[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Rules and Regulations]
[Pages 69189-69206]
[FR Doc No: 2020-21446]

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ENVIRONMENTAL PROTECTION AGENCY

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

[EPA-HQ-OECA-2019-0408; FRL-10015-08-OECA]
RIN 2020-AA52

NPDES Electronic Reporting Rule--Phase 2 Extension

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is publishing this
final rule to postpone the compliance deadlines for implementation of
Phase 2 of the National Pollutant Discharge Elimination System (NPDES)
Electronic Reporting Rule (``NPDES eRule''). The NPDES eRule requires
EPA and states to modernize Clean Water Act (CWA) reporting. This final
rule also provides states with additional flexibility to request
additional time as needed. Further, this final rule promulgates
clarifying changes to the NPDES eRule and eliminates 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or outdated reporting requirements.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: The final rule is effective on January 4, 2021. In accordance
with 40 CFR part 23, this regulation shall be considered issued for
purposes of judicial review at 1 p.m. Eastern time on November 16,
2020. The start dates for electronic reporting are provided in 40 CFR
127.16.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OECA-2019-0408. All documents in the docket are listed on
the www.regulations.gov website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the internet and will be publicly available only in hard copy
form. Out of an abundance of caution for members of the public and our
staff, the EPA Docket Center and Reading Room was closed to public
visitors on March 31, 2020, to reduce the risk of transmitting COVID-
19. Our Docket Center staff will continue to provide remote customer
service via email, phone, and webform. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets. The telephone number for the Public
Reading Room is<PHONE_NUMBER>.

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:

How is this document organized?

    The outline of this document follows the following format:
I. General Information
II. Background
III. Postponement of 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:

------------------------------------------------------------------------
             Category                  Examples of regulated entities
------------------------------------------------------------------------
Facilities seeking coverage under   Publicly-owned treatment works
 an individual NPDES permits,        (POTW) facilities, treatment works
 general permit, or subject to a     treating domestic sewage (TWTDS),
 NPDES inspection.                   municipalities, counties,
                                     stormwater management districts,
                                     state-operated facilities,
                                     Federally-operated facilities,
                                     industrial facilities, construction
                                     sites, and concentrated animal
                                     feeding operations (CAFOs).
Industrial users located in cities  Industrial facilities discharging to
 without approved local              POTWs and for which the designated
 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 subject  Class I sludge management facilities
 to EPA's biosolids regulations.     (as defined in 40 CFR 503.9(c)),
                                     POTWs with 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 governments.  States and territories 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.
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 government................  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).
------------------------------------------------------------------------

    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 final 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 October 22,
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 was initially scheduled for
December 21, 2020. Some state authorized NPDES programs 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).
EPA published a proposed rule to solicit comment on postponing the
compliance deadlines for Phase 2 implementation as well as other
changes to the NPDES eRule to allow for a smoother transition from
paper to electronic reporting for the NPDES program (see February 28,
2020; 85 FR 11909). EPA received comments from seven states, one state
association, and one anonymous commenter. The final rule addresses
these comments and postpones the compliance deadlines for Phase 2
implementation of the NPDES eRule. This final rule also provides states
with additional flexibility to request additional time as needed.
Further, this final rule promulgates clarifying changes to the NPDES
eRule and eliminates some duplicative or outdated reporting
requirements.

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 finalize
changes to the NPDES eRule. 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), which 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. Specifically, CWA
sections 402(b) and (c) 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 final rule as
the overall impact of these changes allow states to more efficiently
implement the NPDES eRule. EPA is postponing the compliance deadlines
for Phase 2 implementation by five years and providing states with
additional flexibility to request an extension if more time is
necessary but with no extension allowed beyond December 21, 2028 (see
Section IV of this preamble).
    This rule also finalizes changes to the NPDES eRule that clarify
existing requirements and eliminate some duplicative or outdated
reporting requirements. For example, this rule eliminates 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. These changes will reduce the costs to authorized NPDES
programs in collecting, managing, and sharing these data. EPA also
anticipates that the clarifications contained in this final rule will
help states avoid unnecessary implementation costs. For example, the
final rule makes 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. The rule replaced
most paper-based NPDES reporting requirements with electronic
reporting. The 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 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. EPA recognizes that
there are a number of states who have not fully implemented Phase 1.
Given that EPA is today postponing the Phase 2 deadlines, EPA is
committed to focusing additional attention to ensure that it is
receiving all Phase 1 data. There are a number of mechanisms that EPA
can use to ensure it receives all Phase 1 data. EPA has been working
with states, providing in-kind technical assistance and Exchange
Network grant funding (see https://www.epa.gov/exchangenetwork/exchange-network-grant-program). In addition, EPA could use the initial
recipient procedure to expedite the conversion to electronic reporting
for DMRs (see 40 CFR 127.27). The initial recipient procedure allows

EPA to direct NPDES permittees to use EPA's electronic reporting tools
for one or more NPDES data groups if the authorized NPDES program
cannot fully meet the requirements to be an initial recipient.
    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 continuing their work on implementing Phase 1. 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. EPA used these
workgroups to provide states with more information on Phase 2
implementation. See: https://www.epa.gov/compliance/data-entry-guidance-and-technical-papers. The EPA-state General Permit and Program
Report Technical Workgroup meets monthly and 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 is discussing 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 received letters from authorized NPDES programs on how to
improve Phase 2 implementation of the NPDES eRule. The letters
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, EPA proposed changes to the NPDES eRule to allow for a
smoother transition from paper to electronic reporting for the NPDES
program (see February 28, 2020; 85 FR 11909). EPA received comments on
the proposal from seven states, one state association, and one
anonymous commenter. The final rule addresses these comments and
postpones the compliance deadlines for Phase 2 implementation period of
the NPDES eRule. This final rule also provides states with additional
flexibility to request additional time as needed. Further, this final
rule promulgates clarifying changes to the NPDES eRule and eliminates
some duplicative or outdated reporting requirements.
    Finally, in a separate rulemaking, EPA has finalized updates to 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 15,
2020; 85 FR 20873. These changes to the NPDES eRule correct obsolete
citations and previous inconsistencies with the newly modified MS4
Phase II regulations. See December 8, 2016; 81 FR 89320. These updates
do not change the burden associated with complying with the NPDES eRule
but, rather, these changes assist permitting authorities and MS4
permittees in implementing NPDES electronic reporting.

