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EPA/OECA RIN: 2020-AA52 Publication ID: Fall 2019 
Title: ●NPDES Electronic Reporting Rule – Phase 2 Extension 

EPA published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule (NPDES eRule) on 22 October 2015. This rule requires EPA and states to modernize Clean Water Act (CWA) reporting for municipalities, industries and other facilities. The rule replaces most paper-based National Pollutant Discharge Elimination System (NPDES) reporting requirements with electronic reporting. These reports include: (1) Discharge Monitoring Reports (DMRs); (2) Notices of Intent to discharge in compliance with a general permit; and (3) Other specified program reports. The rule also requires states and other regulatory authorities to share data electronically with EPA. The data that these regulatory authorities will share with EPA includes permit, compliance monitoring (e.g., inspection), violation determination, and enforcement action data. The transition to electronic reporting and the corresponding data sharing between EPA and states is designed to save state resources, make reporting easier for NPDES-regulated entities, streamline permit renewals, ensure full exchange of NPDES program data between states and EPA to the public, improve environmental decision-making, and protect human health and the environment.

This rulemaking will give EPA and states more time to implement electronic reporting for: (1) general permit reports (e.g., Notices of Intent to discharge in compliance with a general permit); and (2) other specified program reports. This is the NPDES eRule Phase 2 implementation period (40 CFR 127.26). EPA is proposing to extend the Phase 2 deadline from December 21, 2020, to December 21, 2023. EPA and states will be able to build most if not all the necessary electronic reporting tools and systems before the new proposed deadline. To address specific cases where even more time is needed to implement Phase 2 of the NPDES eRule, EPA is proposing a new electronic reporting waiver option for states. This proposed waiver option would give states the option to request more time from EPA to implement electronic reporting for one or more specific NPDES eRule Phase 2 general permits or program reports.

EPA will also extend the due date for the NPDES Noncompliance Report (NNCR) by three years (see 40 CFR 123.45). The proposed new due date will be December 21, 2024 (one year after the new Phase 2 deadline). This will allow EPA and states to properly prepare and implement Phase 2 data collection and sharing so that EPA will be able to publish this NPDES noncompliance report.

Finally, EPA also plans to propose some minor corrections to the NPDES eRule. These changes will clarify requirements and ease overall implementation of the NPDES eRule. These proposed changes will address questions raised by states during implementation of the NPDES eRule.

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 123    40 CFR 127   
Legal Authority: 33 U.S.C. sec. 1251 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2019 
Final Action  08/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Carey Johnston
Environmental Protection Agency
Office of Enforcement and Compliance Assurance
Washington, DC 20460
Phone:202 566-1014
Fax:202 566-1053

Randy Hill
Environmental Protection Agency
Office of Water
LE-132W, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-5474