(including the required data elements in appendix A to part 127).
* * * * *

0
18. Amend Sec.  123.25 by revising paragraph (a)(46) and the note
immediately following it to read as follows:

Sec.  123.25  Requirements for permitting.

    (a) * * *
    (46) 40 CFR part 3 (Cross-Media Electronic Reporting Regulation)
and 40 CFR part 127 (NPDES Electronic Reporting Requirements).
    Note to paragraph (a): Except for paragraph (a)(46) of this
section, states need not implement provisions identical to the above
listed provisions. Implemented provisions must, however, establish
requirements at least as stringent as the corresponding listed
provisions. While States may impose more stringent requirements, they
may not make one requirement more lenient as a tradeoff for making
another requirement more stringent; for example, by requiring that
public hearings be held prior to issuing any permit while reducing the
amount of advance notice of such a hearing.
    State programs may, if they have adequate legal authority,
implement any of the provisions of parts 122 and 124. See, for example,
Sec. Sec.  122.5(d) (continuation of permits) and 124.4 (consolidation
of permit processing) of this chapter.
    For example, a State may impose more stringent requirements in an
NPDES program by omitting the upset provision of Sec.  122.41 of this
chapter or by requiring more prompt notice of an upset.
* * * * *

0
19. Amend Sec.  123.26 by:
0
a. Revising the introductory text in paragraph (b) and paragraphs
(b)(1), (b)(2)(iii), and (e)(1).
0
b. Removing the word ``and'' after semicolon in paragraph (b)(2)(ii).
0
c. Adding paragraphs (b)(2)(iv) and (f).
    The revisions and additions read as follows:

Sec.  123.26  Requirements for compliance evaluation programs.

* * * * *
    (b) State programs shall have inspection and surveillance
procedures to determine, independent of information supplied by
regulated persons, compliance or noncompliance with applicable program
requirements. The State shall implement and maintain:
    (1) An automated, computerized system which is capable of
identifying and tracking all facilities and activities subject to the
State Director's authority and any instances of noncompliance with
permit or other program requirements (e.g., identifying noncompliance
with an automated, computerized program to compare permit limits to
reported measurements). State programs must maintain a management
information system which supports the compliance evaluation activities
of this part (e.g., source inventories; compliance determinations based
upon discharge monitoring reports, other submitted reports, and
determinations of noncompliance made from inspection or document
reviews; and subsequent violation notices, enforcement actions, orders,
and penalties) and complies with 40 CFR part 3 (Cross-Media Electronic
Reporting Regulation) and 40 CFR part 127 (NPDES Electronic Reporting
Requirements). State programs may use EPA's national NPDES data system
for their automated, computerized system;
    (2) * * *
    (iii) Verify the adequacy of sampling, monitoring, and other
methods used by permittees and other regulated persons to develop that
information; and
    (iv) Protect surface waters and public health.
* * * * *
    (e) * * *
    (1) Maintaining an automated, computerized system which is capable
of managing the comprehensive electronic inventory of all sources
covered by NPDES permits and

generating an electronic schedule of reports required to be submitted
by permittees to the State agency. (Note: State programs may use EPA's
national NPDES data system for their automated, computerized system.);
* * * * *
    (f) A state, tribe, or territory that is designated by EPA as an
initial recipient of electronic NPDES information, as defined in Sec.
127.2 of this chapter, must maintain the data it collects and
electronically transfer the minimum set of NPDES data to EPA through
timely data transfers in compliance with all requirements of 40 CFR
parts 3 and 127 (including the required data elements in appendix A to
part 127). Timely means that the authorized state, tribe, or territory
submits these data transfers (see the data elements in appendix A to 40
CFR part 127) to EPA within 40 days of when the state, tribe, or
territory completed the activity or received a report submitted by a
regulated entity. For example, the data regarding a state inspection of
an NPDES-regulated entity that is finalized by the state on October 5th
must be electronically transferred to EPA no later than November 14th
of that same year (e.g., 40 days after October 5th). EPA must become
the initial recipient of electronic NPDES information from NPDES-
regulated entities if the state, tribe, or territory does not
consistently maintain these timely data transfers or does not comply
with 40 CFR parts 3 and 127. See 40 CFR 127.2(b) and 127.27 regarding
the initial recipient.

0
20. Amend Sec.  123.41 by revising paragraph (a) to read as follows:

Sec.  123.41  Sharing of information.

    (a) Any information obtained or used in the administration of a
State program shall be available to EPA upon request without
restriction. This includes the timely data transfers in compliance with
all requirements of 40 CFR parts 3 and 127 (including the required data
elements in appendix A to part 127). If the information has been
submitted to the State under a claim of confidentiality, the State must
submit that claim to EPA when providing information under this section.
Any information obtained from a State and subject to a claim of
confidentiality will be treated in compliance with the regulations in
40 CFR part 2. If EPA obtains information from an authorized state
NPDES program, which is not claimed to be confidential, EPA may make
that information available to the public without further notice. Timely
means that the authorized state, tribe, or territory submits these data
transfers (see the data elements in appendix A to 40 CFR part 127) to
EPA within 40 days of when the state, tribe, or territory completed the
activity or received a report submitted by a regulated entity. For
example, the data regarding a state inspection of an NPDES-regulated
entity that is finalized by the state on October 5th must be
electronically transferred to EPA no later than November 14th of that
same year (e.g., 40 days after October 5th). EPA must become the
initial recipient of electronic NPDES information from NPDES-regulated
entities if the state, tribe, or territory does not consistently
maintain these timely data transfers or does not comply with 40 CFR
parts 3 and 127. See 40 CFR 127.2(b) and 127.27 regarding the initial
recipient.
* * * * *

0
21. Amend Sec.  123.43 by revising paragraph (d) to read as follows:

Sec.  123.43  Transmission of information to EPA.

* * * * *
    (d) Any State permit program shall keep such records and submit to
the Administrator such information as the Administrator may reasonably
require to ascertain whether the State program complies with the
requirements of the CWA or of this part. This includes the timely data
transfers in compliance with all requirements of 40 CFR part 127
(including the required data elements in appendix A to part 127).

0
22. Revise Sec.  123.45 to read as follows:

Sec.  123.45  Noncompliance and program reporting by the Director.

    As of December 21, 2021 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) NPDES noncompliance reports (NNCR)--quarterly. EPA must produce
an online report on a quarterly basis with the minimum content
specified here. The Director must electronically submit timely,
accurate, and complete data to EPA that allows EPA to prepare these
quarterly NNCRs.
    (1) Content. The NNCR must include the following information:
    (i) A facility specific list of NPDES-regulated entities in
violation, including non-POTWs, POTWs, Federal permittees, major
facilities, and nonmajor facilities, as well as a list of CWA point
sources that did not obtain NPDES permits authorizing discharges of
pollutants to waters of the United States.
    (ii) For each identified NPDES-regulated entity in violation of the
Clean Water Act:
    (A) The name, location, and permit number or other identification
number, if a permit does not exist.
    (B) Information describing identified violation(s) that occurred in
that quarter, including the date(s) on which violation(s) started and
ended (if applicable). Where applicable, the information must indicate
the pipe, parameter, and the effluent limit(s) violated. Violations
must be classified as Category I and II as described in paragraph
(a)(2) of this section.
    (C) The date(s) and type of formal enforcement and written informal
enforcement action(s) taken by the Director to respond to violation(s),
including any penalties assessed.
    (D) The status of the violation(s) (e.g., corrected or continuing,
and the date that the violation(s) was resolved), which can be reported
by linking violations to specific enforcement actions, or tracking
noncompliance end dates.
    (E) Any optional details that may help explain the instance(s) of
noncompliance as provided by the Director or EPA.
    (F) All violations must be reported in successive quarterly reports
until the violation(s) is documented as being corrected (i.e., the
regulated entity is no longer in violation). After a violation is
reported as corrected in the NNCR, that particular violation will not
continue to appear in subsequent quarterly reports, although it will
appear in the relevant annual report.
    (G) If the permittee or discharger is in compliance with an
enforcement order (e.g., permittee is completing the necessary upgrades
to its existing wastewater treatment system in accordance with the
schedule in the enforcement order), and has no new, additional
violation(s), the compliance status must be reported as ``resolved
pending'' in the NNCR. The permittee/discharger will continue to be
listed on the NNCR until the violation(s) is documented as being
corrected.
    (2) Violation classifications. A violation must be classified as
``Category I Noncompliance'' if one or more of the criteria set forth
below are met.
    (i) Reporting violations. These include failure to submit a
complete, required report (e.g., final compliance schedule progress
report, discharge monitoring report, annual report) within 30 days
after the date established in a permit, administrative or judicial
order, or regulation. In addition, these also include any failure to
comply with the

