View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
EPA/OECA | RIN: 2020-AA52 | Publication ID: Fall 2020 |
Title: NPDES Electronic Reporting Rule--Phase 2 Extension | |
Abstract:
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 NPDES reporting requirements with electronic reporting. These reports include: (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 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 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 DMRs and the Federal Biosolids Annual Report where EPA is the Regulatory Authority. EPA continues to provide technical assistance to states that need additional help for implementing Phase 1 of the NPDES eRule. All other reports and notices are part of Phase 2 implementation. EPA and states are much further behind in developing NPDES electronic reporting tools and systems for Phase 2 of the NPDES eRule. EPA proposed to extend the deadline for Phase 2 implementation of the NPDES eRule from December 21, 2020, to December 21, 2023 (see February 28, 2020; 85 FR 11909). To address specific cases where even more time is needed to implement Phase 2 of the NPDES eRule, EPA also proposed 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 received comments from seven states, one state association, and one anonymous commenter. EPA is drafting a final rule to respond to these comments. EPA also proposed 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. 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. Finally, EPA also proposed 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: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
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 |
||||||||||||
Timetable:
|
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 4303T, Washington, DC 20460 Phone:202 566-1014 Fax:202 566-1053 Email: johnston.carey@epa.gov |