[Federal Register Volume 85, Number 40 (Friday, February 28, 2020)]
[Proposed Rules]
[Pages 11909-11927]
[FR Doc No: 2020-02889]

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ENVIRONMENTAL PROTECTION AGENCY

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

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

NPDES Electronic Reporting Rule--Phase 2 Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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or outdated reporting requirements.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

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

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 Once submitted, comments cannot be edited or withdrawn.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

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

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. General Information

A. Does this action apply to me?

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

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

B. What action is the agency taking?

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

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

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

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

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

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

II. Background

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

III. Changes to Phase 2 Compliance Deadlines

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

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

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

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

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

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

A. Correct the Title for 40 CFR 123.45

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

burden associated with implementing the NPDES eRule is minimized.

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

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

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

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

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

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

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

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

VI. Assistance to States To Implement Phase 2

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

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

VII. Statutory and Executive Order Reviews

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

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

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

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

C. Paperwork Reduction Act

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

D. Regulatory Flexibility Act (RFA)

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

E. Unfunded Mandates Reform Act (UMRA)

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

F. Executive Order 13132: Federalism

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

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

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

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

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

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

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

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

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

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 122

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

40 CFR Part 123

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

40 CFR Part 127

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

40 CFR Part 403

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

40 CFR Part 503

    Environmental protection, Reporting and recordkeeping requirements,
Sewage disposal.

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

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

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

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

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

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

Sec.  9.1   OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
              40 CFR citation                      OMB control No.
------------------------------------------------------------------------

                                * * * * *
------------------------------------------------------------------------
                       NPDES Electronic Reporting
------------------------------------------------------------------------

                                * * * * *
127.24....................................  2020-NEW

                                * * * * *
------------------------------------------------------------------------

* * * * *

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

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

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

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

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

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

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

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

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

Sec.  122.34   Permit requirements for regulated small MS4 permits.

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

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

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

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

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

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

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

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

PART 123--STATE PROGRAM REQUIREMENTS

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

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

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

Sec.  123.45   Noncompliance and program reporting.

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

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

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

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

Violations of Permit Effluent Limits

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

Group I Pollutants

Oxygen Demand

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

Solids

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

Nutrients

 Inorganic Phosphorus Compounds
 Inorganic Nitrogen Compounds
 Other

Detergents and Oils

 MBAS
 NTA
 Oil and Grease
 Other detergents or algicides

Minerals

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

Metals

 Aluminum
 Cobalt
 Iron
 Vanadium

Group II Pollutants

Metals (all forms)

 Other metals not specifically listed under Group I

Inorganic

 Cyanide
 Total Residual Chlorine

Organics

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

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

PART 127--NPDES ELECTRONIC REPORTING

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

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

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

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

* * * * *

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

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

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

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

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

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

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

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

* * * * *

                                Table 1--Data Sources and Regulatory Citations 1
----------------------------------------------------------------------------------------------------------------
 NPDES Data group
       No. 2           NPDES data group        Program area          Data provider        Minimum frequency 3
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
9.................  Sewer Overflow/Bypass  Sewer Overflows and   NPDES Permittee.....  Within 5 days of the time
                     Event Reports [40      Bypass Events.                              the permittee becomes
                     CFR 122.41(l)(4),                                                  aware of the sewer
                     (6), (7), and                                                      overflow event (health
                     122.41(m)(3)].                                                     or environment
                                                                                endangerment);
                                                                                Monitoring report
                                                                                frequency specific in
                                                                                permit (all other sewer
                                                                                overflow and bypass
                                                                                events); At least 10-
                                                                                days before the date of
                                                                                the anticipated bypass;
                                                                                and Within 5-days of the
                                                                                time the permittee
                                                                                becomes aware of the
                                                                                unanticipated bypass.

