Updates to NPDES eRule Data Elements To Reflect MS4 General Permit Remand Rule, 18200-18215 [2019-08733]
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pollution control, Incorporation by
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Dated: April 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2019–08626 Filed 4–29–19; 8:45 am]
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BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 127
[EPA–HQ–OW–2018–0293; FRL–9992–94–
OW]
RIN 2040–AF78
Updates to NPDES eRule Data
Elements To Reflect MS4 General
Permit Remand Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to update
specific data elements within the
National Pollutant Discharge
Elimination System (NPDES) Electronic
Reporting Rule (NPDES eRule)
published on October 22, 2015 (80 FR
64064), that apply to regulated
municipal separate storm sewer systems
(MS4s). These changes are necessary
given the promulgation of a separate
rulemaking after publication of the
NPDES eRule that modified the NPDES
permit requirements for small MS4s.
That rule, referred to as the MS4
General Permit Remand Rule, published
on December 9, 2016 (81 FR 89320),
made a number of the MS4-related data
elements in the NPDES eRule no longer
accurate. This proposed rule updates
those data elements to be consistent
with the current MS4 regulations,
corrects related typographical errors,
and makes other selected clarifications
at the request of state NPDES permitting
programs.
DATES: Comments must be received on
or before July 29, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SUMMARY:
OW–2018–0293, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Greg
Schaner, Office of Wastewater
Management, Water Permits Division
(4203M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone
number: (202) 564–0721; email address:
schaner.greg@epa.gov. Refer also to the
EPA’s website for further information
related to this proposed rule.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially regulated by this
proposed action include:
North American
industry
classification
system (NAICS)
code
Category
Examples of regulated entities
Federal and state government .................................................
Local governments ...................................................................
Military bases ...........................................................................
Highway, road, airport runways, and other thoroughfare systems owned or operated by the United States, by a State,
city, town, borough, county, parish, district, association or
other public body.
Large hospital complexes ........................................................
Public colleges and universities ...............................................
Large prison complexes ...........................................................
EPA or state NPDES stormwater permitting authorities ........
Operators of municipal separate storm sewer systems .........
Operators of small municipal separate storm sewer systems
Operators of small municipal separate storm sewer systems
924110
924110
928110
237310
Operators of small municipal separate storm sewer systems
Operators of small municipal separate storm sewer systems
Operators of small municipal separate storm sewer systems
622110
611310
922140
This table is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
regulated by this action. This table lists
the types of entities that EPA is now
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aware could potentially be regulated by
this action. Other types of entities not
listed in the table could also be
regulated. To determine whether your
entity is regulated by this action, you
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should carefully examine the
applicability criteria found in 40 CFR
122.26 and 122.32, and the discussion
in the preamble. If you have questions
regarding the applicability of this action
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to a particular entity, consult the person
listed in the FOR FURTHER INFORMATION
CONTACT section.
B. What action is the agency taking?
The EPA is proposing a set of changes
to the NPDES eRule that updates the
data elements that apply to regulated
MS4s. These changes are necessary
because of a separate rulemaking that
the EPA promulgated after publication
of the NPDES eRule. That rulemaking,
published on December 9, 2016 and
referred to as the MS4 General Permit
Remand Rule (MS4 Remand Rule),
modified the NPDES permit
requirements for small MS4s contained
within the Phase II stormwater
regulations. Promulgation of these Phase
II regulatory changes made a number of
the MS4-related data elements in the
NPDES eRule no longer accurate. This
proposed rule updates those specific
data elements to make them consistent
with current stormwater Phase II
regulations, corrects related
typographical errors, and clarifies some
other data elements at the request of
state NPDES permitting authorities. The
proposed changes are limited to the
correction of inaccuracies and the
addition of requested clarifications, and
do not increase the reporting burden on
regulated MS4 permittees.
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C. What is the agency’s authority for
taking this action?
This rule proposes to modify the
existing NPDES eRule; therefore, the
authorities for this action are derivative
of the authorities for that action. The
EPA promulgated the NPDES eRule on
October 22, 2015 (80 FR 64064)
pursuant to the Clean Water Act (CWA),
33 U.S.C. 1251 et seq., which added a
new part to title 40 (40 CFR part 127)
and made changes to existing
regulations. The EPA promulgated the
NPDES eRule under authority of the
CWA sections 101(f), 304(i), 308, 402,
and 501.
These proposed updates to the NPDES
eRule are necessary because the EPA
promulgated subsequent modifications
to the Phase II stormwater permitting
regulations for small MS4s, known as
the MS4 Remand Rule. The authority for
that rule is the Federal Water Pollution
Control Act, 33 U.S.C. 1251 et seq.,
including sections 402 and 501. The
MS4 Remand Rule was published on
December 9, 2016 (81 FR 89320) and
was incorporated into the Code of
Federal Regulations at 40 CFR
122.28(d), and as modifications to 40
CFR 122.33 thru 122.35.
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D. What are the incremental costs and
benefits of this action?