reporting requirements at 40 CFR 122.41(l)(6).
    (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) Effluent limits. These include violations of interim or final
effluent limits established in a permit, administrative or judicial
enforcement order, or regulation that exceed the ``Criteria for
Noncompliance Reporting in the NPDES Program'' in appendix A to Sec.
123.45.
    (iv) Compliance schedule violations. These include violations of
any requirement or condition in permits, or administrative or judicial
enforcement orders, excluding reporting violations, compliance
construction milestones and effluent limits.
    (v) Non-numeric effluent limit violations. These include violations
of non-numeric effluent limits (e.g., violations of narrative permit
requirements or requirements to implement best management practices)
that caused or could cause water quality impacts. Examples of such
impacts on water quality include, but are not limited to, unauthorized
discharges that may have caused or contributed to exceedances in water
quality standards, fish kills, oil sheens, beach closings, fishing
bans, restrictions on designated uses, and unauthorized bypass or pass
through or interference with the operations of a POTW (see 40 CFR
403.3).
    (vi) Other violations. These include any violation or group of
violations, which in the discretion of the Director or EPA, are
considered to be of concern. These violations include repeat violations
by a specific point source, geographic clusters of violations,
corporations with violations at multiple facilities, or industrial
sectors with identified patterns of violation that have a cumulative
impact on water quality, but otherwise would not meet Category I
criteria. EPA must determine whether to issue policy or guidance to
provide more specificity on identifying these types of violations and
how to report them.
    (vii) All other types of noncompliance that do not meet the
criteria for Category I Noncompliance must be classified as ``Category
II Noncompliance.''
    (3) EPA must provide an easy-to-use interface to facilitate public
access, use, and understanding of the NNCR, including the ability to
sort violations by duration, severity, frequency, detection method
(e.g., self-reported effluent, monitoring, inspection), flow and
pollutant loadings, type of discharger, waterbody receiving the
discharge, proximity to impaired waters, and category of violation (I
or II). EPA must exclude from public release any confidential business
information or enforcement-sensitive information associated with the
NNCR.
    (b) NPDES noncompliance reports--annual summary (annual). EPA must
prepare annual public reports that provide a summary of compliance
monitoring and enforcement activities within each state, tribe, and
territory, as well as summary information on violations identified in
the four quarterly NNCRs for that federal fiscal year. EPA must provide
these annual reports by no later than March 1st of the following year.
    (1) Facility types covered by reports. EPA must produce, at a
minimum, Annual Summary Reports for the following universes:
Individually-permitted NPDES-regulated entities; all other NPDES-
regulated entities that are not individually permitted; Clean Water Act
point sources that had unauthorized discharge(s) of pollutants to
waters of the US; and a combined report that includes totals across all
three reports above. Individually-permitted facilities are defined in
this subsection as those permits that are unique to the permittee, that
include permitted effluent limits, and require the submission of
discharge monitoring reports.
    (2) Content of reports. Reports must include applicable data for
NPDES-regulated entities:
    (i) The number of NPDES permittees;
    (ii) The number inspected by on-site inspections;
    (iii) The number reviewed in which permitted limits were compared
to measured data to determine violations;
    (iv) The number evaluated by other, off-site compliance monitoring
activities;
    (v) The number with any violations;
    (vi) The number with Category I violations;
    (vii) The number receiving paper or electronic written informal
enforcement actions;
    (viii) The total number receiving formal enforcement actions with a
compliance schedule;
    (ix) The total number receiving a penalty assessment;
    (x) The total amount of penalties assessed; and
    (xi) The number of permit modifications extending compliance
deadlines more than one year.
    (c) Schedule for producing NNCR quarterly information. (1) The
Director has until 45 days from the end of the calendar quarter to
update or correct NPDES data submissions in EPA's national NPDES data
system for events that occurred within that calendar quarter covered by
the NNCR.
    (2) EPA must publish the NNCR in electronic form to be easily
accessible and available to the public within two months after the end
date of the calendar quarter:

                     EPA Schedule for Quarterly NNCR
------------------------------------------------------------------------
                                           EPA NNCR publication date for
            Calendar quarter                     calendar quarter
------------------------------------------------------------------------
January, February, March................  May 31.
April, May, June........................  August 31.
July, August, September.................  November 30.
October, November, and December.........  Last Day in February.
------------------------------------------------------------------------

Appendix A to Sec.  123.45--Criteria for Category I Noncompliance
Reporting in the NPDES Program

    This appendix describes the criteria for reporting Category I
violations of NPDES permit effluent limits in the NPDES non-
compliance report (NNCR) as specified under paragraph (a)(2)(C) 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 limits 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 reporting effluent violations are as
follows:

a. Reporting Criteria for Category I Violations of Monthly Average
Permit Limits--Magnitude and Frequency

    Violations of monthly average effluent limits which exceed or
equal the product of the Technical Review Criteria (TRC) times the
effluent limit, and occur two months in a six- month period must be
reported. TRCs are for two groups of pollutants.

Group I Pollutants--TRC=1.4
Group II Pollutants--TRC=1.2

b. Reporting Criteria for Chronic Violations of Monthly Average Limits

    Chronic violations must be reported in the NNCR if the monthly
average permit limits are exceeded any four months in a six-month
period. These criteria apply to all Group I and Group II pollutants.

Group I Pollutants--TRC=1.4

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--TRC=1.2

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.
0
23. Add part 127 to read as follows:
    PART 127--NPDES ELECTRONIC REPORTING
Subpart A--General
Sec.
127.1 Purpose and scope.
127.2 Definitions.
Subpart B--Electronic Reporting of NPDES Information From NPDES-
Regulated Facilities
127.11 Types of data to be reported electronically by NPDES
permittees, facilities, and entities subject to this part [see Sec.
127.1(a)].
127.12 Signature and certification standards for electronic
reporting.
127.13 Requirements regarding quality assurance and quality control.
127.14 Requirements regarding timeliness, accuracy, completeness,
and national consistency.
127.15 Waivers from electronic reporting.
127.16 Implementation of electronic reporting requirements for NPDES
permittees, facilities, and entities subject to this part [see Sec.
127.1(a)].
Subpart C--Responsibilities of EPA and States, Tribes, and Territories
Authorized to Implement the NPDES Program
127.21 Data to be reported electronically to EPA by states, tribes,
and territories.
127.22 Requirements regarding quality assurance and quality control.
127.23 Requirements regarding timeliness, accuracy, completeness,
and national consistency.
127.24 Responsibilities regarding review of waiver requests from
NPDES permittees, facilities, and entities subject to this part [see
Sec.  127.1(a)].
127.25 Time for states, tribes, and territories to revise existing
programs.
127.26 Implementation plan (authorized states, tribes, and
territories).
127.27 Procedure for determining initial recipient of electronic
NPDES information.
Appendix A to Part 127--Minimum Set of NPDES Data

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

Subpart A--General

Sec.  127.1  Purpose and scope.

    (a) This part, in conjunction with the NPDES reporting requirements
specified in 40 CFR parts 122, 123, 124, 125, 403, 501, and 503,
specifies the requirements for:
    (1) Electronic reporting of information by NPDES permittees;
    (2) Facilities or entities seeking coverage under NPDES general
permits;
    (3) Facilities or entities submitting stormwater certifications or
waivers from NPDES permit requirements;
    (4) Industrial users located in municipalities without approved
local pretreatment programs;
    (5) Approved pretreatment programs;
    (6) Facilities or entities regulated by the Federal sewage sludge/
biosolids program; and
    (7) EPA and the states, tribes, or territories that have received
authorization from EPA to implement the NPDES program. This part, in
conjunction with 40 CFR parts 123, 403, and 501, also specifies the
requirements for electronic reporting of NPDES information to EPA by
the states, tribes, or territories that have received authorization
from EPA to implement the NPDES program.
    (b) These regulations are not intended to preclude states, tribes,
or territories authorization from EPA to implement the NPDES program
from developing and using their own NPDES data systems. However, these
states, tribes, and territories must ensure that the required minimum
set of NPDES data (appendix A of this part) is electronically
transferred to EPA in a timely, accurate, complete, and nationally-
consistent manner fully compatible with EPA's national NPDES data
system.
    (c) Under 10 U.S.C. 130e, the Secretary of Defense may exempt
Department of Defense ``critical infrastructure security information''
from disclosure under the Freedom of Information Act (FOIA). NPDES
program data designated as critical infrastructure security information
in response to a FOIA request will be withheld from the public. In the
instance where an NPDES program data element for a particular facility
is designated as critical infrastructure security information in
response to a FOIA request, a separate filtered set of data without the
redacted information will be shared with the public; however, all NPDES
program data will continue to be provided to EPA and the authorized
state, tribe, or territory NPDES program.
    (d) Proper collection, management, and sharing of the data and
information listed in appendix A ensures that there is timely,
complete, accurate, and nationally-consistent set of data about the
NPDES program.

Sec.  127.2  Definitions.

    (a) The definitions in 40 CFR parts 122, 123, 124, 125, 403, 501
and 503 apply to all subparts of this part.
    (b) Initial recipient of electronic NPDES information from NPDES-
regulated facilities (initial recipient) means the entity (EPA or the
state, tribe, or territory authorized by EPA to implement the NPDES
program) that is the designated entity for receiving electronic NPDES
data. Section 127.27 outlines the process for designating the initial
recipient of electronic NPDES information from NPDES-regulated
facilities. EPA must become the initial recipient of electronic NPDES
information from NPDES-regulated facilities if the state, tribe, or
territory does not collect the data required in appendix A to this part
and does not consistently maintain timely, accurate, complete, and
consistent data transfers in compliance with this part and 40 CFR part
3. Timely means that the authorized state, tribe, or territory submits
these data transfers (see the data elements in appendix A to this part)
to EPA within 40 days of when the authorized program completed the
activity or received a report submitted by a regulated entity. For
example, the data regarding a state inspection of an NPDES-regulated
entity that is finalized by the state on October 5th must be
electronically transferred to EPA no

later than November 14th of that same year (e.g., 40 days after October
5th).
    (c) NPDES data group means the group of related data elements
identified in Table 1 in appendix A to this part. These NPDES data
groups have similar regulatory reporting requirements and have similar
data sources.
    (d) NPDES program means the National Pollutant Discharge
Elimination System (Clean Water Act section 402); the Federal Sewage
Sludge (Biosolids) Program (Clean Water Act section 405); and the
Federal Pretreatment Program (Clean Water Act section 307(b); 40 CFR
part 403). EPA can implement the NPDES program or authorize states,
tribes, and territories to implement the NPDES program (``authorized
NPDES program''). Identifying the relevant authority must be done for
each NPDES subprogram (e.g., NPDES core program, federal facilities,
general permits, pretreatment, and sewage sludge/biosolids).
    (e) Minimum set of NPDES data means the data and information listed
in appendix A to this part.
    (f) Program reports means the information reported by NPDES-
regulated entities and listed in Table 1 of appendix A to this part
(except NPDES Data Groups 1, 2, and 3).
    (g) Hybrid approach is a method that the initial recipient [as
defined in paragraph (b) of this section] may elect to use for
construction stormwater general permit reports [Notices of Intent to
discharge (NOIs); Notices of Termination (NOTs); No Exposure
Certifications (NOEs); Low Erosivity Waivers (LEWs)] [40 CFR
122.26(b)(15), 122.28 and 122.64] in order to demonstrate compliance
with this part. This alternative compliance method allows the initial
recipient (the authorized state, tribe, territory or EPA) to use a non-
CROMERR electronic submission along with a uniquely matched paper
submission, to reflect conditions at construction sites. Specifically,
this approach allows the initial recipient to use data capture
technologies to collect construction stormwater general permit reports.
For example, under this approach the initial recipient may allow
construction operators to complete an electronic construction
stormwater general permit report, which simultaneously produces a paper
copy of the report and electronically transmits a copy of the data from
the report to the authorized NPDES program. Under this approach the
construction operator must sign and date the paper copy of the
construction stormwater general permit report with a ``wet-ink''
signature and this paper document will be the copy of record. Under
this approach the initial recipient must have the ability to
definitively and uniquely link the signed and dated paper document with
the electronic submission from the facility or entity (e.g., use of a
unique code or mark on the signed and dated paper document that is also
embedded in the electronic submission). Under this approach the initial
recipient may also use automated data capture technologies (e.g.,
Optical Character Recognition), which allow construction operators to
submit their general permit reports to the initial recipient on paper
with a ``wet-ink'' signature and date in a structured format that
allows for easy data importation into the initial recipient's NPDES
data system.
    (h) NPDES-regulated entity means any entity regulated by the NPDES
program.