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\1\ Entities regulated by a NPDES permit will comply with all reporting requirements in their respective NPDES
  permit.
\2\ Use the ``NPDES Data Group Number'' in this table and the ``NPDES Data Group Number'' column in Table 2 of
  this appendix to identify the source of the required data entry. EPA notes that electronic systems may use
  additional data to facilitate electronic reporting as well as management and reporting of electronic data. For
  example, NPDES permittees may be required to enter their NPDES permit number (``NPDES ID''--NPDES Data Group 1
  and 2) into the applicable electronic reporting system in order to identify their permit and submit a
  Discharge Monitoring Report (DMR--NPDES Data Group 3). Additionally, NPDES regulated entities may be required
  to enter and submit data to update or correct erroneous data. For example, NPDES permittees may be required to
  enter new data regarding the Facility Individual First Name and Last Name (NPDES Data Group 1 and 2) with
  their DMR submission when there is a facility personnel change.
\3\ The applicable reporting frequency is specified in the NPDES permit or control mechanism, which may be more
  frequent than the minimum frequency specified in this table.

                                      Table 2--Required NPDES Program Data
----------------------------------------------------------------------------------------------------------------
                                                                  CWA, regulatory (40
             Data name                    Data description           CFR), or other       NPDES data group No.
                                                                        citation              (see Table 1)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                            Basic Permit Information
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Permit Component...................  This will identify one or   122.2, 122.21,         1, 2.
                                      more applicable NPDES       122.21(j)(6),
                                      subprograms (e.g.,          122.21(q),
                                      pretreatment, CAFO, CSO,    122.28(b)(2)(ii),
                                      POTW, biosolids/sewage      123.26, 123.41(a),
                                      sludge, stormwater) for     123.43(d), 403.10,
                                      the permit record. This     and 501.19.
                                      field is only required
                                      when the permit includes
                                      one or more NPDES
                                      subprograms. This data
                                      element is also required
                                      for unpermitted
                                      facilities when the
                                      authorized NPDES programs
                                      is required to share
                                      facility, inspection,
                                      violation, or enforcement
                                      action data regarding
                                      these facilities with
                                      EPA's national NPDES data
                                      system.

                                                  * * * * * * *
Applicable Effluent Limitations      This data element will      122.21, 122.21(j)(6),  1, 2, and 7.
 Guidelines.                          identify the one or more    122.21(q), 122.44,
                                      applicable effluent         122.44(j),
                                      limitations guidelines      122.28(b)(2)(ii),
                                      and new source              403.10(e),
                                      performance standards for   403.10(f), 403.12(i).
                                      the facility by the
                                      corresponding 40 CFR part
                                      number (e.g., part 414--
                                      Organic chemicals,
                                      plastics, and synthetic
                                      fibers point source
                                      category, part 433--Metal
                                      Finishing point source
                                      category). For
                                      Categorical Industrial
                                      Users (CIUs) this data
                                      element will track the
                                      one or more applicable
                                      categorical standards
                                      even when the CIU is
                                      subject to one or more
                                      local limits that are
                                      more stringent than the
                                      applicable categorical
                                      standards. This data
                                      element will also
                                      identify if there are no
                                      applicable effluent
                                      limitations guidelines,
                                      new source performance
                                      standards, or categorical
                                      standards for the
                                      facility (including
                                      Significant Industrial
                                      Users (SIUs)). This data
                                      element can be updated by
                                      the Control Authority for
                                      SIUs and CIUs through
                                      submission of the
                                      Pretreatment Program
                                      Reports [40 CFR
                                      403.12(i)]. Additionally,
                                      the authorized NPDES
                                      program can automate the
                                      creation of these data
                                      through submission of the
                                      Notices of Intent to
                                      discharge (NOI) [40 CFR
                                      122.28(b)(2)(ii)].