These proposed regulatory updates do
not increase the regulatory burden
associated with complying with the
NPDES eRule, but rather correct current
inconsistencies between the language
used in the current data elements and
the newly modified Phase II stormwater
regulations and make several
clarifications suggested by state NPDES
permitting authorities. EPA anticipates
no change in the overall cost burden to
affected entities to comply with the
NPDES eRule above what was projected
as a result of promulgating the rule.
III. Background
Under the NPDES eRule (promulgated
on October 22, 2015, see 80 FR 64064),
NPDES permitting authorities and
permittees must replace the paper-based
system of reporting permit information
and data with an electronic system. The
rule also lists specific data elements that
must be reported in EPA’s national
NPDES data system, the Integrated
Compliance Information System (ICIS)NPDES. See 40 CFR part 127, Appendix
A. Permitting authorities and permittees
must begin reporting electronically for
permitted MS4s on December 21, 2020.
Following the issuance of the NPDES
eRule, EPA promulgated changes to
certain Phase II stormwater permitting
requirements related to small MS4s.
This rulemaking, referred to as the MS4
General Permit Remand Rule (MS4
Remand Rule), was published on
December 9, 2016 (see 81 FR 89320),
and became effective as of January 9,
2017. The Phase II rule changes address
a decision by the U.S. Court of Appeals
for the Ninth Circuit in Environmental
Defense Center, et al. v. EPA, 344 F.3d
832 (9th Cir. 2003) (EDC decision). That
court found that EPA regulations for
obtaining coverage under a small MS4
general permit did not provide for
adequate public notice, the opportunity
to request a hearing, or permitting
authority review to determine whether
the best management practices (BMPs)
selected by each MS4 in its stormwater
management program (SWMP) meet the
CWA, including the requirement to
‘‘reduce the discharge of pollutants to
the maximum extent practicable.’’ The
Phase II rule changes resolved these
problems by revising the procedures to
be used to issue and administer small
MS4 general permits, and by making it
clear that the terms and conditions of
the permit are enforceable, not the
contents of the permittee-developed
SWMP.
Because the description of the MS4related data elements in Appendix A of
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the NPDES eRule were based on the
regulations in place prior to issuance of
the MS4 Remand Rule, it is necessary to
update the NPDES eRule to reflect these
changes. If left unchanged, the eRule
data elements would be inconsistent
with the new requirements for small
MS4 permits in the Phase II regulations.
EPA is taking this action now to ensure
that such inconsistencies are fixed, and
to correct a small number of
typographical errors and other mistakes
made in relevant parts of the Appendix
A data elements.
The EPA is also proposing to clarify
the MS4-related data elements to
address suggestions by authorized
NPDES programs that participated in
the EPA-State Stormwater Technical
Workgroup. The EPA convened the
EPA-State Stormwater Technical
Workgroup (Workgroup) to discuss the
MS4 data elements listed in Appendix
A to 40 CFR part 127. This Workgroup
met bi-weekly from November 2017, to
July 2018, and included approximately
100 subject matter experts from the EPA
Headquarters, seven EPA Regions, and
34 states. The EPA documented member
recommendations in a memorandum
entitled Implementation Technical
Paper No. 9: Data Requirements for
NPDES Electronic Reporting Rule
Stormwater Information (EPA, October
2018), posted on the EPA’s website at
https://www.epa.gov/compliance/dataentry-guidance-and-technical-papers.
This technical paper provides more
detail on electronic formatting and
submission of data elements required
through authorized NPDES program
inspections and oversight, MS4 program
compliance monitoring reports, NPDES
permit applications, and NPDES general
permit reports [e.g., Notices of Intent
(NOIs)]. The EPA plans to use this
technical paper to develop electronic
reporting tools and to update NPDES
data sharing protocols and schemas, the
EPA’s NPDES data system (ICIS–
NPDES), and the forthcoming NPDES
Noncompliance Report (NNCR).
IV. Types of Changes Proposed To
Correct Inconsistencies Between the
NPDES eRule Data Elements and Small
MS4 Permit Regulations
The changes needed to eliminate the
current inconsistencies between the
NPDES eRule data elements and the
post-MS4 Remand Rule regulations are
limited, and because these
inconsistencies are repeated frequently,
they fall into several broad categories.
The following describes the broad
categories of inconsistencies and the
types of proposed changes.
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A. Clarifications Concerning the Proper
Role of the NPDES Permit as the Correct
Source of the MS4’s Requirements
The MS4 Remand Rule modified the
Phase II stormwater regulations by,
among other things, clarifying that it is
the permit that establishes the
enforceable requirements for the MS4.