Subpart B--Electronic Reporting of NPDES Information From NPDES-
Regulated Facilities

Sec.  127.11  Types of data to be reported electronically by NPDES
permittees, facilities, and entities subject to this part [see Sec.
127.1(a)].

    (a) NPDES-regulated entities must electronically submit the minimum
set of NPDES data for these NPDES reports (if such reporting
requirements are applicable). The following NPDES reports are the
source of the minimum set of NPDES data from NPDES-regulated entities:
    (1) Discharge Monitoring Report [40 CFR 122.41(l)(4)];
    (2) Sewage Sludge/Biosolids Annual Program Report [40 CFR part
503];
    (3) Concentrated Animal Feeding Operation (CAFO) Annual Program
Report [40 CFR 122.42(e)(4)];
    (4) Municipal Separate Storm Sewer System (MS4) Program Report [40
CFR 122.34(g)(3) and 122.42(c)];
    (5) Pretreatment Program Annual Report [40 CFR 403.12(i)];
    (6) Sewer Overflow and Bypass Incident Event Report [40 CFR
122.41(l)(6) and (7)]; and
    (7) CWA section 316(b) Annual Reports [40 CFR part 125, subpart J].
    (b) Facilities or entities seeking coverage under or termination
from NPDES general permits and facilities or entities submitting
stormwater certifications or waivers from NPDES permit requirements
[see Exhibit 1 to 40 CFR 122.26(b)(15) and (g)] must electronically
submit the minimum set of NPDES data for the following notices,
certifications, and waivers (if such reporting requirements are
applicable):
    (1) Notice of intent (NOI) to discharge by facilities seeking
coverage under a general NPDES permit (rather than an individual NPDES
permit), as described in 40 CFR 122.28(b)(2);
    (2) Notice of termination (NOT), as described in 40 CFR 122.64;
    (3) No exposure certification (NOE), as described in 40 CFR
122.26(g)(1)(iii); and
    (4) Low erosivity waiver (LEW) and another waiver as described in
Exhibit 1 to 40 CFR 122.26(b)(15).
    (c) Industrial users located in municipalities without approved
local pretreatment programs must electronically submit the minimum set
of NPDES data for the following self-monitoring reports (if such
reporting requirements are applicable):
    (1) Periodic reports on continued compliance, as described in 40
CFR 403.12(e); and
    (2) Reporting requirements for Industrial Users not subject to
categorical Pretreatment Standards, as described in 40 CFR 403.12(h).
    (d) The minimum set of NPDES data for NPDES-regulated facilities is
identified in appendix A to this part.

Sec.  127.12  Signature and certification standards for electronic
reporting.

    The signatory and certification requirements identified in 40 CFR
part 3 (including, in all cases, subpart D to part 3), Sec.  122.22,
and 40 CFR 403.12(l) must also apply to electronic submissions of NPDES
information (see Sec.  127.11) by NPDES permittees, facilities, and
entities subject to this part [see Sec.  127.1(a)].

Sec.  127.13  Requirements regarding quality assurance and quality
control.

    (a) Responsibility for the quality of the information provided
electronically in compliance with this part by the NPDES permittees,
facilities, and entities subject to this part [see Sec.  127.1(a)]
rests with the owners and operators of those facilities or entities.
NPDES permittees, facilities, and entities subject to this part must
use quality assurance and quality control procedures to ensure the
quality of the NPDES information submitted in compliance with this
part.
    (b) NPDES permittees, facilities, and entities subject to this part
must electronically submit their NPDES information in compliance with
the data quality requirements specified in Sec.  127.14. NPDES
permittees, facilities, and entities subject to this part must
electronically submit their NPDES information unless a waiver is
granted in compliance with this part (see Sec. Sec.  127.15 and
127.24).

Sec.  127.14  Requirements regarding timeliness, accuracy,
completeness, and national consistency.

    NPDES permittees, facilities, and entities subject to this part
[see Sec.  127.1(a)] must comply with all requirements in this part and
electronically submit the minimum set of NPDES data in the following
nationally-consistent manner:
    (a) Timely. Electronic submissions of the minimum set of NPDES data
to the appropriate initial recipient, as defined in Sec.  127.2(b),
must be timely.
    (1) Measurement data (including information from discharge
monitoring reports, self-monitoring data from industrial users located
outside of approved local pretreatment programs, and similar self-
monitoring data). The electronic submission of these data is due when
that monitoring information is required to be reported in compliance
with statutes, regulations, the NPDES permit, another control
mechanism, or an enforcement order.
    (2) Program report data. The electronic submission of this data is
due when that program report data is required to be reported in
compliance with statutes, regulations, the NPDES permit, another
control mechanism, or an enforcement order.
    (b) Accurate. Electronic submissions of the minimum set of NPDES
data must be identical to the actual measurements taken by the owner,
operator, or their duly authorized representative;
    (c) Complete. Electronic submission of the minimum set of NPDES
data must include all required data (see appendix A to this part) and
these electronic submissions must be sent to the NPDES data system of
the initial recipient, as defined in Sec.  127.2(b); and
    (d) Consistent. Electronic submissions of the minimum set of NPDES
data must be compliant with EPA data standards as set forth in this
part and in a form (including measurement units) and be fully
compatible with EPA's national NPDES data system.

Sec.  127.15  Waivers from electronic reporting.

    (a) NPDES permittees, facilities, and entities subject to this part
[see Sec.  127.1(a)] must electronically submit the minimum set of
NPDES data in compliance with this part, 40 CFR part 3 (including, in
all cases, subpart D to part 3), 40 CFR 122.22, and 40 CFR 403.12(l)
unless a waiver is granted in compliance with this section and Sec.
127.24.
    (b) Temporary waivers from electronic reporting may be granted by
the authorized NPDES program (EPA, or states, territories, and tribes
that have received authorization to implement the NPDES program), in
compliance with this section and Sec.  127.24, to NPDES permittees,
facilities, and entities subject to this part [see Sec.  127.1(a)].
    (1) Each temporary waiver must not extend beyond five years.
However, NPDES-regulated entities may re-apply for a temporary waiver.
It is the duty of the owner, operator, or duly authorized
representative of the NPDES permittee, facility, and entity subject to
this part [see Sec. Sec.  122.22 of this chapter and 127.1(a)] to re-
apply for a new temporary waiver. Authorized NPDES programs cannot
grant a temporary waiver to an NPDES-regulated entity without first
receiving a temporary waiver request from the NPDES-regulated entity.
    (2) To apply for a temporary waiver, the owner, operator, or duly
authorized representative of the NPDES permittee, facility, and entity
subject to this part [see Sec. Sec.  122.22 of this chapter and
127.1(a)] must submit the following information to their authorized
NPDES program:
    (i) Facility name;
    (ii) NPDES permit number (if applicable);
    (iii) Facility address;
    (iv) Name, address and contact information for the owner, operator,
or duly authorized facility representative;
    (v) Brief written statement regarding the basis for claiming such a
temporary waiver; and
    (vi) Any other information required by the authorized NPDES
program.
    (3) The authorized NPDES program will determine whether to grant a
temporary waiver. The authorized NPDES program must provide notice to
the owner, operator, or duly authorized facility representative
submitting a temporary waiver request, in compliance with the
requirements of Sec.  127.24.
    (4) NPDES permittees, facilities, and entities subject to this part
[see Sec.  127.1(a)] that have received a temporary waiver must
continue to provide the minimum set of NPDES data (as well as other
required information in compliance with statutes, regulations, the
NPDES permit, another control mechanism, or an enforcement order) in
hard-copy format to the authorized NPDES program. The authorized NPDES
program must electronically transfer these data to EPA in accordance
with subpart C of this part.
    (5) An approved temporary waiver is not transferrable.
    (c) Permanent waivers from electronic reporting may be granted by
the authorized NPDES program (EPA, or states, territories, and tribes
that have received authorization to implement the NPDES program), in
compliance accordance with this section and Sec.  127.24, to NPDES
permittees, facilities, and entities subject to this part [see Sec.
127.1(a)].
    (1) Permanent waivers are only available to facilities and entities
owned or operated by members of religious communities that choose not
to use certain modern technologies (e.g., computers, electricity).
Authorized NPDES programs cannot grant a permanent waiver to an NPDES-
regulated entity without first receiving a permanent waiver request
from the NPDES-regulated entity.
    (2) To apply for a permanent waiver, the owner, operator, or duly
authorized representative of the NPDES permittee, facility, and entity
subject to this part [see Sec. Sec.  122.22 of this chapter and
127.1(a)] must submit the information listed in Sec.  127.15(b)(2) to
their authorized NPDES program.
    (3) An approved permanent waiver is not transferrable.
    (4) NPDES permittees, facilities, and entities subject to this part
[see Sec.  127.1(a)] that have received a permanent waiver must
continue to provide the minimum set of NPDES data (as well as other
required information in compliance with statutes, regulations, the
NPDES permit, another control mechanism, or an enforcement order) in
hard-copy format to the authorized NPDES program. The authorized NPDES
program must electronically transfer these data to EPA in accordance
with subpart C of this part.
    (d) Episodic waivers from electronic reporting may be granted by
the authorized NPDES program (EPA, or states, territories, and tribes
that have received authorization to implement the NPDES program) or the
initial recipient, as defined in Sec.  127.2(b), in compliance
accordance with this section and Sec.  127.24, to NPDES permittees,
facilities, and entities subject to this part [see Sec.  127.1(a)]. The
following conditions apply to episodic waivers.
    (1) No waiver request from the NPDES permittee, facility or entity
is required to obtain an episodic waiver from electronic reporting.
    (2) Episodic waivers are not transferrable.
    (3) Episodic waivers cannot last more than 60 days.
    (4) The authorized NPDES program or initial recipient will decide
if the episodic waiver provision allows facilities and entities to
delay their electronic submissions or to send hardcopy (paper)
submissions. Episodic waivers are only available to facilities

and entities in the following circumstances:
    (i) Large scale emergencies involving catastrophic circumstances
beyond the control of the facilities, such as forces of nature (e.g.,
hurricanes, floods, fires, earthquakes) or other national disasters.
The authorized NPDES program will make the determination if an episodic
waiver is warranted in this case and must receive the hardcopy (paper)
submissions.
    (ii) Prolonged electronic reporting system outages (i.e., outages
longer than 96 hours). The initial recipient, which may also be the
authorized NPDES program, will make the determination if an episodic
waiver is warranted in this case and must receive the hardcopy (paper)
submissions.