III. Postponement of Phase 2 Compliance Deadlines

A. Phase 2 Implementation Deadline

    This final rule postpones the compliance deadlines for Phase 2
implementation of the NPDES eRule from December 21, 2020, to December
21, 2025 (see Table 1 to 40 CFR 127.16). EPA received comments from
seven authorized NPDES programs and one state association on how to
improve Phase 2 implementation of the NPDES eRule (see Document Nos:
EPA-HQ-OECA-2019-0408-0022 through 0029; available at https://www.regulations.gov).
    The comments were generally supportive of the proposed rule and
requested more time for Phase 2 implementation than the three-year
extension in the proposed rule. The Association of Clean Water
Administrators (ACWA) and other states requested that, ``EPA should
invest the necessary resources to complete the ICIS-NPDES updates and
to meet all NeT/NetDMR commitment obligations to allow states and EPA
to meet the new deadlines . . . States are also very interested in
engaging with EPA to identify and prioritize important areas for
updating/enhancing ICIS-NPDES.'' ACWA and other states noted their
appreciation for EPA's financial support through the Exchange Network
Grant Program. They also requested that EPA make additional dedicated
grant funding available to States for NPDES eRule implementation. ACWA
also expressed appreciation for the continuing opportunities to
participate on workgroups associated with NPDES eRule implementation.
    ACWA and state commenters recommended that EPA extend the Phase 2
compliance deadlines for Phase 2 implementation by five years instead
of the proposed three years. ACWA noted that it does not believe that
three years will be adequate time to complete all the necessary work,
especially with the current COVID-19 crisis undermining the efficiency
of some of this work over the next six to twelve months. Iowa noted
that the postponement of the compliance deadline will allow states and
tribes to explore more cost-effective options for electronic reporting.
ACWA also suggested an alternative proposal that would set the Phase 2
compliance deadline to be three years after EPA completes the necessary
upgrades to its national NPDES data system to enable receipt of Phase 2
data.
    The final rule provides EPA and states with five additional years
to implement Phase 2. This timeframe responds to state comments for
more time and addresses concerns about the potential delays due to the
COVID-19 pandemic response. In addition, extending the Phase 2
compliance deadline by two additional years will provide EPA and
authorized NPDES programs with additional time to complete the
development of electronic tools. Maintaining a fixed date rather than
tying the deadline to completion of certain electronic reporting
solutions can help prioritize resources and focus attention on the
tasks necessary for the conversion to electronic reporting.
    In addition to postponing the Phase 2 compliance deadlines to
December 21, 2025, EPA is adding a reference to the 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 Phase 2
compliance deadlines and the addition of the reference to the
alternative Phase 2 compliance deadlines provisions, EPA is not making
any other changes to the requirements in these sections.

B. Deadline for Public Release of NNCR

    EPA proposed to delay the public release date of the NNCR by one
year, to December 21, 2022. EPA noted in the preamble to the proposed
rule that 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. See: https://

www.epa.gov/enforcement/national-compliance-initiatives. EPA further
explained that it would only be able to provide Phase 1 data in the
NNCR initially and would need to modify the NNCR as Phase 2 data
becomes available.
    ACWA on behalf of several states recommended that public release of
the NNCR (both Phase 1 and Phase 2) be delayed until known data quality
issues are resolved.
    In response, EPA has added regulatory language that explicitly
creates separate deadlines for the public release of the NNCR using
Phase 1 data (December 2022) and Phase 2 data (one year after the draft
report is made available to states but no later than December 2026).
The NNCR public release dates for Phase 2 data would be phased in over
time to give states at least one year to review and provide comments on
draft versions of the NNCR that incorporates Phase 2 data before EPA
releases a new version to the public. EPA will provide states with an
informal notice whenever a new draft version of the NNCR using Phase 2
data is ready for their review and comment. This will help EPA and
states identify and fix data quality and data sharing issues. The
deadline for issuance of the version of the NNCR that incorporates all
Phase 2 data will be December 2026, i.e., one year after revised
deadline for implementation of Phase 2 (similar to the approach in the
2015 NPDES eRule).
    Phase 1 data are already provided to the public through ECHO, so
even if data quality issues exist, the public already has access to
Phase 1 data, which includes noncompliance data. EPA does not think it
is necessary to delay public release of the NNCR for Phase 1 beyond
December 2022. 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 and improve data
sharing between EPA and authorized NPDES programs. EPA will continue to
help states improve their compliance with the data sharing requirements
in the NPDES eRule for Phase 1 data. In particular, EPA has provided
technical support to authorized states to resolve data sharing problems
and has developed a series of online dashboards to identify missing or
inaccurate Phase 1 data and track improvements in Phase 1 data sharing.
The benefit of this approach will 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.