By establishing procedures for the
permitting authority to ensure that the
permit contains all of the requirements
to assess compliance, the MS4 Remand
Rule also clarified that these
requirements are not found in
documents such as the MS4’s Notice of
Intent for coverage or its SWMP, unless
the SWMP, or portions of it, has been
formally incorporated as part of the
permit following a review, approval,
and public notice process. For instance,
the MS4 Remand Rule preamble
clarified the relationship between the
permit and the SWMP as follows:
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EPA is revising § 122.34(a) to clarify that
the permit, not the stormwater management
program, contains the requirements,
including requirements for each of the six
minimum measures, for reducing pollutants
to the maximum extent practicable,
protecting water quality and satisfying the
appropriate water quality requirements of the
CWA. . . . [U]nder EPA’s small MS4
regulations, the details included in the
permittee’s SWMP document are not directly
enforceable as effluent limitations of the
permit. The SWMP document is intended to
be a tool that describes the means by which
the MS4 establishes its stormwater controls
and engages in the adaptive management
process during the term of the permit. While
the requirement to develop a SWMP
document is an enforceable condition of the
permit (see § 122.34(b) of the final rule), the
contents of the SWMP document and the
SWMP document itself are not enforceable as
effluent limitations of the permit, unless the
document or the specific details within the
SMWP are specifically incorporated by the
permitting authority into the permit. 81 FR
89339 (December 9, 2015).
The MS4 data elements in Table 2 of
the NPDES eRule’s Appendix A data
elements were based on the pre-MS4
Remand Rule version of the Phase II
regulations. Therefore, some of the
language used for the current data
elements does not accurately reflect that
the permit terms alone constitute the
enforceable requirements of the permit.
In order to ensure that reported
information related to MS4s accurately
reflects the regulations upon which they
are based, the EPA proposes to clarify
the descriptions of the data elements
where necessary to ensure that the
requirements that are reported and
tracked through electronic reporting are
the terms and conditions of the permit.
The following is a summary of the
changes that the EPA proposes in order
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to correct the inconsistencies described
above.
• Corrections to data elements that
reference the permittee’s intentions as
opposed to the permit requirements.
Language in the current Appendix A
data elements that describes the
permittee’s intentions in implementing
the ‘‘minimum control measure’’
components of its stormwater program
is not consistent with the current Phase
II regulations. For instance, the current
Appendix A data element description
for the public education and outreach
minimum control measure is described
as ‘‘The one or more unique codes/
descriptions that identifies educational
materials the permittee intends to
distribute or equivalent outreach
activities the permittee will implement
to inform the target audience about the
impacts of stormwater discharges and
the steps the public can take to reduce
stormwater pollutants’’ (emphasis
added). Use of this data description
made sense under the pre-MS4 Remand
Rule regulations, where the MS4’s
compliance obligation was contained
within the permittee’s SWMP, the
contents of which were also required to
be summarized in the MS4’s NOI, if the
permitting authority elected to issue a
general permit for eligible small MS4s.
The MS4 Remand Rule clarified,
among other things, that the MS4’s
description of its compliance actions
does not substitute for the terms and
conditions in the permit. The revised
Phase II regulations make it clear that
the permittee’s compliance is judged by
whether it has met the requirements of
the permit; the permittee’s intention as
reflected in its SWMP does not
constitute the basis for permit
compliance. Though, in the example
above, this language accurately reflected
existing regulatory requirements for the
public education and outreach
minimum control measure prior to the
MS4 Remand Rule, its emphasis on the
intention of the permittee, rather than
the permit requirements, is inconsistent
with the revised Phase II regulations.
EPA’s proposed rule modifies the
relevant language for each of the data
elements that includes this type of
language to reflect that the permit
establishes the enforceable
requirements, not the SWMP or NOI.
Using the public education and
outreach example again, this proposed
rule revises the data element description
to read as follows: ‘‘The one or more
unique codes/descriptions that
identifies the permit elements
associated with the public education
and outreach program requirements,
including any educational materials the
permittee is required to distribute or
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equivalent outreach activities the
permittee must implement to inform the
target audience about the impacts of
stormwater discharges and the steps the
public can take to reduce stormwater
pollutants.’’ This modification clarifies
that it is the specific ‘‘permit elements’’
related to the public education and
outreach program that the regulations
require the MS4 to report to the EPA.
Another related, yet minor, change
would modify the corresponding ‘‘Data
Name’’ to reflect that it is not the details
within the SWMP that define the
permittee’s compliance responsibilities.
Therefore, instead of using ‘‘MS4 Public
Education Program’’ as the data name,
the name would refer to ‘‘Public
Education and Outreach Permit
Requirements.’’ These same changes
would be made to the data elements for
the other minimum control measures.
• Corrections to data elements that
refer to the MS4’s ‘‘measurable goals’’ as
opposed to its permit requirements.
Several of the data elements refer to the
permittee’s ‘‘measurable goals,’’ which
is language that is no longer current
after EPA modified the Phase II
regulations. Previously, small MS4s
were required to submit information
describing the ‘‘specific actions taken by
the permittee to implement each BMP
and the frequency and the dates for such
actions.’’ See 64 FR 68763 (December 8,
1999). The submitted measurable goals
were then used as the basis for the
permittee’s enforceable requirements,
and the permittee was required to
evaluate and submit annual reports on
the progress made with respect to
meeting these measurable goals.