                                                  * * * * * * *
NAICS Code.........................  The one or more six-digit   40 CFR 122.21(f)(3),   1, 2, and 7.
                                      North American Industry     122.28(b)(2)(ii),
                                      Classification System       EPA SIC/NAICS Data
                                      (NAICS) codes/              Standard, Standard
                                      descriptions that           No. EX000022.2, 6
                                      represents the economic     January 2006, Office
                                      activity of the facility.   of Management and
                                      This field is required to   Budget, Executive
                                      be shared with the U.S.     Office of the
                                      EPA when authorized NPDES   President, Final
                                      programs approve NPDES      Decision on North
                                      permit coverage after       American Industry
                                      June 12, 2021 (i.e., two    Classification
                                      years after the effective   System (62 FR
                                      date of the 2019 NPDES      17288), 403.10(f).
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
NAICS Code Primary Indicator.......  This data element will      40 CFR 122.21(f)(3),   1, 2, and 7.
                                      identify the primary        122.28(b)(2)(ii),
                                      economic activity, NAICS    EPA SIC/NAICS Data
                                      code, of the facility.      Standard, Standard
                                      This data element is        No. EX000022.2, 6
                                      required for electronic     January 2006, Office
                                      data transfer between       of Management and
                                      state and EPA systems.      Budget, Executive
                                      This field is required to   Office of the
                                      be shared with the U.S.     President, Final
                                      EPA when authorized NPDES   Decision on North
                                      programs approve NPDES      American Industry
                                      permit coverage after       Classification
                                      June 12, 2021 (i.e., two    System (62 FR
                                      years after the effective   17288), 403.10(f).
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                          Permitted Feature Information
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Waterbody Name for Permitted         The name of the waterbody   122.21, 122.21(f)(9),  1,2.
 Feature.                             that is or will likely      122.28(b)(2)(ii).
                                      receive the discharge
                                      from each permitted
                                      feature. If the permitted
                                      feature is a cooling
                                      water intake structure,
                                      this data element is the
                                      name of the source water.
                                      Authorized NPDES programs
                                      can also use this data
                                      element to identify the
                                      name of the source water
                                      for other intake
                                      structures that are
                                      permitted features.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                      Animal Feeding Operation Information
----------------------------------------------------------------------------------------------------------------
Facility CAAP Status...............  The unique code/            122.21(i)(2), 122.24,  1,2.
                                      description to indicate     122.25,
                                      whether the facility        122.28(b)(2)(ii).
                                      includes Concentrated
                                      Aquatic Animal Production
                                      (CAAP) and the CAAP
                                      identification method
                                      [e.g., ``Yes (Based on
                                      Facility Production
                                      Data)'', ``Yes
                                      (Authorized NPDES Program
                                      Designation)'']. This
                                      field also applies when
                                      an authorized NPDES
                                      program has conducted an
                                      on-site inspection of an
                                      aquatic animal production
                                      facility and determined
                                      that the facility should
                                      not be regulated under
                                      the NPDES permit program
                                      [e.g., ``No (Authorized
                                      NPDES Program
                                      Determination)'']. This
                                      data element only applies
                                      to aquatic animal
                                      production facilities.
                                      This data element can be
                                      automatically generated
                                      from production data that
                                      is provided by aquatic
                                      animal production
                                      facilities.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                Cooling Water Intake Information on NPDES Permit Application or Notice of Intent
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Source Water for Cooling Purposes..           * * * * *          122.21(f)(9),                  * * * * *
                                                                  122.21(r),
                                                                  122.28(b)(2)(ii),
                                                                  125.86, 125.95,
                                                                  125.136, 401.14 and
                                                                  CWA section 316(b).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           NPDES Variance Information
----------------------------------------------------------------------------------------------------------------
Variance Type......................  The unique code(s)/         122.21(f)(10),         1.
                                      description(s) that         122.21(j)(1)(ix),
                                      describes the type for      122.28(b)(2)(ii),
                                      each variance request       123.41, subpart H of
                                      submitted by the NPDES-     125 and CWA section
                                      regulated entity [e.g.,     316(a).
                                      fundamentally different
                                      factors (CWA Section
                                      301(n)), non-conventional
                                      pollutants (CWA Section
                                      301(c) and (g)), water
                                      quality related effluent
                                      limitations (CWA Section
                                      302(b)(2)), thermal
                                      discharges (CWA Section
                                      316(a)), discharges to
                                      marine waters (CWA
                                      Section 301(h))]. This
                                      field is required to be
                                      shared with the U.S. EPA
                                      when authorized NPDES
                                      programs approve NPDES
                                      permit coverage after
                                      June 12, 2021 (i.e., two
                                      years after the effective
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.