IV. Alternative Phase 2 Compliance Deadlines

    In addition to postponing the Phase 2 compliance deadlines, EPA is
adding two regulatory provisions that create additional flexibility for
Phase 2 compliance. These two new provisions respond to the requests
from ACWA and from authorized NPDES programs for more time to develop
and implement the information technology solutions necessary for
electronic reporting of the Phase 2 data.
    The first regulatory provision [40 CFR 127.24(e)] allows authorized
NPDES programs to request additional time beyond December 21, 2025 to
implement Phase 2 of the NPDES eRule. Under this provision, an
authorized NPDES program must send a request to EPA for review and
approval. This request must identify the facilities, general permits,
program reports, or data elements for which the authorized NPDES
program needs additional time beyond December 21, 2025. For example, a
state may seek approval from EPA to postpone implementation of
electronic reporting for a NPDES general permit until an agreed-upon
time after December 21, 2025, but no later than December 21, 2028. EPA
estimates that no authorized state will need more time than that fixed
date, which is thirteen years after the effective date of the 2015
NPDES eRule. 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, 2025, EPA will not grant extensions
beyond December 21, 2028. Under today's rule, each alternative Phase 2
compliance deadline request must:
     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 the general permit, program report,
and related data elements covered by the request.
    EPA will 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 will return
alternative Phase 2 compliance deadline requests with insufficient
detail back to the Director within 30 days of receipt and provide
recommendations. EPA intends to approve or deny each complete
alternative Phase 2 compliance deadline request within 120 days of
receipt of a sufficiently detailed request. 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.
    EPA may elect to deny an alternative Phase 2 compliance deadline
request and then 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 will update its website with each alternative Phase
2 compliance deadline request and the corresponding Agency approval or
denial notice. EPA will provide updated information at: https://www.epa.gov/compliance/npdes-ereporting. EPA will 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.
    The second regulatory provision [40 CFR 127.24(f)] authorizes EPA
to, on its own initiative, allow for additional time for one or more
authorized NPDES programs (states and EPA Regions) to implement NPDES
electronic reporting beyond December 21, 2025. Under this provision,
EPA may 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). Use of this provision may be necessary if EPA has
not yet deployed the required electronic reporting tool (when EPA is
responsible for building the tool) or if EPA has not yet deployed the
protocols and systems for authorized NPDES programs to share one or
more data elements with EPA (when the state is responsible for building
the tool or generating the data). Under the provision, EPA may set an
alternative Phase 2 compliance deadline for up to three years but not
beyond December 21, 2028. EPA will 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 will provide notice to the one or more authorized
NPDES programs covered by each alternative Phase 2 compliance deadline
through an email or letter. This EPA notice will detail how EPA will
implement electronic reporting (when EPA is responsible for deploying
one or more electronic reporting tools) or how EPA will receive data
from authorized NPDES programs (when the state is responsible for
deploying one or more electronic reporting tools). This section of the
rule does not change the process for designating the initial recipient
of electronic NPDES information from NPDES-regulated facilities (see 40
CFR 127.27). This additional flexibility will also allow more time for
EPA and authorized NPDES programs to resolve any issues related to the
sharing of Phase 2 data.
    ACWA and most states requested that EPA remove the prohibition
against further extensions beyond the fixed 3-year date. States cited
the uncertainties ahead with the COVID-19 pandemic response, as well as
concerns that there could be further slippage in EPA's schedule for
updating the ICIS-NPDES data system and developing data collection
tools under EPA's NPDES electronic reporting Tool (``NeT''), whether
related to the pandemic or for other reasons.
    The final rule retains the proposed option for a fixed date that is
three years beyond the revised Phase 2 Compliance Deadlines. This means
that EPA can approve extensions up to, but not beyond, December 21,
2028. As previously noted, EPA estimates that no authorized state will
need more time than that fixed date, which is thirteen years after the
effective date of the 2015 NPDES eRule. This approach will help focus
EPA and state efforts on NPDES electronic reporting and help expedite
the benefits of electronic reporting to NPDES-regulated entities.
    Finally, the Iowa Department of Natural Resources (Iowa DNR)
commented that the language of the proposed 40 CFR 127.24(f) could be
read to authorize EPA to delay electronic reporting and establish an
implementation schedule for a state without that state's consent. Iowa
recommended in a meeting with EPA that EPA modify the language to make
clear that EPA cannot dictate to states how electronic reporting will
be implemented if the state is meeting the implementation schedule in
the rule (see Table 1, 40 CFR 127.16, and 40 CFR 127.23). See DCN 0027.
In response, EPA clarifies that this new provision does not alter the
approach taken in the 2015 NPDES eRule that gives states the option to
build and deploy one or more electronic reporting tools. EPA does not
dictate to states how electronic reporting will be implemented if the
state is meeting its obligations under the rule (e.g., implementation
schedule, data collection and sharing requirements) and complying with
EPA's Cross-media Electronic Reporting Rule (40 CFR part 3). EPA
modified the language in 40 CFR 127.24(f) to make clear that this
provision does not make any changes to the initial recipient
designation process, which is documented at 40 CFR 127.27.

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

    EPA solicited comment on several clarifying edits to the 2015 NPDES
eRule (see February 28, 2020; 85 FR 11913). These proposed changes are
intended to clarify and streamline NPDES eRule implementation. EPA
received two comments on these changes.
    ACWA noted its support for the ``minor refinements to the NPDES
eReporting Rule to reflect lessons learned over the last five years, to
streamline NPDES eRule implementation, and to clarify several Appendix
A data elements/descriptions, which include a number of suggestions
provided directly by states.'' ACWA also stated that it, ``does not
currently have any further specific recommendations for these
provisions/sections but expects individual states may provide such.
Where appropriate, ACWA can help EPA identify whether such
recommendations are supported by a majority of the states.'' EPA thanks
ACWA for the comment and its offer of help in implementing NPDES
electronic reporting.
    An anonymous commenter noted that, ``The proposed rule asks for
both the SIC code and NAICS code to be submitted. Requiring both seems
like an undue burden on the regulated community, given the regulatory
benefit. Since SIC codes are outdated, only NAICS codes should be
required and SIC codes should be optional.'' EPA notes that the comment
on the collection of SIC code data as an ``undue burden on the
regulated community'' is outside the scope of this rulemaking as the
data sharing requirements in this final rule are imposed on the
authorized NPDES programs and not on the regulated community. EPA
established the data sharing requirements on the regulated community in
the 2019 NPDES Applications and Program Updates Final Rule (see 12
February 2019; 84 FR 3324). Authorized NPDES programs must update their
NPDES permit applications to collect four-digit Standard Industrial
Classification (SIC) codes and the six-digit NAICS codes (see 84 FR
3327).
    EPA used the NPDES Electronic Reporting Rule--Phase 2 Extension
proposed rule to solicit comment on updates to the minimum set of NPDES
data that authorized NPDES program must share with EPA (see 28 February
2020; 85 FR 11923). EPA proposed that states share these data 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 proposed to require states to
share these NAICS code data with EPA when they approve NPDES permit
coverage as this will help lower the implementation costs to states.
Additionally, EPA does not see the continued sharing of these SIC code
data with EPA as undue burden on states. EPA did not receive any
negative comments regarding the burden of these revised data sharing
requirements on authorized NPDES programs.
    Additionally, for reason set forth in the proposed rule and in this
preamble to the final rule, EPA is amending the NPDES eRule to
incorporate clarifying changes. The changes adopted in the final rule:

