later than one year after approval of the POTW's 
Pretreatment Program, and at least annually thereafter, and must 
include, at a minimum, the applicable required data in appendix A to 40 
CFR part 127. The report required by this section must also include a 
summary of changes to the POTW's pretreatment program that have not 
been previously reported to the Approval Authority and any other 
relevant information requested by the Approval Authority. As of 
December 21, 2023 or an EPA-approved alternative date (see 40 CFR 
127.24(e) or (f)), all annual reports submitted in compliance with this 
section must be submitted electronically by the POTW Pretreatment 
Program to the Approval Authority or initial recipient, as defined in 
40 CFR 127.2(b), in compliance with this section and 40 CFR part 3 
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22, 
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing 
requirements for electronic reporting. Prior to this date, and 
independent of 40 CFR part 127, the Approval Authority may also require 
POTW Pretreatment Programs to electronically submit annual reports 
under this section if specified by a particular permit or if required 
to do so by state law.
* * * * *

PART 503--STANDARDS FOR THE USE OR DISPOSAL OF SEWAGE SLUDGE

0
19. The authority citation for part 503 continues to read as follows:

    Authority:  Sections 405(d) and (e) of the Clean Water Act, as 
amended by Pub. L. 95-217, sec. 54(d), 91 Stat. 1591 (33 U.S.C. 
1345(d) and (e)); and Pub. L. 100-4, title IV, sec. 406(a), (b), 101 
Stat., 71, 72 (33 U.S.C. 1251 et seq.).

0
20. Revise Sec.  503.18 to read as follows:


Sec.  503.18   Reporting.

    Class I sludge management facilities, POTWs (as defined in Sec.  
501.2 of this chapter) with a design flow rate equal to or greater than 
one million gallons per day, and POTWs that serve 10,000 people or more 
shall submit a report on February 19 of each year. As of December 21, 
2016, all reports submitted in compliance with this section must be 
submitted electronically by the operator to EPA when the Regional 
Administrator is the Director in compliance with this section and 40 
CFR part 3 (including, in all cases, subpart D to part 3), 40 CFR 
122.22, and 40 CFR part 127. As of December 21, 2023, or an EPA-
approved alternative date (see 40 CFR 127.24(e) or (f)), all reports 
submitted in compliance with this section must be submitted 
electronically in compliance with this section and 40 CFR part 3 
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22, 
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing 
requirements for electronic reporting. Prior to the compliance 
deadlines for electronic reporting (see Table 1 in 40 CFR 127.16), the 
Director may also require operators to electronically submit annual 
reports under this section if required to do so by state law.
    (a) The information in Sec.  503.17(a), except the information in 
Sec.  503.17 (a)(3)(ii), (a)(4)(ii) and in (a)(5)(ii), for the 
appropriate requirements on February 19 of each year.
    (b) The information in Sec.  503.17(a)(5)(ii)(A) through 
(a)(5)(ii)(G) on February 19th of each year when 90 percent or more of 
any of the cumulative pollutant loading rates in Table 2 of Sec.  
503.13 is reached at a land application site.
0
21. Revise Sec.  503.28 to read as follows:


Sec.  503.28   Reporting.

    Class I sludge management facilities, POTWs (as defined in 40 CFR 
501.2) with a design flow rate equal to or greater than one million 
gallons per day, and POTWs that serve 10,000 people or more shall 
submit a report on February 19 of each year. As of December 21, 2016, 
all reports submitted in compliance with this section must be submitted 
electronically by the operator to EPA when the Regional Administrator 
is the Director in compliance with this section and 40 CFR part 3 
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22, 
and 40 CFR part 127. As of December 21, 2023, or an EPA-approved 
alternative date (see 40 CFR 127.24(e) or (f)), all reports submitted 
in compliance with this section must be submitted electronically in 
compliance with this section and 40 CFR part 3 (including, in all 
cases, subpart D to 40 CFR part 3), 40 CFR 122.22, and 40 CFR part 127. 
40 CFR part 127 is not intended to undo existing requirements for 
electronic reporting. Prior to the compliance deadlines for electronic 
reporting (see Table 1 in 40 CFR 127.16), the Director may also require 
operators to electronically submit annual reports under this section if 
required to do so by state law.
0
22. Revise Sec.  503.48 to read as follows:


Sec.  503.48   Reporting.

    Class I sludge management facilities, POTWs (as defined in Sec.  
501.2 of this chapter) with a design flow rate equal to or greater than 
one million gallons per day, and POTWs that serve a population of 
10,000 people or greater shall submit a report on February 19 of each 
year. As of December 21, 2016, all reports submitted in compliance with 
this section must be submitted electronically by the operator to EPA 
when the Regional Administrator is the Director in compliance with this 
section and 40 CFR part 3 (including, in all cases, subpart D to 40 CFR 
part 3), 40 CFR 122.22, and 40 CFR part 127. As of December 21, 2023, 
or an EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all 
reports submitted in compliance with this section must be submitted 
electronically in compliance with this section and 40 CFR part 3 
(including, in all cases, subpart D to part 3), 40 CFR 122.22, and 40 
CFR part 127. 40 CFR part 127 is not intended to undo existing 
requirements for electronic reporting. Prior to the compliance 
deadlines for electronic reporting (see Table 1 in 40 CFR 127.16), the 
Director may also require operators to electronically submit annual 
reports under this section if required to do so by state law.

[FR Doc. 2020-02889 Filed 2-27-20; 8:45 am]
 BILLING CODE 6560-50-P