References to the MS4’s measurable
goals were largely removed from the
Phase II regulations to more clearly
convey that the terms and conditions in
the relevant permit are enforceable, not
the permittee’s proposed measurable
goals.
EPA’s proposed rule removes in the
current data elements references to
measurable goals and replaces them
with language that refers to the ‘‘specific
schedules or deadlines’’ for complying
with the relevant requirements of the
permit. For instance, one of the current
Appendix A data elements associated
with the construction site stormwater
minimum control measure is described
as ‘‘The one or more unique codes/
descriptions that identify the
measurable goals associated with the
construction program, including, as
appropriate, the months and years in
which the permittee will undertake
required actions, including interim
milestones and the frequency of the
action.’’ The proposed rule revises this
language as follows: ‘‘The one or more
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unique codes/descriptions that identify
specific schedules or deadlines for
complying with the permit’s
construction requirements, including, as
appropriate, the months and years in
which the permittee must undertake
each required action, including interim
milestones and the frequency of the
action.’’ Another related, yet minor,
change modifies the corresponding
‘‘Data Name’’ to remove language that
references the measurable goal and
substitutes it with the permit’s relevant
‘‘deadlines.’’
• Updates to the data element(s)
associated with permit requirements
established in addition to the minimum
control measure requirements. The
proposed rule also updates the language
used to describe MS4 terms and
conditions that are included in the
permit to address the modified Phase II
regulatory language at 40 CFR 122.34(c)
related to ‘‘other applicable NPDES
requirements.’’ These changes include
updates to the language used for the
‘‘Data Name’’ and ‘‘Data Description.’’
The proposed rule also corrects an error
by adding a data element that was
omitted from the current Table 2 related
to the deadlines associated with ‘‘other
applicable permit requirements.’’
• Additional clarifications to
accurately characterize the source of
data on permit requirements. The
proposed rule suggests a few additional
changes to clarify that the source of data
on an MS4’s permit requirements is the
permit itself, not the permit application
or NOI. For instance, the current title for
one of the Table 2 sections for MS4 data
elements is ‘‘Municipal Separate Storm
Sewer System (MS4) Information on
NPDES Permit Application or Notice of
Intent.’’ In order to clarify that the terms
and conditions that the MS4 is
responsible for meeting are found in the
permit, EPA proposes to modify this
title as follows: ‘‘Municipal Separate
Storm Sewer System (MS4) Information
in NPDES Permit.’’
B. Other Conforming Changes To Ensure
Consistency With the Current Phase II
Regulations
• Removing data element made
unnecessary or obsolete by the modified
Phase II regulations. One of the current
data elements requires information from
permittees that is no longer required
under the revised Phase II regulations.
The data element titled MS4 Permit
Components Descriptions and
Measurable Goals would be deleted
from Table 2 of Appendix A in the
section entitled ‘‘Compliance
Monitoring Activity Information (Data
Elements Specific to Municipal Storm
Sewer System Program Reports).’’ The
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current data element requests
information on ‘‘all of the permitted
components and measurable goals that
are included in the MS4 permit.’’ This
data element is redundant of the data
element that would now be titled
‘‘Municipal Separate Storm Sewer
System (MS4) Information in NPDES
Permit,’’ and for that reason may be
removed.
• Changes to conform data elements
to current Phase II reporting
requirements. The following are changes
made to data elements to reflect the
current Phase II reporting requirements
for small MS4s under 40 CFR
122.34(d)(3). These data elements are all
located in the section entitled
‘‘Compliance Monitoring Activity
Information (Data Elements Specific to
Municipal Storm Sewer System Program
Reports).’’
1. Status of Compliance with Each
Minimum Control Measure. The
proposed rule modifies this data
element to reflect the changes made to
the description of information required
to be reported under 40 CFR
122.34(d)(3)(i). To reflect the fact that
the Phase II regulations were changed to
require the permittee to include in its
report ‘‘[t]he status of compliance with
permit terms and conditions,’’
conforming changes are made to the
Data Name so that the revised Data
Name is ‘‘Status of Compliance with
MS4 Permit Requirements.’’ Similar
changes are made to the Data
Description to read as follows: ‘‘The
unique code . . . that identifies if the
permittee has complied with the MS4
permit requirements.’’
2. Results of Information Collected
and Analyzed. The current data
elements inadvertently omit information
required to be reported under 40 CFR
122.34(d)(3)(ii). This provision requires
small MS4 permittees to include in their
annual reports ‘‘[r]esults of information
collected and analyzed, including
monitoring data, if any, during the
reporting period.’’ The proposed rule
corrects this omission by adding a new
data element to capture this
information.
3. Progress and Summary of Results
with Each Minimum Control Measure.