 Correct the title for 40 CFR 123.45
 Provide greater clarity and specificity for the NNCR Category
I noncompliance definitions
 Correct Appendix A deficiency descriptions

 Correct data element name, description, and reference for
Biosolids or Sewage Sludge--Land Application or Surface Disposal
Deficiencies
 Correct the title of the ``Sewer Overflow/Bypass Event
Report''
 Delete the following two data elements: Reportable
Noncompliance Tracking and Reportable Noncompliance Tracking Start Date
 Provide greater clarity for the ``Facility Concentrated
Aquatic Animal Production (CAAP) Status'' data element name and
description
 Provide greater clarity on the `Permit Component' data element
with respect to unpermitted facilities
 Provide greater clarity on the Notice of Termination (NOT)
electronic reporting requirements
 Provide greater clarity on the ``Applicable Effluent
Limitations Guidelines'' data element and delete the duplicative data
element, ``Applicable Categorical Standards''
 Provide greater clarity on the ``Receiving Waterbody Name for
Permitted Feature'' data element name and description
 Require NAICS Code Data to match the 2019 NPDES Applications
and Program Updates Final Rule
 Add Variance Data Elements to Appendix A to match the 2019
NPDES Applications and Program Updates Final Rule
 Make two editorial changes to the NNCR language as noted below

    Specifically, Arkansas provided suggestions in comments on the
proposed rule to clarify the noncompliance reporting language at
Appendix A, 40 CFR 123.45 (see EPA-HQ-OECA-2019-0408-0027). These
comments noted that the criteria for monthly average permit limit
violations for determining Category I noncompliance should be clarified
as lower thresholds. These comments suggested the following clarifying
changes to Appendix A, 40 CFR 123.45 (underlined text below are the
suggested additions).
     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 in any two or more months in
a six-month period.
     Violations of monthly average permit effluent limits which
are exceeded in any four or more months in a six-month period.

EPA incorporated these changes into Appendix A, 40 CFR 123.45, as they
provide greater clarity on how these criteria currently work as lower
thresholds for triggering Category I noncompliance and represent the
Agency's long-standing interpretation and implementation of these
criteria (see Enforcement Management System: National Pollutant
Discharge Elimination System (Clean Water Act), Chapter VII, DCN 0028).

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. EPA will also provide
states with the data sharing protocols for Phase 2 data prior to
December 21, 2025. EPA will give states enough guidance and training
ahead of this deadline so that states have an orderly means to share
these data with EPA. 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 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 2617.02. You can find
a copy of the ICR in the docket for this rule, and it is briefly
summarized here. The information collection requirements are not
enforceable until OMB approves them.
    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 [see 40 CFR 123.43(d)].
    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
implement 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 and may be able to provide helpful
information or advice.
    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: Mandatory (40 CFR 123.43(d) and
127.24(e)).
    Estimated number of respondents: 48.
    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. In addition,
the EPA is amending the table in 40 CFR part 9 to list the regulatory
citations for the information collection activities contained in this
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 changes in this action only
directly covers 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. The final rule
indirectly affects NPDES permittees as it postpones the compliance
dates for Phase 2 implementation. Any costs associated with this
postponement are expected to be minimal for each regulatory entity.

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 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 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 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 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
changes in this action only cover states, tribes, and territories that
have NPDES program authorization.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

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.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, EPA amends 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 an entry for ``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                            2020-0037

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

* * * * *

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, 2025 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, 2025 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, 2025 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) introductory text 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, 2025 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), and (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, 2025 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, 2025 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, 2025 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, 2025 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) introductory text
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,
2025 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, 2025 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, 2025 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, revise the section heading, the introductory text,
paragraphs (a)(2)(i) through (iv), and appendix A to Sec.  123.45 to
read as follows:

Sec.  123.45  Noncompliance and program reporting.

    As of December 21, 2022, EPA must prepare and publish online public
(quarterly and annual) reports using data from Discharge Monitoring
Reports [40 CFR 122.41(l)(4)], Biosolids Annual Program Reports [40 CFR
part 503] (when the Regional Administrator is the Director), and
information that is required to be submitted by the State Director (see
Appendix A, 40 CFR part 127). As of December 21, 2026, EPA must prepare
and publish online public (quarterly and annual) reports using
information that is required to be submitted by NPDES-regulated
facilities and the State Director (see Appendix A, 40 CFR part 127).
EPA will provide authorized NPDES programs with at least one year to
review and provide comments on draft versions of the NNCR prior to
their public release.
    (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 a 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 in any two or more 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 or more 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)].