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

    (a) Scope and schedule. NPDES permittees, facilities, and entities
subject to this part [see Sec.  127.1(a)], with the exception of those
covered by waivers under Sec. Sec.  127.15 and 127.24, must
electronically submit the following NPDES information (reports,
notices, waivers, and certifications) after the start dates listed in
Table 1 of this section. This part is not intended to undo existing
requirements for electronic reporting. Prior to this date, and
independent of this part, the permittee may be required to report
electronically if specified by a particular permit or if required to do
so by state law.

  Table 1--Start Dates for Electronic Submissions of NPDES Information
------------------------------------------------------------------------
                                             Start dates for electronic
             NPDES information                       submissions
------------------------------------------------------------------------
General Permit Reports [Notices of Intent   December 21, 2020.
 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).\1\
                                            December 21, 2020 (when the
                                             state, tribe or territory
                                             is the authorized NPDES
                                             program).\1\
Concentrated Animal Feeding Operation       December 21, 2020.
 (CAFO) Annual Program Reports [40 CFR
 122.42(e)(4)].
Municipal Separate Storm Sewer System       December 21, 2020.
 (MS4) Program Reports [40 CFR
 122.34(g)(3) and 122.42(c)].
POTW Pretreatment Program Annual Reports    December 21, 2020.
 [40 CFR 403.12(i)].
Significant Industrial User Compliance      December 21, 2020.
 Reports in Municipalities Without
 Approved Pretreatment Programs [40 CFR
 403.12(e) and (h)].
Sewer Overflow Event Reports [40 CFR        December 21, 2020.
 122.41(l)(6) and (7)].
CWA 316(b) Annual Reports [40 CFR part      December 21, 2020.
 125, subparts I, J, and N].
------------------------------------------------------------------------
\1\Note: Director is defined in 40 CFR 122.2.

    (b) Electronic reporting standards. NPDES permittees, facilities,
and entities subject to this part [see Sec.  127.1(a)] must
electronically submit the information listed in Table 1 in Sec.
127.16(a) in compliance with this part and 40 CFR part 3 (including, in
all cases, subpart D to part 3), 40 CFR 122.22, and 40 CFR 403.12(l).
    (c) Initial recipient. NPDES permittees, facilities, and entities
subject to this part [see Sec.  127.1(a)] must electronically submit
the information listed in Table 1 in Sec.  127.16(a) to the Director,
Control Authority, Approval Authority, or initial recipient [as
identified in Sec.  127.27, and as defined in Sec.  127.2(b)]. EPA must
identify and publish the initial recipient on an EPA Web site and in
the Federal Register, by state and by NPDES data group [see Sec.
127.2(c)].
    (d) Standards for NPDES regulated entities with electronic
reporting waivers. NPDES permittees, facilities, and entities subject
to this part [see Sec.  127.1(a)] that have received a waiver from
electronic reporting must continue to provide the minimum set of NPDES
data (as well as other required information in compliance with
statutes, regulations, the NPDES permit, another control mechanism, or
an enforcement order) to the authorized NPDES program or initial
recipient (see Sec.  127.15).

Subpart C--Responsibilities of EPA and States, Tribes, and
Territories Authorized to Implement the NPDES Program

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

    (a) States, tribes, and territories that have received
authorization from EPA to implement the NPDES program must
electronically transfer to EPA all information listed in appendix A to
this part. This information includes:
    (1) The ``Core NPDES Permitting, Compliance, And Enforcement Data
[40 CFR parts 122, 123, 403, 503]'' as identified as NPDES Data Group 1
in Tables 1 and 2 in appendix A to this part.
    (2) NPDES information (NPDES Data Groups 2 through 10 in Tables 1
and 2 in appendix A to this part) from NPDES permittees, facilities,
and entities subject to this part [see Sec.  127.1(a)] where the
authorized state, tribe, or territory is the initial recipient [as
identified in Sec.  127.27, and as defined in Sec.  127.2(b)]. This
includes NPDES information from NPDES permittees, facilities, and
entities subject to this part that received a waiver from electronic
reporting (see Sec.  127.15).
    (3) Specific data elements that are required to be submitted
electronically to EPA by the states, tribes, or territories that have
received authorization from EPA to implement the NPDES program are
identified in appendix A to this part.
    (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)].

Sec.  127.22  Requirements regarding quality assurance and quality
control.

    States, tribes, and territories that have received authorization
from EPA to implement the NPDES program have the responsibility for the
information that they electronically transfer to EPA. Therefore,
authorized states, tribes, and territories that electronically transfer

data to EPA must use reasonable quality assurance and quality control
procedures to ensure the quality of the NPDES information.

Sec.  127.23  Requirements regarding timeliness, accuracy,
completeness, and national consistency.

    (a) Authorized state, tribe, and territory NPDES programs must
electronically transfer all NPDES program data that supports electronic
reporting (e.g., facility information and permit information such as
limits, permitted features, and narrative conditions) to EPA three
months prior to the electronic reporting start dates in Table 1 in
Sec.  127.16(a) and maintain updates thereafter. These electronic data
transfers must be timely, accurate, complete, and consistent.
    (b) According to the schedule set forth in Sec.  127.16, the
authorized NPDES program must electronically transfer to EPA the
minimum set of NPDES data (as specified in appendix A to this part).
These electronic data transfers to EPA must be timely, accurate,
complete, and consistent.
    (c) For the purposes of this part timely, accurate, complete, and
consistent mean:
    (1) Timely, in that the authorized state, tribe, or territory NPDES
program electronically transfers the minimum set of NPDES data to EPA
within 40 days of the completed activity or within 40 days of receipt
of a report from an NPDES permittee, facility, or entity subject to
this part [see Sec.  127.1(a)]. For example, the data regarding a state
inspection of an NPDES-regulated entity that is finalized by the state
on October 5th must be electronically transferred to EPA no later than
November 14th of that same year (e.g., 40 days after October 5th). The
start dates for electronic reporting from NPDES permittees, facilities,
and entities subject to this part [see Sec.  127.1(a)] are provided in
Table 1 in Sec.  127.16(a).
    (2) Accurate, in that 95% or more of the minimum set of NPDES data
in EPA's national NPDES data system are identical to the actual
information on the copy of record (e.g., permit, notice, waiver,
certification, report, enforcement order, or other source document);
    (3) Complete, in that 95% or more of submissions required for each
NPDES data group [see Sec.  127.2(c)] are available in EPA's national
NPDES data system; and
    (4) Consistent, in that data electronically submitted by states,
tribes, and territories to EPA, by direct entry of information, data
transfers from one data system to another, or some combination thereof,
into EPA's designated national NPDES data system is in compliance with
EPA's data standards as set forth in this part and in a form and
measurement units which are fully compatible with EPA's national NPDES
data system.
    (d) An authorized program must consistently maintain the
requirements identified in paragraph (a) of this section in order to be
the initial recipient, as defined in Sec.  127.2(b). If the authorized
program does not maintain these requirements, EPA must become the
initial recipient (see Sec.  127.27).

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

    (a) Under Sec.  127.15, an NPDES permittee, facility, or entity
subject to this part [see Sec.  127.1(a)] may seek a waiver from
electronic reporting. States, tribes, and territories that have
received authorization from EPA to implement the NPDES program must
review the temporary or permanent waiver requests that they receive and
either approve or reject these requests within 120 days.
    (b) The authorized NPDES state, tribe, or territory program must
provide the permittee, facility, or entity with notice of the approval
or rejection of their temporary or permanent waiver request from
electronic reporting.
    (c) The authorized NPDES state, tribal, or territory program must
electronically transfer to EPA the minimum set of NPDES data (as
specified in appendix A to this part) that they receive from
permittees, facilities, or entities with a waiver from electronic
reporting in accordance with Sec.  127.23.
    (d) Under Sec.  127.15(d), episodic waivers from electronic
reporting may be granted by the authorized NPDES program or the initial
recipient to NPDES permittees, facilities, and entities. The authorized
NPDES program or initial recipient granting an episodic waiver must
provide notice, individually or through means of mass communication,
regarding when such an episodic waiver is available, the facilities and
entities that may use the episodic waiver, the likely duration of the
episodic waiver, and any other directions regarding how facilities and
entities should provide the minimum set of NPDES data (as well as other
required information in compliance with statutes, regulations, the
NPDES permit, another control mechanism, or an enforcement order) to
the authorized NPDES program or the initial recipient. No waiver
request from the NPDES permittee, facility or entity is required to
obtain an episodic waiver from electronic reporting. The authorized
NPDES program or initial recipient granting the episodic waiver will
determine whether to allow facilities and entities to delay their
electronic submissions for a short time (i.e., no more than 40 days) or
to send hardcopy (paper) submissions.

Sec.  127.25  Time for states, tribes, and territories to revise
existing programs.

    A state, tribe, or territory that has received authorization from
EPA to implement the NPDES program must make program revisions in
compliance with 40 CFR 123.62(e).

Sec.  127.26  Implementation plan (authorized states, tribes, and
territories).

    (a) Initial recipient designation procedure. EPA and authorized
state, tribe, and territory NPDES programs must follow the procedure in
Sec.  127.27 for determining the initial recipient of electronic NPDES
information from NPDES-regulated facilities (see Sec.  127.2(b)).
    (b) NPDES data system requirements. Authorized state, tribe, and
territory NPDES programs must update their electronic data system to
electronically collect the minimum set of NPDES data and facilitate
compliance with this part (including Sec. Sec.  127.22 and 127.23) and
40 CFR part 3. The authorized NPDES program's electronic data system
must facilitate electronic reporting from NPDES permittees, facilities,
and entities subject to this part [see Sec.  127.1(a)] in compliance
with the start dates in Table 1 in Sec.  127.16(a). Authorized NPDES
programs may elect to use EPA's national NPDES data system (and related
Internet services and applications) for their electronic data system.
    (c) Preparatory actions for electronic reporting. Authorized state,
tribe, and territory NPDES programs must electronically transfer all
NPDES data that supports electronic reporting (e.g., permitting,
compliance monitoring, compliance determinations, and enforcement
activities) to EPA's national NPDES data system three months prior to
the electronic reporting start dates in Table 1 in Sec.  127.16(a) and
maintain updates thereafter. These electronic data transfers must be
timely, accurate, complete, and consistent (see Sec.  127.23).
    (d) Transfer of NPDES program data to EPA. 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)] must electronically collect and maintain the minimum
set of