Variance Request Version...........  The unique code(s)/         122.21(f)(10),         1.
                                      description(s) that         122.21(j)(1)(ix),
                                      describe whether each       122.28(b)(2)(ii),
                                      variance request from the   123.41, subpart H of
                                      NPDES-regulated entity is   125 and CWA section
                                      a new request, renewal,     316(a).
                                      or a continuance for
                                      variances that do not
                                      expire. This field is
                                      required to be shared
                                      with the U.S. EPA when
                                      authorized NPDES programs
                                      approve NPDES permit
                                      coverage after June 12,
                                      2021 (i.e., two years
                                      after the effective date
                                      of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Variance Status....................  The unique code(s)/         122.21(f)(10),         1.
                                      description(s) that         122.21(j)(1)(ix),
                                      describes the status for    122.28(b)(2)(ii),
                                      each the variance request   123.41, subpart H of
                                      submitted by the NPDES-     125 and CWA section
                                      regulated entity (e.g.,     316(a).
                                      pending, approved,
                                      denied, withdrawn by
                                      NPDES-regulated entity,
                                      terminated). This field
                                      is required to be shared
                                      with the U.S. EPA when
                                      authorized NPDES programs
                                      approve NPDES permit
                                      coverage after June 12,
                                      2021 (i.e., two years
                                      after the effective date
                                      of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Variance Submission Date...........  This is the date for each   122.21(f)(10),         1.
                                      variance request            122.21(j)(1)(ix),
                                      submitted by the NPDES-     122.28(b)(2)(ii),
                                      regulated entity to the     123.41, subpart H of
                                      NPDES permitting            125 and CWA section
                                      authority. The date must    316(a).
                                      be provided in YYYY-MM-DD
                                      format where YYYY is the
                                      year, MM is the month,
                                      and DD is the day. This
                                      field is required to be
                                      shared with the U.S. EPA
                                      when authorized NPDES
                                      programs approve NPDES
                                      permit coverage after
                                      June 12, 2021 (i.e., two
                                      years after the effective
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Variance Action Date...............  This is the date for each   122.21(f)(10),         1.
                                      variance request when the   122.21(j)(1)(ix),
                                      NPDES permitting            122.28(b)(2)(ii),
                                      authority approves          123.41, subpart H of
                                      (grants, renews), denies,   125 and CWA section
                                      or terminates a variance    316(a).
                                      request as well as the
                                      date when the NPDES-
                                      regulated entity
                                      withdraws the variance
                                      request. For variances
                                      that do not expire,
                                      entire the original
                                      action date. The date
                                      must be provided in YYYY-
                                      MM-DD format where YYYY
                                      is the year, MM is the
                                      month, and DD is the day.
                                      This field is required to
                                      be shared with the U.S.
                                      EPA when authorized NPDES
                                      programs approve NPDES
                                      permit coverage after
                                      June 12, 2021 (i.e., two
                                      years after the effective
                                      date of the 2019 NPDES
                                      Applications and Program
                                      Updates Rule). See
                                      February 12, 2019; 84 FR
                                      3324.
Public Notice of Section 316(a)               * * * * *                * * * * *                * * * * *
 Requests.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Compliance Monitoring Activity Information (Program Data Generated from Authorized NPDES Programs and EPA)
----------------------------------------------------------------------------------------------------------------
Deficiencies Identified Through the  This is the unique code/    123.26, 123.41(a),     1.
 Biosolids/Sewage Sludge Compliance   description that that       and CWA section 308.
 Monitoring.                          identifies each
                                      deficiency in the
                                      facility's biosolids and
                                      sewage sludge program (40
                                      CFR part 503) for each
                                      compliance monitoring
                                      activity (e.g.,
                                      inspections, audits) by
                                      the regulatory authority.
                                      This data element
                                      includes unique codes to
                                      identify when the
                                      facility failed to comply
                                      with any applicable
                                      permit requirements or
                                      enforcement actions.
Deficiencies Identified Through the  This is the unique code/    123.26, 123.41(a),     1.
 MS4 Compliance Monitoring.           description that that       and CWA section 308.
                                      identifies each
                                      deficiency in the MS4's
                                      program to control
                                      stormwater pollution for
                                      each compliance
                                      monitoring activity
                                      (e.g., inspections,
                                      audits) by the regulatory
                                      authority. This data
                                      element includes unique
                                      codes to identify when
                                      the MS4 failed to comply
                                      with any applicable
                                      permit requirements or
                                      enforcement actions.
Deficiencies Identified Through the  This is the unique code/    123.26, 123.41(a),     1.
 Pretreatment Compliance Monitoring.  description that that       403.10, and CWA
                                      identifies each             section 308.
                                      deficiency in the POTW's
                                      authorized pretreatment