    (a) * * *

    Table 1 to Sec.   127.16(a)--Compliance Deadlines for Electronic
                    Submissions of NPDES Information
------------------------------------------------------------------------
                                               Compliance deadlines for
             NPDES information                electronic submissions \1\
------------------------------------------------------------------------
General Permit Reports [Notices of Intent    December 21, 2025.
 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, 2025 (when the
                                              state, tribe or territory
                                              is the authorized NPDES
                                              program). \ 2\
Concentrated Animal Feeding Operation        December 21, 2025.
 (CAFO) Annual Program Reports [40 CFR
 122.42(e)(4)].
Municipal Separate Storm Sewer System (MS4)  December 21, 2025.
 Program Reports [40 CFR 122.34(d)(3) and
 122.42(c)].
POTW Pretreatment Program Annual Reports     December 21, 2025.
 [40 CFR 403.12(i)].
Significant Industrial User Compliance       December 21, 2025.
 Reports in Municipalities Without Approved
 Pretreatment Programs [40 CFR 403.12(e)
 and (h)].
Sewer Overflow/Bypass Event Reports [40 CFR  December 21, 2025.
 122.41(l)(4), (6), (7), and 122.41(m)(3)].
CWA 316(b) Annual Reports [40 CFR part 125   December 21, 2025.
 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 a 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, 2028.

0
15. In Sec.  127.24, revise the section heading and add paragraphs (e)
and (f) to 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 a 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, 2028.
It is the duty of the authorized NPDES program to 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 intends to 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 on its website.
    (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
authorized NPDES programs. EPA may establish an alternative compliance
deadline up to three years beyond the currently applicable date, but in
no event beyond December 21, 2028. Separately, EPA will provide notice
to each authorized NPDES program covered by each alternative compliance
deadline. This notice will detail how EPA will implement electronic
reporting (when EPA is responsible for deploying one or more electronic
reporting tools) or how it will receive data from authorized NPDES
programs (when the authorized NPDES program is responsible for
deploying one or more electronic reporting tools). 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. This paragraph does not change
the process for designating the initial recipient of electronic NPDES
information from NPDES-regulated facilities. See Sec.  127.27.

0
16. In appendix A to part 127:
0
a. In table 1, revise the entry for ``9''; and
0
b. In table 2:
0
i. Under the center heading ``Basic Permit Information'', revise the
entries ``Permit Component'', ``Applicable Effluent Limitations
Guidelines'', ``NAICS Code'', and ``NAICS Code Primary Indicator'';
0
ii. Under the center heading ``Basic Permit Information'', remove the
entries for ``Reportable Noncompliance Tracking'' and ``Reportable
Noncompliance Tracking Start Date'';
0
iii. Under the center heading ``Permitted Feature Information'', remove
the entry for ``Receiving Waterbody Name for Permitted Feature'' and
add in its place ``Waterbody Name for Permitted Feature'';
0
iv. Remove the center heading ``Animal Feeding Operation Information on
NPDES Permit Application or Notice of Intent'' and add in its place
``Animal Feeding Operation Information'';
0
v. Under the newly revised center heading ``Animal Feeding Operation
Information'', remove the entry for ``Facility CAAP Designation'' and
add in its place ``Facility CAAP Status'';
0
vi. Under the center heading ``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))'', remove
the entry for ``Applicable Categorical Standards'';
0
vii. Under the center heading ``Cooling Water Intake Information on
NPDES Permit Application or Notice of Intent'', revise the entry for
``Source Water for Cooling Purposes'';
0
viii. Remove the center heading ``CWA section 316(a) Thermal Variance
Information on NPDES Permit Application or Notice of Intent'' and add
in its place ``NPDES Variance Information'';
0
ix. Under the newly revised center heading ``NPDES Variance
Information'', remove the entry ``Thermal Variance Request Type'' and
add in its place ``Variance Type'' and remove the entry ``Thermal
Variance Granted Date'' and add in its place ``Variance Action Date'';
0
x. Under the newly revised center heading ``NPDES Variance
Information'', add entries for ``Variance Request Version'', ``Variance
Status'', and ``Variance Submission Date'' after the entry for
``Variance Type'';
0
xi. Under the center heading ``Compliance Monitoring Activity
Information (Program Data Generated from Authorized NPDES Programs and
EPA)'', revise the entries for ``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''; and
0
xii. Under the center heading ``Compliance Monitoring Activity
Information (Data Elements Specific to Sewage Sludge/Biosolids Annual
Program Reports)'', remove the entry ``Biosolids or Sewage Sludge--Land
Application or Surface Disposal Deficiencies'' and add in its place
``Biosolids or Sewage Sludge-Violations''.
    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\
----------------------------------------------------------------------------------------------------------------
                                                                                Minimum frequency
   NPDES data  group No.\2\    NPDES data group    Program area         Data provider                \3\
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
9............................  Sewer Overflow/   Sewer Overflows  NPDES Permittee.........  Within 5 days of the
                                Bypass Event      and Bypass                                 time the permittee
                                Reports [40 CFR   Events.                                    becomes aware of
                                122.41(l)(4),                                                the sewer overflow
                                (6), (7), and                                                event (health or
                                122.41(m)(3)].                                               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
                                                                            citation          No.  (see Table 1)
----------------------------------------------------------------------------------------------------------------