NPDES data (as specified in appendix A to this part) and electronically
transfer these data to EPA's national NPDES data system through timely,
accurate, complete, and consistent electronic data transfers in
compliance with this part (including Sec. Sec.  127.22 and 127.23) and
40 CFR part 3.
    (e) Updating state statutes and regulations. Authorized state,
tribe, or territory NPDES programs must update their NPDES programs to
implement this part. See 40 CFR 123.62(e).
    (f) Inclusion of electronic reporting requirements in NPDES
permits. All permits issued by the EPA and the authorized states,
tribes, or territory NPDES program must contain permit conditions
requiring compliance with the electronic reporting requirements in this
part, 40 CFR part 3, and 40 CFR 122.22. NPDES-regulated facilities
which already have electronic reporting requirements in their permits
that meet the requirements in this part, 40 CFR part 3, and 40 CFR
122.22 must continue their electronic reporting to the initial
recipient [see Sec. Sec.  127.2(b) and 127.27].
    (g) Hybrid approach. Authorized state, tribe, or territory NPDES
programs may elect to use the Hybrid Approach [as defined in Sec.
127.2(g)] for the collection of the minimum set of NPDES data contained
in construction stormwater general permit reports [see Table 1 in Sec.
127.16(a)].
    (h) Authorized NPDES program implementation plans. 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)] must submit an implementation plan to EPA for review.
EPA will inform the authorized NPDES program if the implementation plan
is adequate. This plan must provide enough details (e.g., tasks,
milestones, roles and responsibilities, necessary resources) to clearly
describe how the program will successfully implement this part
(including a description of their electronic reporting waiver approval
process); however, this plan does not include electronic reporting of
Discharge Monitoring Reports or Forms Provided or Specified by the
Director (DMRs) [40 CFR 122.41(l)(4)]. These implementation plans must
be submitted to EPA by December 21, 2016 for EPA review.
    (i) Updating waiver approval process. 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)] must submit an updated waiver approval process to EPA every
five years. EPA will inform the authorized NPDES program if the waiver
approval process adequate.
    (j) Electronic participation rates assessment. EPA will assess the
electronic reporting participation rate of NPDES permittees,
facilities, and entities subject to this part [see Sec.  127.1(a)] for
each authorized NPDES program and by each NPDES data group to determine
the appropriateness of using use its authority to increase the
electronic reporting percentage rate.
    (1) EPA will separately calculate the electronic reporting
participation rate for each authorized NPDES program and for each NPDES
data group six months after the deadline for conversion from paper to
electronic submissions [see the start dates for electronic reporting in
Table 1 in Sec.  127.16(a)]. EPA will assess the electronic reporting
participation rate for individually permitted facilities separate from
the electronic reporting participation rate for general permit covered
facilities for Discharge Monitoring Reports [NPDES Data Group Number
3].
    (2) As appropriate, EPA will contact the facilities and entities
that are not electronically reporting their reports, notices, waivers,
and certifications after the start dates for electronic reporting [see
Table 1 in Sec.  127.16(a)]. EPA will not contact facilities and
entities with waivers from electronic reporting (see Sec.  127.15). EPA
will direct these facilities and entities to use the electronic
reporting system of the initial recipient [as identified in Sec.
127.27, and as defined in Sec.  127.2(b)].
    (3) EPA will annually repeat its review of the electronic reporting
participation rate for each authorized NPDES program and for each NPDES
group as appropriate and contact facilities and entities as appropriate
to use the electronic reporting system of the initial recipient [as
identified in Sec.  127.27, and as defined in Sec.  127.2(b)].

Sec.  127.27  Procedure for determining initial recipient of electronic
NPDES information.

    (a) An authorized NPDES program must notify EPA by April 19, 2016
if it wishes EPA to be the initial recipient for a particular NPDES
data group.
    (b) A state, tribe, or territory that seeks authorization to
implement an NPDES program after March 21, 2016 must describe if it is
requesting to be the initial recipient of electronic NPDES information
from NPDES-regulated facilities for specific NPDES data groups. See 40
CFR 123.22(g) and appendix A to this part.
    (c) By July 18, 2016, EPA must publish on its Web site and in the
Federal Register a listing of the initial recipients for electronic
NPDES information from NPDES-regulated facilities by state, tribe, and
territory and by NPDES data group. This listing must identify for
NPDES-regulated facilities the initial recipient of their NPDES
electronic data submissions and the due date for these NPDES electronic
data submissions. EPA must update this listing on its Web site and in
the Federal Register if a state, tribe, or territory gains
authorization status to implement an NPDES program and is also approved
by EPA to be the initial recipient of NPDES electronic data submissions
for that program.
    (d) Failure to maintain all the requirements in this part and 40
CFR part 3 must prohibit the state, territory, or tribe from being the
initial recipient of electronic NPDES information from NPDES-regulated
entities. The following is the process for these determinations:
    (1) EPA must make a preliminary determination identifying if an
authorized state, tribe, or territory is not complying with the
requirements in this part and 40 CFR part 3 to be an initial recipient
of electronic NPDES information from NPDES-regulated facilities. EPA
must provide to the Director of the authorized NPDES program the
rationale for any such preliminary determination and options for
correcting these deficiencies. Within 60 days of EPA's preliminary
determination, the authorized state, tribe, or territory must fully
correct all deficiencies identified by EPA and notify EPA that such
corrections have been completed. No response from the Director of the
authorized NPDES program must indicate that the state, territory, or
tribe agrees to be removed as the initial recipient for that NPDES data
group of electronic NPDES information. Within 90 days of the EPA's
preliminary determination, EPA must provide to the Director of the
authorized NPDES program a final determination whether the state,
tribe, or territory is not complying with the requirements in this part
and 40 CFR part 3 to be an initial recipient of electronic NPDES
information from NPDES-regulated facilities.
    (2) 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 this part and 40 CFR part 3.
    (3) EPA must update the initial recipient listing described in
paragraph (c) of this section and publish this listing on its Web site
and in the Federal Register when it provides a final determination
described in paragraph (d)(1) of this section to the

Director of the authorized NPDES program.
    (4) Following any determination of noncompliance made in compliance
with paragraph (d)(1) of this section, EPA will work with the Director
of the authorized NPDES program to remediate all issues identified by
EPA that prevent the authorized NPDES program from being the initial
recipient. When the issues identified by EPA are satisfactorily
resolved, EPA must update the initial recipient listing in paragraph
(c) of this section in order to list the authorized state, tribe, or
territory as the initial recipient for the one or more NPDES data
groups. EPA will publish this revised initial recipient listing on its
Web site and in the Federal Register.
    (e) An authorized NPDES program can initially elect for EPA to be
the initial recipient for one or all of the NPDES data groups and then
at a later date seek EPA approval to change the initial recipient
status for one or all of the NPDES data groups from EPA to the
authorized state, tribe, or territory. To make this switch, the
authorized state, tribe, or territory will send a request to EPA. This
request must identify the specific NPDES data groups for which the
state, tribe, or territory would like to be the initial recipient of
electronic NPDES information, a description of how its data system will
be compliant with this part and 40 CFR part 3, and the date or dates
when the state, tribe, or territory will be ready to start receiving
this information. After EPA approval of the request, EPA will update
the initial recipient list and will publish the revised initial
recipient listing on its Web site and in the Federal Register.
    (f) An authorized NPDES program can initially elect to be the
initial recipient for one or all of the NPDES data groups and then at a
later date request that EPA become the initial recipient for one or all
of the NPDES data groups. To make this switch, the authorized state,
tribe, or territory will send a request to EPA. After coordination with
the state EPA will update the initial recipient list and will publish
the revised initial recipient listing on its Web site and in the
Federal Register.

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

    The following two tables identify the minimum set of NPDES data
that authorized states, tribes, territories must enter or transfer
to EPA's national NPDES data system as well as what NPDES-regulated
entities must electronically report to the designated initial
recipient (authorized NPDES program or EPA) [see 40 CFR 127.2(b)].
Authorized NPDES programs will be the data provider in the event the
regulated entity is covered by a waiver from electronic reporting.
Use of these two tables ensures that there is consistent and
complete reporting nationwide, and expeditious collection and
processing of the data, thereby making it more accurate and timely.
Taken together, these data standardizations and the corresponding
electronic reporting requirements in 40 CFR parts 3, 122, 123, 124,
125, 127, 403, and 503 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), ensure full exchange of NPDES program data between states
and EPA to the public, improve environmental decision-making, and
protect human health and the environment.
    Authorized NPDES programs may also require NPDES regulated
entities to submit more data than what is listed in this appendix.
The authorized NPDES program can require NPDES regulated entities to
submit these ``non-appendix A'' data on paper, electronically, or
attachments to electronic notices and reports filed in compliance
with this part.
    Instructions: Table 1 of this appendix provides the list of data
sources and minimum submission frequencies for the ten different
NPDES Data Groups. Table 2 of this appendix provides the data that
must be electronically reported for each of these NPDES Data Groups.
The use of each data element is determined by identifying the
number(s) in the column labeled ``NPDES Data Group Number'' in Table
2 and finding the corresponding ``NPDES Data Group Number'' in Table
1. For example, a value of ``1'' in Table 2 means that this data
element is required in the electronic transmission of data from the
NPDES program to EPA (Core NPDES Permitting, Compliance, and
Enforcement Data). Likewise, a value of ``1 through 10'' in Table 2
means that this data element is required in all ten NPDES data
groups. NPDES regulated entities that have no historical record
(e.g., ``greenfield'' facilities) do not need to provide data
elements that rely on historical data elements. For the purposes of
this appendix, the term `sewage sludge' [see 40 CFR 503.9(w)] also
refers to the material that is commonly referred to as `biosolids.'
EPA does not have a regulatory definition for biosolids but this
material is commonly referred to as sewage sludge that is placed on,
or applied to the land to use the beneficial properties of the
material as a soil amendment, conditioner, or fertilizer. EPA's use
of the term `biosolids' in this appendix is to confirm that
information about beneficially used sewage sludge (a.k.a. biosolids)
is part of the data collected in this appendix.

