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EPA/OECA RIN: 2020-AA52 Publication ID: Spring 2020 
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 published a proposed rule to extend the Phase 2 deadlines from December 21, 2020, to December 21, 2023 (see February 28, 2020; 85 FR 11909). EPA and states will be able to build most if not all the necessary electronic reporting tools and systems before the new proposed deadlines. In addition to changing the Phase 2 compliance deadlines, EPA is proposing new regulatory provisions to create additional flexibility for Phase 2 compliance deadlines in case they are needed. The EPA proposes a new regulatory provision [40 CFR 127.24(e)] that would allow authorized NPDES programs to request additional time beyond December 21, 2023 to implement Phase 2 of the NPDES eRule but no later than December 21, 2026. EPA is also proposing to delay the public release date of the NPDES Noncompliance Report (NNCR) by one year, to December 21, 2022. This date will allow EPA and states to use the new NNCR as EPA is making decisions on its next round of its National Compliance Initiatives. See: Finally, EPA proposed clarifying edits to the 2015 NPDES eRule. These changes are based on EPA and state experience over the past few years during NPDES eRule implementation. These proposed changes are intended to clarify and streamline NPDES eRule implementation. The last two changes also include two new data sharing requirements related to NAICS codes and variance requests that were recently added to the NPDES application forms. See the 2019 NPDES Applications and Program Updates Rule (February 12, 2019; 84 FR 3324).

Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 122    40 CFR 123    40 CFR 403   
Legal Authority: 33 U.S.C. 1251 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/28/2020  85 FR 11909   
Final Rule  11/00/2020 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: No  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