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

                                                  * * * * * * *
Permit Component..............  This will identify one or more       122.2, 122.21,          1, 2.
                                 applicable NPDES subprograms         122.21(j)(6),
                                 (e.g., pretreatment, CAFO, CSO,      122.21(q),
                                 POTW, biosolids/sewage sludge,       122.28(b)(2)(ii),
                                 stormwater) for the permit record.   123.26, 123.41(a),
                                 This field is only required when     123.43(d), 403.10,
                                 the permit includes one or more      and 501.19.
                                 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             This data element will identify the  122.21, 122.21(j)(6),   1, 2, and 7.
 Limitations Guidelines.         one or more applicable effluent      122.21(q), 122.44,
                                 limitations guidelines and new       122.44(j),
                                 source performance standards for     122.28(b)(2)(ii),
                                 the facility by the corresponding    403.10(e), 403.10(f),
                                 40 CFR part number (e.g., part       403.12(i).
                                 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 North      40 CFR 122.21(f)(3),    1, 2, and 7.
                                 American Industry Classification     122.28(b)(2)(ii), EPA
                                 System (NAICS) codes/descriptions    SIC/NAICS Data
                                 that represents the economic         Standard, Standard
                                 activity of the facility. This       No. EX000022.2, 6
                                 field is required to be shared       January 2006, Office
                                 with the U.S. EPA when authorized    of Management and
                                 NPDES programs approve NPDES         Budget, Executive
                                 permit coverage after June 12,       Office of the
                                 2021 (i.e., two years after the      President, Final
                                 effective date of the 2019 NPDES     Decision on North
                                 Applications and Program Updates     American Industry
                                 Rule). See February 12, 2019; 84     Classification System
                                 FR 3324.                             (62 FR 17288),
                                                                      403.10(f).

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

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

                                                  * * * * * * *
Waterbody Name for Permitted    The name of the waterbody that is    122.21, 122.21(f)(9),   1,2.
 Feature.                        or will likely receive the           122.28(b)(2)(ii).
                                 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/description to       122.21(i)(2), 122.24,   1,2.
                                 indicate whether the facility        122.25,
                                 includes Concentrated Aquatic        122.28(b)(2)(ii).
                                 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        The unique code/description that     122.21(f)(9),           1, 2.
 Purposes.                       describes the one or more source     122.21(r),
                                 water for cooling purpose for each   122.28(b)(2)(ii),
                                 cooling water intake structure       125.86, 125.95,
                                 [e.g., 1 = Ocean, 2 = Estuary, 3 =   125.136, 401.14 and
                                 Great Lake, 4 = Fresh River, 5 =     CWA section 316(b).
                                 Lake/Reservoir, 6 = contract or
                                 arrangement with an independent
                                 supplier (or multiple suppliers)].
                                 Each cooling water intake
                                 structure will have its own
                                 ``Permitted Feature ID''

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                           NPDES Variance Information
----------------------------------------------------------------------------------------------------------------
Variance Type.................  The unique code(s)/description(s)    122.21(f)(10),          1.
                                 that describes the type for each     122.21(j)(1)(ix),
                                 variance request submitted by the    122.28(b)(2)(ii),
                                 NPDES-regulated entity [e.g.,        123.41, subpart H of
                                 fundamentally different factors      125 and CWA section
                                 (CWA Section 301(n)), non-           316(a).
                                 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)/description(s)    122.21(f)(10),          1.
                                 that describe whether each           122.21(j)(1)(ix),
                                 variance request from the NPDES-     122.28(b)(2)(ii),
                                 regulated entity is a new request,   123.41, subpart H of
                                 renewal, or a continuance for        125 and CWA section
                                 variances that do not expire. This   316(a).
                                 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)/description(s)    122.21(f)(10),          1.
                                 that describes the status for each   122.21(j)(1)(ix),
                                 the variance request submitted by    122.28(b)(2)(ii),
                                 the NPDES-regulated entity (e.g.,    123.41, subpart H of
                                 pending, approved, denied,           125 and CWA section
                                 withdrawn by NPDES-regulated         316(a).
                                 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 variance   122.21(f)(10),          1.
                                 request submitted by the NPDES-      122.21(j)(1)(ix),
                                 regulated entity to the NPDES        122.28(b)(2)(ii),
                                 permitting authority. The date       123.41, subpart H of
                                 must be provided in YYYY-MM-DD       125 and CWA section
                                 format where YYYY is the year, MM    316(a).
                                 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 variance   122.21(f)(10),          1.
                                 request when the NPDES permitting    122.21(j)(1)(ix),
                                 authority approves (grants,          122.28(b)(2)(ii),
                                 renews), denies, or terminates a     123.41, subpart H of
                                 variance request as well as the      125 and CWA section
                                 date when the NPDES-regulated        316(a).
                                 entity withdraws the variance
                                 request. For variances that do not
                                 expire, this is 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.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
   Compliance Monitoring Activity Information (Program Data Generated from Authorized NPDES Programs and EPA)
----------------------------------------------------------------------------------------------------------------
Deficiencies Identified         This is the unique code/description  123.26, 123.41(a), and  1.
 Through the Biosolids/Sewage    that that identifies each            CWA section 308.
 Sludge Compliance Monitoring.   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         This is the unique code/description  123.26, 123.41(a), and  1.
 Through the MS4 Compliance      that that identifies each            CWA section 308.
 Monitoring.                     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         This is the unique code/description  123.26, 123.41(a),      1.
 Through the Pretreatment        that that identifies each            403.10, and CWA
 Compliance Monitoring.          deficiency in the POTW's             section 308.
                                 authorized pretreatment program
                                 for each pretreatment compliance
                                 monitoring activity (e.g.,
                                 inspections, audits) by the
                                 regulatory authority. These unique
                                 codes include: (1) Failure to
                                 enforce against pass through and/
                                 or interference; (2) failure to
                                 submit required reports within 30
                                 days; (3) failure to meet
                                 compliance schedule milestones
                                 within 90 days; (4) failure to
                                 issue/reissue control mechanisms
                                 to 90% of SIUs within 6 months;
                                 (5) failure to inspect or sample
                                 80% of SIUs within the past 12
                                 months; and (6) failure to enforce
                                 standards and reporting
                                 requirements.