                               Table 1--Data Sources and Regulatory Citations \1\
----------------------------------------------------------------------------------------------------------------
   NPDES Data
  group No.\2\       NPDES data group          Program area          Data provider        Minimum frequency \3\
----------------------------------------------------------------------------------------------------------------
1..............  Core NPDES Permitting,    All NPDES Program    Authorized NPDES         Within 40 days of the
                  Compliance, and           Sectors.             Program.                 completed activity
                  Enforcement Data [40                                                   or within 40 days of
                  CFR parts 122, 123,                                                     receipt of a report
                  403, 503].                                                              from a regulated
                                                                                entity [see Sec.
                                                                                127.23(a)(1)].
                                                                                However, the frequency
                                                                                associated with any
                                                                                particular permittee
                                                                                may be considerably
                                                                                less [e.g., once every
                                                                                five years for most
                                                                                permit information].
2..............  General Permit Reports    All NPDES Program    NPDES Permittee........  Prior to obtaining
                  [Notices of Intent to     Sectors.                                      coverage under a
                  discharge (NOIs);                                                       general permit or
                  Notices of Termination                                                  consideration for
                  (NOTs); No Exposure                                                     permit exclusion or
                  Certifications (NOEs);                                                  waiver from
                  Low Erosivity Waivers                                                   permitting, and permit
                  and Other Waivers from                                                  coverage termination.
                  Stormwater Controls                                                     General permits are
                  (LEWs)] [40 CFR                                                         generally issued once
                  122.26(b)(15), 122.28                                                   every five years.
                  and 124.5].

3..............  Discharge Monitoring      Most NPDES Program   NPDES Permittee........  At least annual, more
                  Reports [40 CFR           Sectors.                                      frequent submissions
                  122.41(l)(4)].                                                          may be required by the
                                                                                permit.
4..............  Sewage Sludge/Biosolids   Sewage Sludge/       NPDES Regulated Sewage   Annual.
                  Annual Program Reports    Biosolids.           Sludge/Biosolids
                  [40 CFR part 503].                             Generator and Handler.
5..............  Concentrated Animal       CAFO...............  CAFO...................  Annual.
                  Feeding Operation
                  (CAFO) Annual Program
                  Reports [40 CFR
                  122.42(e)(4)].
6..............  Municipal Separate Storm  MS4................  NPDES Permittee........  Year two and year four
                  Sewer System (MS4)                                                      of permit coverage
                  Program Reports [40 CFR                                                 (Small MS4), Annual
                  122.34(g)(3) and                                                        (Medium and Large
                  122.42(c)].                                                             MS4).
7..............  Pretreatment Program      Pretreatment.......  POTW Pretreatment        Annual.
                  Reports [40 CFR                                Control Authority,
                  403.12(i)].                                    Approval Authority for
                                                                 SIUs in Municipalities
                                                                 Without Approved
                                                                 Pretreatment Programs.
8..............  Significant Industrial    Pretreatment.......  Significant Industrial   Bi-Annual.
                  User Compliance Reports                        User.
                  in Municipalities
                  Without Approved
                  Pretreatment Programs
                  [40 CFR 403.12(e) and
                  (h)].
9..............  Sewer Overflow Event      Sewer Overflows....  NPDES Permittee........  Within 5 days of the
                  Reports [40 CFR                                                         time the permittee
                  122.41(l)(6) and (7)].                                                  becomes aware of the
                                                                                sewer overflow event
                                                                                (health or environment
                                                                                endangerment),
                                                                                Monitoring report
                                                                                frequency specific in
                                                                                permit (all other
                                                                                sewer overflow
                                                                                events).
10.............  CWA section 316(b)        CWA section 316(b).  NPDES Permittee........  Annual.
                  Annual Reports [40 CFR
                  part 125, subpart J].
----------------------------------------------------------------------------------------------------------------
\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 Facility Information

[Note: As indicated in the ``CWA, Regulatory, or Other Citation'' column, some of these data elements apply to
 Significant Industrial Users (SIUs) and Categorical Industrial Users (CIUs) that discharge (including non-
 domestic wastewater delivered by truck, rail, and dedicated pipe or other means of transportation) to one or
 more POTWs and to regulated entities or locations that generate, process, or receive biosolids or sewage
 sludge.]
----------------------------------------------------------------------------------------------------------------
Facility Type of Ownership.......  The unique code/description    122.21,              1, 2, 4, and 7.
                                    identifying the type of        122.21(j)(6),
                                    facility (e.g., state          122.21(q),
                                    government, municipal or       122.28(b)(2)(ii),
                                    water district, Federal        403.8(f), 403.10,
                                    facility, tribal facility).    403.12(i), 503.18,
                                    This data element is used by   503.28, 503.48.
                                    EPA's national NPDES data
                                    system to identify the
                                    facility type (e.g., POTW,
                                    Non-POTW, and Federal).
Facility Site Name...............  The name of the facility.....  122.21,              1, 2, 4, and 7.
                                                                   122.21(j)(6),
                                                                   122.21(q),
                                                                   122.28(b)(2)(ii),
                                                                   122.44(j),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.

Facility Site Address............  The address of the physical    122.21,              1, 2, 4, and 7.
                                    facility location.             122.21(j)(6),
                                                                   122.21(q),
                                                                   122.28(b)(2)(ii),
                                                                   122.44(j),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Facility Site City...............  The name of the city, town,    122.21,              1, 2, 4, and 7.
                                    village, or other locality,    122.21(j)(6),
                                    when identifiable, within      122.21(q),
                                    which the boundaries (the      122.28(b)(2)(ii),
                                    majority of) the facility      122.44(j),
                                    site is located. This is not   403.8(f), 403.10,
                                    always the same as the city    403.12(i), 503.18,
                                    used for USPS mail delivery.   503.28, 503.48.
Facility Site State..............  The U.S. Postal Service        122.21,              1, 2, 4, and 7.
                                    (USPS) abbreviation for the    122.21(j)(6),
                                    state or state equivalent      122.21(q),
                                    for the U.S. where the         122.28(b)(2)(ii),
                                    facility is located.           122.44(j),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Facility Site Zip Code...........  The combination of the 5-      122.21,              1, 2, 4, and 7.
                                    digit Zone Improvement Plan    122.21(j)(6),
                                    (ZIP) code and the 4-digit     122.21(q),
                                    extension code (if             122.28(b)(2)(ii),
                                    available) where the           122.44(j),
                                    facility is located. This      403.8(f), 403.10,
                                    zip code match the             403.12(i), 503.18,
                                    ``Facility Site City'' or      503.28, 503.48.
                                    the city used for USPS mail
                                    delivery.
Facility Site Tribal Land          The EPA Tribal Internal        122.21, 122.21(q),   1, 2, and 4.
 Indicator.                         Identifier for every unit of   122.28(b)(2)(ii),
                                    land trust allotment           503.18, 503.28,
                                    (``tribal land'') within       503.48.
                                    Indian Country (i.e.,
                                    Federally recognized
                                    American Indian and Alaska
                                    Native tribal entities).
                                    This unique identifier will
                                    identify whether the
                                    facility is on tribal land
                                    and the current name of the
                                    American Indian tribe or
                                    Alaskan Native entity. This
                                    unique identifier is
                                    different from the Bureau of
                                    Indian Affairs tribal code
                                    and does not change when a
                                    Tribe changes its name.
Facility Site Longitude..........  The measure of the angular     122.21, 122.21(q),   1, 2, and 4.
                                    distance on a meridian east    122.28(b)(2)(ii),
                                    or west of the prime           503.18, 503.28,
                                    meridian for the facility.     503.48.
                                    The format for this data
                                    element is decimal degrees
                                    (e.g., -77.029289) and the
                                    WGS84 standard coordinate
                                    system. This data element
                                    will also be used to
                                    describe the two-dimensional
                                    area (polygon) regulated by
                                    a municipal storm sewer
                                    system (MS4) NPDES permit
                                    through use of multiple
                                    latitude and longitude
                                    coordinates. For MS4 the
                                    polygon data should provide
                                    a reasonable estimate of the
                                    MS4 boundaries. This data
                                    element can also be system
                                    generated when the Facility
                                    Site Address, Facility Site
                                    City, and Facility Site
                                    State data elements can be
                                    used to generate accurate
                                    longitude and latitude
                                    values. (Note: ``Post Office
                                    Box'' addresses and ``Rural
                                    Route'' addresses are
                                    generally not geocodable).
Facility Site Latitude...........  The measure of the angular     122.21, 122.21(q),   1, 2, and 4.
                                    distance on a meridian north   122.28(b)(2)(ii),
                                    or south of the equator for    503.18, 503.28,
                                    the facility. The format for   503.48.
                                    this data element is decimal
                                    degrees (e.g., 38.893829)
                                    and the WGS84 standard
                                    coordinate system. This data
                                    element will also be used to
                                    describe the two-dimensional
                                    area (polygon) regulated by
                                    a municipal storm sewer
                                    system (MS4) NPDES permit
                                    through use of multiple
                                    latitude and longitude
                                    coordinates. This data
                                    element can also be system
                                    generated when the Facility
                                    Site Address, Facility Site
                                    City, and Facility Site
                                    State data elements can be
                                    used to generate accurate
                                    longitude and latitude
                                    values. (Note: ``Post Office
                                    Box'' addresses and ``Rural
                                    Route'' addresses are
                                    generally not geocodable).
Facility Contact Affiliation Type  The affiliation of the         122.21,              1, 2, 4, and 7.
                                    contact with the facility      122.21(j)(6),
                                    (e.g., ``Owner,''              122.21(q),
                                    ``Operator,'' or ``Main        122.28(b)(2)(ii),
                                    Contact''). This is a unique   403.8(f), 403.10,
                                    code/description that          403.12(i), 503.18,
                                    identifies the nature of the   503.28, 503.48.
                                    individual's affiliation to
                                    the facility.