The proposed rule modifies this data
element to reflect the changes made to
the description of information required
to be reported under 40 CFR
122.34(d)(3)(iii). To reflect the modified
description of the information to be
reported, namely ‘‘[a] summary of the
storm water activities the permittee
proposes to undertake to comply with
the permit during the next reporting
cycle,’’ conforming changes are made to
the Data Name (i.e., it would be changed
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to ‘‘Summary of Activities Undertaken
to Comply with the MS4 Permit
Requirements’’) and to the Data
Description (i.e., it would be changed to
‘‘This is a text summary describing the
stormwater activities undertaken by
each permittee to comply with the MS4
permit requirements.’’).
4. Changes to MS4 Permittee’s
Components and Measurable Goals. The
proposed rule modifies this data
element to reflect the changes made to
the description of information required
to be reported at 40 CFR
122.34(d)(3)(iv). To reflect the changes
in the regulations that require the
permittee to include in its report ‘‘[a]ny
changes made during the reporting
period to the permittee’s storm water
management program,’’ conforming
changes will be made to the Data Name
(i.e., it would be changed to ‘‘Summary
of Activities Undertaken to Comply
with the MS4 Permit Requirements’’)
and to the Data Description (i.e., it
would be changed to ‘‘The one or more
codes/descriptions that describe . . .
any changes made to the MS4
permittee’s Stormwater Management
Program (SWMP) during the reporting
period.’’).
• Clarification related to data
provided for small MS4 permittees
under a Two-Step General Permit
approach. For permitting authorities
that use a ‘‘Two-Step General Permit’’
under 40 CFR 122.28(d)(2) to provide
permit coverage for small MS4s, there is
flexibility regarding whether the
permittee or the NPDES authority will
be responsible for submitting data
initially. EPA envisions that most
NPDES authorities will choose to
require the permittee to supply the
initial information that characterizes
what actions the MS4 proposes to take
to address the permit requirements as a
first step. Then, during the second step
of the permitting process, the permitting
authority will modify this information
as necessary to reflect the final permit
requirements. To allow or authorize this
approach, the proposed rule includes
the following text for many of the data
elements in the ‘‘MS4 NPDES PermitRelated Information’’ section: ‘‘This data
element includes proposed activities
that are submitted by small MS4s
seeking coverage under a ‘Two-Step
General Permit.’ Following completion
of the second permitting step, the
authorized NPDES program will be
responsible for sharing the final permit
terms and conditions with the U.S. EPA
national NPDES data system as required
in Subpart B, 40 CFR 127.’’
Additionally, the EPA proposes
adding a note to the MS4 Permit-Related
Information section of Table 2 that
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provides a basic explanation of how the
Two-Step General Permit process is
designed to work, and how the permit
information for these types of permits is
to be reported. The following text is
proposed for the note: ‘‘Small MS4s
seeking coverage under a ‘Two-Step
General Permit’ issued pursuant to
§ 122.28(d)(2) will be required to submit
to the authorized NPDES program
information on stormwater control
activities they propose to take to address
specific requirements. The authorized
NPDES program will review this
information and then establish, through
a second permitting step, additional
permit terms and conditions, as
necessary to satisfy the MS4 permit
standard, for each MS4. The authorized
NPDES programs should use their best
professional judgement to adequately
identify the mandatory set of
requirements using actual language from
the permit, summarized versions of one
or more permit requirements, or a mix
of actual and summarized permit
requirements. Any summary of permit
requirements should provide a clear
understanding of the one or more permit
requirements. The requirements listed
in this section will be used to facilitate
electronic reporting of the MS4 Program
Report.’’
• Updates to regulatory citations to
reflect current Phase II regulations. The
proposed rule would update a number
of the existing MS4 regulatory citations
in Table 2 of Appendix A in order to
reflect changes made to the Phase II
regulations, and, in a few instances, to
correct erroneous citations that are
currently included in the table. For
instance, the current table references 40
CFR 122.28(b)(2)(ii) for the supporting
authority for the data elements
associated with each of the minimum
control measures. Because the modified
Phase II regulations now include a
section addressing small MS4 general
permits, this citation would be updated
to refer to the correct section (i.e., 40
CFR 122.28(d)). Elsewhere, the
proposed rule adds references to 40 CFR
122.33(b) to more accurately reflect the
current Phase II regulatory authority for
requiring basic system information. The
proposed rule also provides the updated
reference to the correct annual reporting
provision (i.e., 40 CFR 122.34(d)(3)).
Other examples include the proposed
addition of updated citations for Phase
I MS4s, such as an updated citation to
40 CFR 122.26(d)(2)(iv)(A)(6), (B)(5),
and (D)(4) to support the use of the data
element for ‘‘Deadlines Associated with
Public Education and Outreach Permit
Requirements’’ for Phase I MS4s.
• Corrections to current description of
the frequency of required small MS4
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reporting. The current Table 1
imprecisely notes that small MS4s are
required to report only in years two and
four of permit coverage. While this is
correct for small MS4s that have already
been permitted for at least one permit
term, if the permittee is in its first
permit term, it is required to report
annually for the entire permit term. The
proposed rule corrects this inaccuracy.