Deficiencies Identified         This is the unique code/description  122.41(h),              1.
 Through the Sewer Overflow/     that that identifies each            122.41(l)(6) and (7),
 Bypass Compliance Monitoring.   deficiency in the POTW's control     122.43, 123.26,
                                 of combined sewer overflows,         123.41(a), and CWA
                                 sanitary sewer overflows, or         sections 308 and
                                 bypass events for each compliance    402(q)(1).
                                 monitoring activity (e.g.,
                                 inspections, audits) by the
                                 regulatory authority. This data
                                 element includes unique codes to
                                 identify when a POTW has failed to
                                 provide 24-hour notification to
                                 the NPDES permitting authority or
                                 failed to submit the Sewer
                                 Overflow/Bypass Event Report
                                 within the required 5-day period.
                                 This data element also includes
                                 unique codes to identify when the
                                 POTW failed to comply with any
                                 applicable long-term CSO control
                                 plan, permit requirements, or
                                 enforcement actions.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
  Compliance Monitoring Activity Information (Data Elements Specific to Sewage Sludge/Biosolids Annual Program
                                                    Reports)
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Biosolids or Sewage Sludge--    This data element is applicable to   503.18, 503.28, 503.48  4.
 Violations.                     facilities that use land
                                 application, active surface
                                 disposal site (e.g., monofills,
                                 surface impoundments, lagoons,
                                 waste piles, dedicated disposal
                                 sites, and dedicated beneficial
                                 use sites), and/or incineration.
                                 This data element uses one or more
                                 unique codes/descriptions to
                                 identify all violations. This
                                 includes violations of additional
                                 or more stringent requirements (40
                                 CFR 503.5), sampling and analysis
                                 requirements (40 CFR 503.8), land
                                 application requirements (40 CFR
                                 503, Subpart B), surface disposal
                                 requirements (40 CFR 503, Subpart
                                 C), pathogen and vector attraction
                                 reduction requirements (40 CFR
                                 503, Subpart D), and incineration
                                 requirements (40 CFR 503, Subpart
                                 E).

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
Notes:
(1) The NPDES program authority may pre-populate these data elements and other data elements (e.g., Federal
  Registry System ID) in the NPDES electronic reporting systems in order to create efficiencies and
  standardization. For example, the NPDES program authority may configure their electronic reporting system to
  automatically generate NPDES IDs for control mechanisms for new facilities reported on a Pretreatment Program
  Report [40 CFR 403.12(i)]. Additionally, the NPDES program authority may decide whether to allow NPDES
  regulated entities to override these pre-populated data.
(2) The data elements in this table conform to the EPA's policy regarding the application requirements for
  renewal or reissuance of NPDES permits for discharges from Phase I municipal separate storm sewer systems
  (published in the Federal Register on August 6, 1996).
(3) The data elements in this table are also supported by the Office Management and Budget approved permit
  applications and forms for the NPDES program.
(4) These data will allow EPA and the NPDES program authority to link facilities, compliance monitoring
  activities, compliance determinations, and enforcement actions. For example, these data will provide several
  ways to make the following linkages: linking violations to enforcement actions and final orders; linking
  single event violations and compliance monitoring activities; linking program reports to DMRs; linking program
  reports to compliance monitoring activities; and linking enforcement activities and compliance monitoring
  activities.

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

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

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

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

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

* * * * *
    (e) * * *
    (1) Any Industrial User subject to a categorical Pretreatment
Standard (except a Non-Significant Categorical User as defined in Sec.
403.3(v)(2)), after the compliance date of such Pretreatment Standard,
or, in the case of a New Source, after commencement of the discharge
into the POTW, shall submit to the Control Authority during the months
of June and December, unless required more frequently in the
Pretreatment Standard or by the Control Authority or the Approval
Authority, a report indicating the nature and concentration of
pollutants in the effluent which are limited by such categorical
Pretreatment Standards. In addition, this report shall include a record
of measured or estimated average and maximum daily flows for the
reporting period for the Discharge reported in paragraph (b)(4) of this
section except that the Control Authority may require more detailed
reporting of flows. In cases where the Pretreatment Standard requires
compliance with a Best Management Practice (or pollution prevention
alternative), the User shall submit documentation required by the
Control Authority or the Pretreatment Standard necessary to determine
the compliance status of the User. At the discretion of the Control
Authority and in consideration of such factors as local high or low
flow rates, holidays, budget cycles, etc., the Control Authority may
modify the months during which the above reports are to be submitted.
For Industrial Users for which EPA or the authorized state, tribe, or
territory is the Control Authority, as of December 21, 2025 or an EPA-
approved alternative date (see 40 CFR 127.24(e) or (f)), all reports
submitted in compliance with this section must be submitted
electronically by the industrial user to the Control Authority or
initial recipient, as defined in 40 CFR 127.2(b), in compliance with
this section and 40 CFR part 3 (including, in all cases, subpart D to
part 3), 40 CFR 122.22, and 40 CFR part 127. 40 CFR part 127 is not
intended to undo existing requirements for electronic reporting. Prior
to this date, and independent of 40 CFR part 127, the Industrial Users
for which EPA