Facility Contact First Name......  The given name of an           122.21,              1, 2, 4, and 7.
                                    individual affiliated with     122.21(j)(6),
                                    this facility.                 122.21(q),
                                                                   122.28(b)(2)(ii),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Facility Contact Last Name.......  The surname of an individual   122.21,              1, 2, 4, and 7.
                                    affiliated with this           122.21(j)(6),
                                    facility.                      122.21(q),
                                                                   122.28(b)(2)(ii),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Facility Contact Title...........  The title held by an           122.21,              1, 2, 4, and 7.
                                    individual in an               122.21(j)(6),
                                    organization affiliated with   122.21(q),
                                    this facility.                 122.28(b)(2)(ii),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Facility Contact EMail Address...  The business email address of  122.21,              1, 2, 4, and 7.
                                    the designated individual      122.21(j)(6),
                                    affiliated with this           122.21(q),
                                    facility.                      122.28(b)(2)(ii),
                                                                   403.8(f), 403.10,
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Facility Organization Formal Name  The legal name of the person,  122.21,              1, 2, 4, and 7.
                                    firm, public organization,     122.21(j)(6),
                                    or other entity that           122.21(q),
                                    operates the facility. This    122.28(b)(2)(ii),
                                    name may or may not be the     403.8(f), 403.10,
                                    same name as the facility.     403.12(i), 503.18,
                                    The operator of the facility   503.28, 503.48.
                                    is the legal entity that
                                    controls the facility's
                                    operation rather than the
                                    facility or site manager.
                                    This data element should not
                                    use a colloquial name. This
                                    field is optional for MS4
                                    permittees.
----------------------------------------------------------------------------------------------------------------
                                            Basic Permit Information

[Note: As indicated in the ``CWA, Regulatory, or Other Citation'' column, some of these data elements also apply
 to Significant Industrial Users (SIUs) and Categorical Industrial Users (CIUs) that discharge (including non-
 domestic wastewater delivered by truck, rail, and dedicated pipe or other means of transportation) to one or
 more POTWs and to regulated entities or locations that generate, process, or receive biosolids or sewage
 sludge.]
----------------------------------------------------------------------------------------------------------------
NPDES ID.........................  This is the unique identifier  122.2, 122.21,       1, 2, 3, 4, 5, 6, 7, 8,
                                    for the NPDES permit or        122.21(j)(6),        9, 10.
                                    control mechanism for NPDES    122.21(q),
                                    regulated entities or          122.28(b)(2)(ii),
                                    Unpermitted ID for an          122.34(g)(3),
                                    unpermitted facility. This     122.41(l)(4)(i),
                                    data elements is used for      122.41(l)(6) and
                                    compliance monitoring          (7), 122.41(m)(3),
                                    activities, violation          122.42(c),
                                    determinations, and            122.42(e)(4),
                                    enforcement actions. This      123.26, 123.41(a),
                                    data element also applies to   125.96, 125.97(g),
                                    Significant Industrial Users   125.98,
                                    (SIUs) and Categorical         125.138(b),
                                    Industrial Users (CIUs) that   401.14, 403.10,
                                    discharge (including non-      403.12(e),
                                    domestic wastewater            403.12(h),
                                    delivered by truck, rail,      403.12(i), 503.18,
                                    and dedicated pipe or other    503.28, 503.48.
                                    means of transportation) to
                                    one or more POTWs in states
                                    where the POTW is the
                                    Control Authority.
Master General Permit Number.....  The unique identifier of the   122.2, 122.21,       1, 2.
                                    master general permit, which   122.21(j)(6),
                                    is linked to a General         122.21(q),
                                    Permit Covered Facility.       122.28(b)(2)(ii),
                                    This data element only         122.34(g)(3),
                                    applies to facilities          122.41(l)(4)(i),
                                    regulated by a master          122.41(l)(6) and
                                    general permit.                (7), 122.41(m)(3),
                                                                   122.42(c),
                                                                   122.42(e)(4),
                                                                   123.26, 123.41(a),
                                                                   403.10, 403.12(e),
                                                                   403.12(h),
                                                                   403.12(i), 503.18,
                                                                   503.28, 503.48.
Permit Type......................  The unique code/description    122.2, 122.21,       1, 2.
                                    identifying the type of        122.21(j)(6),
                                    permit [e.g., NPDES            122.21(q),
                                    Individual Permit, NPDES       122.28(b)(2)(ii),
                                    Master General Permit,         403.10.
                                    General Permit Covered
                                    Facility, State Issued Non-
                                    NPDES General Permit,
                                    Individual IU Permit (Non-
                                    NPDES), Individual State
                                    Issued Permit (Non-NPDES)].
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         403.10.
                                    sludge, stormwater) for the
                                    permit record. This field is
                                    only required when the
                                    permit includes one or more
                                    NPDES subprograms.

Permit Issue Date................  This is the date the permit    122.46.............  1.
                                    was issued. The date must be
                                    provided in YYYY-MM-DD
                                    format where YYYY is the
                                    year, MM is the month, and
                                    DD is the day.
Permit Effective Date............  This is the date on which the  122.46, 122.21,      1.
                                    permit is effective. The       122.21(j)(6),
                                    date must be provided in       122.21(q), 403.10.
                                    YYYY-MM-DD format where YYYY
                                    is the year, MM is the
                                    month, and DD is the day.
Permit Modification/Amendment      This is the date on which the  122.62, 122.63,      1.
 Date.                              permit was modified or         403.10.
                                    amended. The date must be
                                    provided in YYYY-MM-DD
                                    format where YYYY is the
                                    year, MM is the month, and
                                    DD is the day.
Permit Expiration Date...........  This is the date the permit    122.46, 122.21,      1.
                                    will expire. The date must     122.21(j)(6),
                                    be provided in YYYY-MM-DD      122.21(q), 403.10.
                                    format where YYYY is the
                                    year, MM is the month, and
                                    DD is the day.
Permit Termination Date..........  This is the date the permit    122.64, 403.10.....  1.
                                    was terminated. The date
                                    must be provided in YYYY-MM-
                                    DD format where YYYY is the
                                    year, MM is the month, and
                                    DD is the day.
Permit Major/Minor Status          This code/description          122.2..............  1.
 Indicator.                         identifies the permit status
                                    as ``Major'' or ``Nonmajor''
                                    (a.k.a. ``Minor''). This
                                    data element is initially
                                    system generated and
                                    defaults to ``Minor''. The
                                    most recent permit status is
                                    copied when the permit is
                                    reissued.
Permit Major/Minor Status Start    The date that the permit       122.2..............  1.
 Date.                              became its current Major/
                                    Minor status. Initially
                                    system-generated to match
                                    effective 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.
Permit Application Total Design    This is the design flow rate   122.21,              1, 2.
 Flow.                              that a permitted facility      122.28(b)(2)(ii),
                                    was designed to accommodate,   403.10(f).
                                    in millions of gallons per
                                    day (MGD). This is only
                                    required for wastewater
                                    treatment plants.
Permit Application Total Actual    This is the annual average     122.21,122.28(b)(2)  1, 2.
 Average Flow.                      daily flow rate that a         (ii), 122.41,
                                    permitted facility will        403.10(f).
                                    likely accommodate at the
                                    start of its permit term, in
                                    MGD. This is only required
                                    for wastewater treatment
                                    plants.
Complete Permit Application/NOI    This is the date on which the  122.21,              1.
 Received Date.                     complete application for an    122.28(b)(2)(ii),
                                    individual NPDES permit was    403.10(f).
                                    received or a complete
                                    Notice of Intent (NOI) for
                                    coverage under a master
                                    general permit was received.
                                    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 data element can be
                                    system generated when the
                                    complete NOI is
                                    electronically received by
                                    the NPDES program.
Permit Application/NOI Received    This is the date on which the  122.21,              1.
 Date.                              application for an             122.28(b)(2)(ii),
                                    individual NPDES permit was    403.10(f).
                                    received or a Notice of
                                    Intent (NOI) for coverage
                                    under a master general
                                    permit was received. 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 data element can be
                                    system generated when the
                                    NPDES permit application or
                                    NOI is electronically
                                    received by the NPDES
                                    program.
Permit Status....................  This is a unique code/         122.21,              1.
                                    description that identifies    122.21(j)(6),
                                    the permit status (e.g.,       122.21(q), 122.64,
                                    Effective, Expired,            122.46, 403.10(f).
                                    Administratively Continued,
                                    Pending, Not Needed,
                                    Retired, Denied, and
                                    Terminated). This is system
                                    generated for all statuses
                                    except ``Not Needed,'' which
                                    must be user entered.
Master General Permit Industrial   These are the one or more      122.21,              1.
 Category.                          unique codes/descriptions      122.21(j)(6),
                                    that identify the one or       122.21(q),
                                    more industrial categories     122.28(b)(2)(ii),
                                    covered by the master          403.10(f).
                                    general permit. This field
                                    is required for master
                                    general permits only.

Permit Issuing Organization Type.  This is the type of            122.21,              1.
                                    organization issuing a         122.21(j)(6),
                                    permit (e.g., County,          122.21(q), 123.41,
                                    Federal, Local, Municipal,     403.10(f).
                                    Regional, State, Tribal).
DMR Non-Receipt..................  Turns non-receipt tracking     123.45, 403.10(f)..  1.
                                    for compliance monitoring
                                    submissions [e.g., discharge
                                    monitoring reports (DMRs)]
                                    ``on'' or ``off'' for non-
                                    major permits (a.k.a.
                                    ``minors''). This field is
                                    always ``on'' for major
                                    permits. This data element
                                    is initially system
                                    generated (defaults to
                                    ``on'') and the most recent
                                    value is copied when the
                                    permit is reissued. . This
                                    data element will also be
                                    used to track non-receipt
                                    tracking of periodic
                                    compliance monitoring data
                                    [40 CFR 403.12(e) and (h)]
                                    for Significant Industrial
                                    Users (SIUs) and Categorical
                                    Industrial Users (CIUs) that
                                    discharge (including non-
                                    domestic wastewater
                                    delivered by truck, rail,
                                    and dedicated pipe or other
                                    means of transportation) to
                                    one or more POTWs in states
                                    where EPA or the State is
                                    the Control Authority).
DMR Non-Receipt Start Date.......  This is the date on which the  123.45, 403.10(f)..  1.
                                    permit's ``on'' or ``off''
                                    period for DMR Non-Receipt
                                    tracking status began.
                                    Initially system-generated
                                    to match effective 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 data element will also
                                    be used to track non-receipt
                                    tracking of periodic
                                    compliance monitoring data
                                    [40 CFR 403.12(e) and (h)]
                                    for Significant Industrial
                                    Users (SIUs) and Categorical
                                    Industrial Users (CIUs) that
                                    discharge (including non-
                                    domestic wastewater
                                    delivered by truck, rail,
                                    and dedicated pipe or other
                                    means of transportation) to
                                    one or more POTWs in states
                                    where EPA or the State is
                                    the Control Authority).
Reportable Noncompliance Tracking  Turns reportable               123.45, 403.10(f)..  1.
                                    noncompliance (RNC) tracking
                                    ``on'' or ``off'' for non-
                                    major permits (a.k.a.
                                    ``minors''). This data
                                    element is initially system
                                    generated (defaults to
                                    ``on'') and the most recent
                                    value is copied when the
                                    permit is reissued.
Reportable Noncompliance Tracking  This is the date on which the  123.45, 403.10(f)..  1.
 Start Date.                        permit's ``on'' or ``off''
                                    period for Reportable
                                    Noncompliance Tracking
                                    status began. Initially
                                    system-generated to match
                                    effective 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.
Applicable Effluent Limitations    The applicable effluent        122.21,              1.
 Guidelines.                        limitations guidelines and     122.21(j)(6),
                                    new source performance         122.21(q), 122.44,
                                    standards in the NPDES         403.10(f).
                                    permit (e.g., part 414--
                                    Organic chemicals, plastics,
                                    and synthetic fibers point
                                    source category). This data
                                    element also applies to SIUs
                                    and CIUs that discharge
                                    (including non-domestic
                                    wastewater delivered by
                                    truck, rail, and dedicated
                                    pipe or other means of
                                    transportation) to one or
                                    more POTWs in states where
                                    the POTW is the Control
                                    Authority.
Permit Compliance Tracking Status  This is a unique code/         122.21,              1.
                                    description that indicates     122.21(j)(6),
                                    whether the permit is          122.21(q), 123.45,
                                    currently ``on'' or ``off''    403.10(f).
                                    for compliance tracking
                                    purposes. This data element
                                    is initially system
                                    generated (defaults to
                                    ``on'') and the most recent
                                    value is copied when the
                                    permit is reissued.
Permit Compliance Tracking Status  This is the date on which the  122.21,              1.
 Start Date.                        permit's ``on'' or ``off''     122.21(j)(6),
                                    period for compliance          122.21(q), 123.45,
                                    tracking status began.         403.10(f).
                                    Initially system-generated
                                    to match effective 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.