See 40 CFR 122.34(d)(3).
• Clarification of the types of MS4
permit holders that can be chosen under
the data element for MS4 Permit Class.
The proposed rule includes a minor
update to the examples of MS4 permit
types under the MS4 Permit Class data
element, which better reflect the types
of general permits that are described
under the revised Phase II permitting
regulations. The following examples
would replace the current examples:
Large/Medium MS4 permit (Phase I),
Small MS4 permit (Phase II)—
Comprehensive General Permit, Small
MS4 permit (Phase II)—Two-Step
General Permit, Small MS4 permit
(Phase II)—Individual Permit.
C. Other Clarifications Requested by
NPDES Permitting Authorities
During meetings of the EPA-State
Stormwater technical workgroup (see
Section III), Regional and state subject
matter experts suggested the need for
additional clarification to the MS4 data
elements. The clarifications that are
included in the proposed rule are
described as follows.
• Revised description of the types of
entities potentially covered under an
MS4 permit. The data description that
accompanies the unique MS4 identifier
data element does not reflect the fact
that regulated small MS4s can also
include so-called ‘‘non-traditional
MS4s,’’ such as colleges or universities,
military installations, transportation
systems, and state and federal facilities.
In order to more accurately describe the
different types of MS4s that can be
regulated, the proposed rule includes
the following modified language: ‘‘The
unique identifier for each entity covered
under an MS4 permit (e.g., city, county,
incorporated town, unincorporated
town, college or university, local school
board, military installation, highways or
other thoroughfares, federal facility,
state facility, prison).’’
A further clarification would be
added to better describe how the unique
identifier can be used to apply to
multiple MS4 entities covered under
one permit, as follows: ‘‘Use of this
identifier allows for better tracking of
how the MS4 permit elements apply to
each entity covered under the MS4
permit (e.g., if one MS4 NPDES permit
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covers two cities, the authorized NPDES
program may elect to assign each city
with a unique identifier). The
authorized NPDES program will make
the final determination on how to
identify entities covered under an MS4
permit.’’ Lastly, a minor change would
be made to the Data Name to better
describe the types of entities that may
be regulated; the Data Name would now
read as ‘‘Unique MS4 Regulated Entity
Identifier’’ instead of ‘‘Unique Identifier
for Each Municipality Covered Under
MS4 Permit.’’
Additionally, to better match the
existing regulations, the proposed rule
replaces references throughout Table 2
to ‘‘municipality’’ with the word or
phrase ‘‘entity’’ or ‘‘MS4-regulated
entity.’’
• Inclusion of a unique identifier for
each permit requirement or set of permit
requirements. The proposed rule would
require that each unique permit
requirement or set of permit
requirements be designated with a
‘‘Unique MS4 Activity Identifier.’’ This
addition is intended to improve the
accuracy of compliance reporting by
linking permit requirements to a unique
identifier. EPA does not consider this
additional identifier to constitute a
change in reporting burden given that
information on permit requirements is
already required; this new element will
merely ensure that each individual
permit requirement (referred to in
Appendix A as ‘‘the one or more unique
codes/descriptions that identify’’ the
permit requirement) can be recognized
with its own unique number or other
identifier.
• Consolidation of data elements
related to tracking implementation
activities performed by other
government entities. The existing data
elements require information to be
submitted with the annual report on
whether the MS4 permittee is relying on
other government entities to satisfy any
permit obligations, and to provide the
status of their implementation activities.
To assist the states in more accurately
tracking these other government entities
to the specific permit requirements for
which they have assumed
responsibility, the proposed rule moves
the requirement to report on the MS4’s
reliance on other government entities to
a different section of Table 2, namely
the MS4 NPDES Permit-Related
Information section. The Technical
Workgroup indicated that this change
would enable NPDES permitting
authorities to obtain information on the
MS4’s reliance on other government
entities in a way that will better enable
them to ensure that reporting on the
compliance status of these specific
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permit responsibilities will be accurate
and more easily understood. By making
this change, EPA proposes deleting two
existing elements, which would already
be addressed, namely the ‘‘MS4
Reliance on Other Government Entities
Status’’ and ‘‘MS4 Reliance on Other
Government Entities Permit Component
Status’’ data elements.
• Clarification of permit information
required for storm sewer system map.
The proposed rule would clarify that,
for previously permitted MS4
permittees, rather than requiring
information on ‘‘the status of the
permittee’s storm sewer system map’’
associated with the Illicit Discharge
Detection and Elimination permit
requirement, a more direct way of
conveying this information is to request
the ‘‘date of the most recent storm sewer
system map.’’ Additionally, the
proposed rule would clarify that the
requirement to show all ‘‘MS4 outfalls’’
on the storm sewer system map
excludes private outfalls. This
clarification is consistent with the
regulatory definition of MS4, which is
limited to stormwater conveyances
‘‘owned or operated by a . . . public
body’’ at 40 CFR 122.26(b)(8)(i).