or the authorized state, tribe, or territory is the Control Authority
may be required to report electronically if specified by a particular
control mechanism or if required to do so by state law.
* * * * *
    (h) Reporting requirements for Industrial Users not subject to
categorical Pretreatment Standards. The Control Authority must require
appropriate reporting from those Industrial Users with Discharges that
are not subject to categorical Pretreatment Standards. Significant Non-
categorical Industrial Users must submit to the Control Authority at
least once every six months (on dates specified by the Control
Authority) a description of the nature, concentration, and flow of the
pollutants required to be reported by the Control Authority. In cases
where a local limit requires compliance with a Best Management Practice
or pollution prevention alternative, the User must submit documentation
required by the Control Authority to determine the compliance status of
the User. These reports must be based on sampling and analysis
performed in the period covered by the report, and in accordance with
the techniques described in 40 CFR part 136 of this chapter and
amendments thereto. This sampling and analysis may be performed by the
Control Authority in lieu of the significant non-categorical Industrial
User. For Industrial Users for which EPA or the authorized state,
tribe, or territory is the Control Authority, as of December 21, 2025
or an EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all
reports submitted in compliance with this section must be submitted
electronically by the industrial user to the Control Authority or
initial recipient, as defined in 40 CFR 127.2(b), in compliance with
this section and 40 CFR part 3 (including, in all cases, subpart D to
part 3), 40 CFR 122.22, and 40 CFR part 127. 40 CFR part 127 is not
intended to undo existing requirements for electronic reporting. Prior
to this date, and independent of 40 CFR part 127, the Industrial Users
for which EPA or the authorized state, tribe, or territory is the
Control Authority may be required to report electronically if specified
by a particular control mechanism or if required to do so by state law.
    (i) Annual POTW reports. POTWs with approved Pretreatment Programs
shall provide the Approval Authority with a report that briefly
describes the POTW's program activities, including activities of all
participating agencies, if more than one jurisdiction is involved in
the local program. The report required by this section shall be
submitted no later than one year after approval of the POTW's
Pretreatment Program, and at least annually thereafter, and must
include, at a minimum, the applicable required data in appendix A to 40
CFR part 127. The report required by this section must also include a
summary of changes to the POTW's pretreatment program that have not
been previously reported to the Approval Authority and any other
relevant information requested by the Approval Authority. As of
December 21, 2025 or an EPA-approved alternative date (see 40 CFR
127.24(e) or (f)), all annual reports submitted in compliance with this
section must be submitted electronically by the POTW Pretreatment
Program to the Approval Authority or initial recipient, as defined in
40 CFR 127.2(b), in compliance with this section and 40 CFR part 3
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22,
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing
requirements for electronic reporting. Prior to this date, and
independent of 40 CFR part 127, the Approval Authority may also require
POTW Pretreatment Programs to electronically submit annual reports
under this section if specified by a particular permit or if required
to do so by state law.
* * * * *

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

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

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

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

Sec.  503.18  Reporting.

    Class I sludge management facilities, POTWs (as defined in Sec.
501.2 of this chapter) with a design flow rate equal to or greater than
one million gallons per day, and POTWs that serve 10,000 people or more
shall submit a report on February 19 of each year. As of December 21,
2016, all reports submitted in compliance with this section must be
submitted electronically by the operator to EPA when the Regional
Administrator is the Director in compliance with this section and 40
CFR part 3 (including, in all cases, subpart D to part 3), 40 CFR
122.22, and 40 CFR part 127. Otherwise, as of December 21, 2025, or an
EPA-approved alternative date (see 40 CFR 127.24(e) or (f)), all
reports submitted in compliance with this section must be submitted
electronically in compliance with this section and 40 CFR part 3
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22,
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing
requirements for electronic reporting. Prior to the compliance
deadlines for electronic reporting (see Table 1 in 40 CFR 127.16), the
Director may also require operators to electronically submit annual
reports under this section if required to do so by State law.
    (a) The information in Sec.  503.17(a), except the information in
Sec.  503.17(a)(3)(ii), (a)(4)(ii) and in (a)(5)(ii), for the
appropriate requirements on February 19 of each year.
    (b) The information in Sec.  503.17(a)(5)(ii)(A) through (G) on
February 19th of each year when 90 percent or more of any of the
cumulative pollutant loading rates in Table 2 of Sec.  503.13 is
reached at a land application site.

0
21. Revise Sec.  503.28 to read as follows:

Sec.  503.28  Reporting.

    Class I sludge management facilities, POTWs (as defined in 40 CFR
501.2) with a design flow rate equal to or greater than one million
gallons per day, and POTWs that serve 10,000 people or more shall
submit a report on February 19 of each year. As of December 21, 2016,
all reports submitted in compliance with this section must be submitted
electronically by the operator to EPA when the Regional Administrator
is the Director in compliance with this section and 40 CFR part 3
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22,
and 40 CFR part 127. Otherwise, as of December 21, 2025, or an EPA-
approved alternative date (see 40 CFR 127.24(e) or (f)), all reports
submitted in compliance with this section must be submitted
electronically in compliance with this section and 40 CFR part 3
(including, in all cases, subpart D to 40 CFR part 3), 40 CFR 122.22,
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing
requirements for electronic reporting. Prior to the compliance
deadlines for electronic reporting (see Table 1 in 40 CFR 127.16), the
Director may also require operators to electronically submit annual
reports under this section if required to do so by state law.

0
22. Revise Sec.  503.48 to read as follows:

Sec.  503.48  Reporting.

    Class I sludge management facilities, POTWs (as defined in Sec.
501.2 of this chapter) with a design flow rate equal to or greater than
one million gallons per day, and POTWs that serve a population of
10,000 people or greater shall submit a report on February 19 of each
year. As of December 21, 2016, all reports submitted in compliance with
this section must be submitted electronically by the operator to EPA
when the Regional Administrator is the Director in compliance with this
section and 40 CFR part 3 (including, in all cases, subpart D to 40 CFR
part 3), 40 CFR 122.22, and 40 CFR part 127. Otherwise, as of December
21, 2025, or an EPA-approved alternative date (see 40 CFR 127.24(e) or
(f)), all reports submitted in compliance with this section must be
submitted electronically in compliance with this section and 40 CFR
part 3 (including, in all cases, subpart D to part 3), 40 CFR 122.22,
and 40 CFR part 127. 40 CFR part 127 is not intended to undo existing
requirements for electronic reporting. Prior to the compliance
deadlines for electronic reporting (see Table 1 in 40 CFR 127.16), the
Director may also require operators to electronically submit annual
reports under this section if required to do so by state law.

[FR Doc. 2020-21446 Filed 10-30-20; 8:45 am]
BILLING CODE 6560-50-P