RNC Status (Manual)..............  The status of reportable       122.21,              1.
                                    noncompliance (RNC) as it      122.21(j)(6),
                                    was entered by the             122.21(q), 123.45,
                                    regulatory authority for the   403.10(f).
                                    official Quarterly
                                    Noncompliance Report (QNCR)
                                    or NPDES Noncompliance
                                    Report (NNCR). This data
                                    element can also be revised
                                    by the regulatory authority.
RNC Status (Manual) Year.........  The year associated with the   122.21,              1.
                                    RNC Status (Manual) being      122.21(j)(6),
                                    reported. This data element    122.21(q), 123.45,
                                    is used for the official       403.10(f).
                                    Quarterly Noncompliance
                                    Report (QNCR) or NPDES
                                    Noncompliance Report (NNCR).
                                    This data element can also
                                    be revised by the regulatory
                                    authority.
RNC Status (Manual) Quarter......  The quarter associated with    122.21,              1.
                                    the RNC Status (Manual)        122.21(j)(6),
                                    being reported. This data      122.21(q), 123.45,
                                    element is used for the        403.10(f).
                                    official Quarterly
                                    Noncompliance Report (QNCR)
                                    or NPDES Noncompliance
                                    Report (NNCR). This data
                                    element can also be revised
                                    by the regulatory authority.
Associated NPDES ID Number.......  If applicable, the unique      122.2, 122.21,       1 through 5, 7, 8, and 9.
                                    identifier for each NPDES      122.21(j)(6),
                                    Permit that is related to      122.21(q),
                                    another NPDES Permit. For      122.28(b)(2)(ii),
                                    example, this data element     122.41(l)(4)(i),
                                    identifies the recipient       122.41(l)(6) and
                                    POTW's NPDES ID for each       (7), 122.41(m)(3),
                                    satellite collection system,   122.42(e)(4),
                                    the suppliers of biosolids     123.26, 123.41(a),
                                    and sewage sludge to a land    503.18, 503.28,
                                    application site, and the      503.48.
                                    one or more NPDES IDs for
                                    other permitted operators at
                                    the same construction site
                                    or industrial facility. This
                                    data element does not apply
                                    to municipal storm sewer
                                    systems (MS4s) as other data
                                    elements create linkages
                                    between these entities.
Associated NPDES ID Number Reason  The unique code/description    122.2, 122.21,       1 through 5, 7, 8, and 9.
                                    that identifies the reason     122.21(j)(6),
                                    for the association between    122.21(q),
                                    two NPDES IDs (e.g., ETP =     122.28(b)(2)(ii),
                                    Effluent Trade Partner, APR    122.41(l)(4)(i),
                                    = Associated Permit Record,    122.41(l)(6) and
                                    SIP = Switched To An           (7), 122.41(m)(3),
                                    Individual Permit, SGP =       122.42(e)(4),
                                    Switched To A General          123.26, 123.41(a),
                                    Permit. This data element      503.18, 503.28,
                                    does not apply to municipal    503.48.
                                    storm sewer systems (MS4s)
                                    as other data elements
                                    create linkages between
                                    these entities.
Receiving POTW ID................  This data element will         122.21,              1, 2, and 7.
                                    identify for each              122.21(j)(6),.
                                    Significant Industrial Users
                                    (SIUs) and Categorical
                                    Industrial Users (CIUs) the
                                    unique identifier of the one
                                    or more POTWs receiving the
                                    discharge. This includes non-
                                    domestic wastewater
                                    delivered by truck, rail,
                                    and dedicated pipe or other
                                    means of transportation to
                                    the one or more receiving
                                    POTWs. This data element
                                    only applies to SIUs and
                                    CIUs and will link the
                                    industrial discharger to the
                                    one or more receiving POTWs.
SIC Code.........................  The one or more four-digit     122.21,              1, 2, and 7.
                                    Standard Industrial            122.21(j)(6),
                                    Classification (SIC) codes     122.21(q),
                                    that represent the economic    122.28(b)(2)(ii),
                                    activities of the facility.    403.10(f),
                                    This data element also         403.12(e),
                                    applies to SIUs and CIUs       403.12(h),
                                    that discharge (including      403.12(i), 503.18,
                                    non-domestic wastewater        503.28, 503.48.
                                    delivered by truck, rail,
                                    and dedicated pipe or other
                                    means of transportation) to
                                    one or more POTWs in states
                                    where the POTW is the
                                    Control Authority. A value
                                    of ``4952'' can be system
                                    generated for POTWs and
                                    TWTDS.
SIC Code Primary Indicator.......  This data element will         122.21,              1, 2, and 7.
                                    identify the primary           122.21(j)(6),
                                    economic activity, SIC code,   122.21(q),
                                    of the facility. This data     122.28(b)(2)(ii),
                                    element is required for        403.10(f),
                                    electronic data transfer       403.12(e),
                                    between state and EPA          403.12(h),
                                    systems. This data element     403.12(i), 503.18,
                                    also applies to SIUs and       503.28, 503.48.
                                    CIUs that discharge
                                    (including non-domestic
                                    wastewater delivered by
                                    truck, rail, and dedicated
                                    pipe or other means of
                                    transportation) to one or
                                    more POTWs in states where
                                    the POTW is the Control
                                    Authority.

NAICS Code.......................  The six-digit North American   EPA SIC/NAICS Data   1, 2, and 7.
                                    Industry Classification        Standard, Standard
                                    System (NAICS) code/           No. EX000022.2, 6
                                    description that represents    January 2006,
                                    the economic activity of the   Office of
                                    facility. This field is        Management and
                                    optional if the ``SIC Code''   Budget, Executive
                                    data element is provided for   Office of the
                                    the facility.                  President, Final
                                                                   Decision on North
                                                                   American Industry
                                                                   Classification
                                                                   System (62 FR
                                                                   17288), 403.10(f).
NAICS Code Primary Indicator.....  This data element will         EPA SIC/NAICS Data   1, 2, and 7.
                                    identify the primary           Standard, Standard
                                    economic activity, NAICS       No. EX000022.2, 6
                                    code, of the facility. This    January 2006,
                                    data element is required for   Office of
                                    electronic data transfer       Management and
                                    between state and EPA          Budget, Executive
                                    systems. This field is         Office of the
                                    optional if the ``SIC Code''   President, Final
                                    data element is provided for   Decision on North
                                    the facility.                  American Industry
                                                                   Classification
                                                                   System (62 FR
                                                                   17288), 403.10(f).
Permittee Mailing Address........  The mailing address of the     122.21,              1, 2.
                                    permit holder.                 122.21(j)(6),
                                                                   122.21(q),
                                                                   122.28(b)(2)(ii),
                                                                   403.10(f).
Permittee Organization Formal      The legal, formal name of the  122.21,              1, 2.
 Name.                              organization that holds the    122.21(j)(6),
                                    permit.                        122.21(q),
                                                                   122.28(b)(2)(ii),
                                                                   403.10(f).
Permittee City...................  The name of the city, town,    122.21,              1, 2.
                                    or village where the mail is   122.21(j)(6),
                                    delivered for the permit       122.21(q),
                                    holder.                        122.28(b)(2)(ii),
                                                                   403.10(f).
Permittee State..................  The U.S. Postal Service        122.21,              1, 2.
                                    abbreviation that represents   122.21(j)(6),
                                    the state or state             122.21(q),
                                    equivalent for the U.S. for    122.28(b)(2)(ii),
                                    the permit holder.             403.10(f).
Permittee Zip Code...............  The combination of the 5-      122.21,              1, 2.
                                    digit Zone Improvement Plan    122.21(j)(6),
                                    (ZIP) code and the 4-digit     122.21(q),
                                    extension code (if             122.28(b)(2)(ii),
                                    available) that represents     403.10(f).
                                    the geographic segment that
                                    is a sub-unit of the ZIP
                                    Code assigned by the U.S.
                                    Postal Service to a
                                    geographic location for the
                                    permit holder.
Residual Designation               Under section 402(p)(2)(E)     122.26(a)(9)(i)(C)   1.
 Determination Code.                and (6) and 40 CFR             and (D) and CWA
                                    122.26(a)(9)(i)(C) and (D),    section 402(p).
                                    the authorized NPDES program
                                    or the EPA Regional
                                    Administrator may
                                    specifically designate
                                    stormwater discharges as
                                    requiring an NPDES permit.
                                    In this `residual
                                    designation' process the
                                    NPDES permitting authority
                                    regulates stormwater
                                    discharges based on: (1)
                                    Wasteload allocations that
                                    are part of ``total maximum
                                    daily loads'' (TMDLs) that
                                    address the pollutant(s) of
                                    concern in the stormwater
                                    discharges [see 40 CFR
                                    122.26(a)(9)(i)(C)]; or (2)
                                    the determination that the
                                    stormwater discharge, or
                                    category of stormwater
                                    discharges within a
                                    geographic area, contributes
                                    to a violation of a water
                                    quality standard or is a
                                    significant contributor of
                                    pollutants to waters of the
                                    United States [see 40 CFR
                                    122.26(a)(9)(i)(D)]. This
                                    data element is the unique
                                    code/description that
                                    identifies the main basis
                                    for this residual
                                    designation determination.
                                    This data element only
                                    applies to stormwater
                                    permits.
Electronic Reporting Waiver Type.  The unique code/description    123.26, 123.41(a)    1.
                                    that identifies whether the    and CWA section
                                    authorized NPDES program has   308.
                                    granted the permittee a
                                    waiver from electronic
                                    reporting in compliance with
                                    this part (1 = temporary
                                    waiver; 2 = permanent
                                    waiver). This data element
                                    should be left blank if the
                                    permittee does not have a
                                    waiver from electronic
                                    reporting in compliance with