Privately-owned conveyances and their
associated outfalls do not fall within the
definition of an MS4 because they are
not ‘‘owned or operated by a . . . public
body.’’
• Relocation of MS4 industrial
stormwater control data element. The
proposed rule would move the Phase I
MS4 industrial stormwater control data
element from its current location in the
‘‘Compliance Monitoring Activity’’
section of Table 2 to the newly named
MS4 NPDES Permit-Related Information
section. This change is not substantive,
but merely intended to better reflect the
fact that this information is typically
provided prior to permit coverage, much
like the other information included in
that same section.
Additionally, the proposed rule
would add an accompanying data
element for any permit deadlines
associated with the industrial
stormwater control requirements. EPA
does not consider this a new reporting
burden, but rather a clarification that
where the permit establishes specific
deadlines for actions related to
industrial stormwater control,
compliance with these dates must be
tracked.
• Ability to submit further
information regarding instances of
noncompliance. The existing data
element requiring information on
whether the permittee has complied
with the MS4 permit requirements
limits the information submitted to a
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‘‘Yes’’ or ‘‘No’’ response. Members of
the Technical Workgroup recommended
that MS4s be given the opportunity to
provide further information for context
if the answer is ‘‘No’’ (e.g., that the MS4
was not in compliance with one or more
permit requirements). To address this
recommendation, the proposed rule
suggests clarifying that MS4s as
necessary will be asked to provide
information related to noncompliance.
• Clarification of information
required to be reported in the summary
of activities to comply with the MS4
permit requirements. The proposed rule
clarifies that among the information that
must be conveyed by the MS4 in its
annual report is a summary of activities
undertaken (1) as part of the industrial
stormwater control program (for Phase I
MS4s and select Phase II MS4s that have
industrial stormwater requirements),
and (2) to comply with permit
requirements during the next reporting
period. This clarification does not
constitute a new reporting burden since
this information was already required to
be reported; the proposed text just
makes the requirement more clear.
• Clarification regarding how
information on enforcement actions
taken by Phase II MS4s is to be reported.
The proposed rule would clarify that
Phase II MS4s are not required to
distinguish between different types of
enforcement action, as Phase I MS4s are
required to do. In contrast with Phase I
MS4s, Phase II MS4s may simply report
any enforcement action taken as a
‘‘Phase II MS4 Enforcement Action.’’
The permitting authority may elect to
provide this option as a system default
so that MS4 permittees may simply
select ‘‘Phase II MS4 Enforcement
Action’’ to fulfill this requirement for
the reporting period.
• Clarification related to data
elements that may not apply to nontraditional MS4s. The proposed rule
would provide further clarification on
the data elements that may not apply
because non-traditional MS4s typically
do not possess the requisite legal
authority to enforce stormwater laws.
The following sentence would be added
to three data elements (i.e., ‘‘MS4
Enforcement Action Type,’’ ‘‘MS4
Enforcement Action Total by Type,’’
and ‘‘MS4 Enforcement Agency’’): ‘‘This
data element may have different
reported data for non-traditional MS4s
(e.g., transportation MS4s) as they may
not have legal authority to enforce one
or more MS4 permit requirements and
may report on items like referrals to the
state permitting authorities or use
mechanisms such as encroachment
permits.’’
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18205
• Clarification regarding how to
report the specific MS4 enforcement
agency in the annual report. The
proposed rule suggests alternate
wording to better explain how MS4
permittees will specifically identify in
the annual report the specific MS4
enforcement agency that was
responsible for taking enforcement
action during the reporting period. The
proposed language explains that the
permittee will select the MS4
enforcement agency from among the
unique MS4 regulated entities identified
during the permit application process
for co-permittees applying for coverage
under an individual permit, unless there
is only one regulated entity.
V. Statutory and Executive Orders
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
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 expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose any new
information collection burden under the
PRA. OMB has previously approved the
information collection activities
contained in the existing regulations
and has assigned OMB control number
2020–0035. The proposed rule would
impose no new information collection
burdens beyond what has already been
approved by OMB for the NPDES eRule
published on October 22, 2015 (80 FR
64064). This proposed rule is limited to
updating the language used to describe
various data requirements for MS4
permittees to reflect recent changes to
the underlying NPDES regulations and
to correct various errors and omissions.
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. In making this
determination, the impact of concern is
any significant adverse economic
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impact on small entities. An agency may
certify that a rule will not have a
significant economic impact on a
substantial number of small entities if
the rule relieves regulatory burden, has
no net burden, or otherwise has a
positive economic effect on the small
entities subject to the rule. This
proposed rule would impose no new
regulatory burdens on regulated entities
in the NPDES program. The action is
limited to updating the language used to
describe various data requirements for
MS4 permittees to reflect recent changes
to the underlying NPDES regulations, to
correct various errors and omissions, to
make targeted clarifications by request
of state NPDES permitting authorities.
We have therefore concluded that this
action will have no net regulatory
burden for all directly regulated small
entities.
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
action imposes no enforceable duty on
any state, local or tribal governments or
the private sector.
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 proposed rule does not have
tribal implications, as specified in
Executive Order 13175. EPA considered
the potential impacts on tribes and
concluded that there would be no
substantial direct compliance costs or
impact on tribes. Because the purpose of
the proposed rule is to eliminate
inconsistencies between regulations and
application forms, improve permit
documentation, transparency and
oversight, provide clarifications to
existing regulations, and delete outdated
provisions, it is not expected to have
substantial direct effects on tribal
governments, on the relationship
between the federal government and
Indian tribes, or on the distribution of
power and responsibilities between the
federal government and Indian tribes, as
specified in Executive Order 13175.
Executive Order 13175 does not apply
to this action and EPA determined that
tribal consultation is not necessary for
this action. The EPA specifically solicits
input on this proposed action from
tribal officials.
The EPA notes that it consulted with
tribal officials under the EPA Policy on
Consultation and Coordination with
Indian Tribes early in the process of
developing the final NPDES eRule,
which this proposal would modify, to
permit them to have meaningful and
timely input into its development. A
summary of that consultation is
provided in Section VIII.F of the final
NPDES eRule preamble at 80 FR 64094.
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that concern environmental
health or safety risks that EPA has
reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
I. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
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
EPA has determined that this final
rule will not have disproportionately
high and adverse human health or
environmental effects on minority or
low-income populations because it does
not affect the level of protection
provided to human health or the
environment. This proposed rule offers
the same environmental justice benefits
that were described in the final NPDES
eRule preamble in Section VIII.J. The
final rule preamble states that ‘‘[a]s
described in the context of nonmonetary benefits, discussed in Section
VI and described below, the final rule
would significantly increase
transparency and access to crucial
information that is relevant to the
protection of the health and
environment of minority, low income,
and tribal populations.’’ See 80 FR
64095.
List of Subjects in 40 CFR Part 122
Environmental protection, Electronic
data processing, Municipal separate
storm sewer systems, Reporting and
recordkeeping requirements, Water
pollution control.
Dated: April 23, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set forth in the
preamble, EPA proposes to amend 40
CFR part 127, Appendix A as follows:
PART 127—NPDES ELECTRONIC
REPORTING
1. The authority citation for part 127
continues to read as follows:
■
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
Authority: The Clean Water Act, 33 U.S.C.
1251 et seq.
2. Amend § 127, Appendix A, Table
1—Data Sources and Regulatory
Citations to read as follows:
■
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TABLE 1—DATA SOURCES AND REGULATORY CITATIONS 1
NPDES data
group number 2
*
6 .....................
VerDate Sep<11>2014
Program
area
NPDES Data Group
*
Municipal Separate Storm
Sewer System (MS4)
Program Reports [40
CFR 122.34(d)(3) and
122.42(c)].
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*
MS4
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Data provider
Minimum frequency 3
*
NPDES Permittee ..............
*
*
*
Annual for first permit term; Year two and year four in
subsequent permit terms (Small MS4), Annual (Medium and Large MS4).
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TABLE 1—DATA SOURCES AND REGULATORY CITATIONS 1—Continued
NPDES data
group number 2
*
NPDES Data Group
*
Program
area
Minimum frequency 3
Data provider
*
*
*
*
*
Note 1: Entities regulated by a NPDES permit will comply with all reporting requirements in their respective NPDES permit.
Note 2: Use the ‘‘NPDES Data Group Number’’ in this table and the ‘‘NPDES Data Group Number’’ column in Table 2 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.
Note 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.
3. Amend § 127, Appendix A, Table
2—Required NPDES Program Data to
read as follows:
■
TABLE 2—REQUIRED NPDES DATA
Data name
CWA, regulatory (40 CFR),
or other citation
Data description
NPDES data group
number
(see Table 1)
Basic Facility Information:
[Note: As indicated in the ‘‘CWA, Regulatory, or Other Citation’’ column, some of these data elements apply to Significant Industrial Users
(SIUs) and Categorical Industrial Users (CIUs) that discharge (including non-domestic wastewater delivered by truck, rail, and dedicated
pipe or other means of transportation) to one or more POTWs and to regulated entities or locations that generate, process, or receive
biosolids or sewage sludge.]
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Facility Type of Ownership.
Facility Site Name ....
The unique code/description identifying the type of facility
(e.g., state government, municipal or water district, Federal
facility, tribal facility). This data element is used by EPA’s
national NPDES data system to identify the facility type
(e.g., POTW, Non-POTW, and Federal).
The name of the facility ..............................................................
Facility Site Address
The address of the physical facility location ..............................
Facility Site City .......
The name of the city, town, village, or other locality, when
identifiable, within which the boundaries (the majority of) the
facility site is located. This is not always the same as the
city used for USPS mail delivery.
Facility Site State .....
The U.S. Postal Service (USPS) abbreviation for the state or
state equivalent for the U.S. where the facility is located.
Facility Site Zip Code
The combination of the 5-digit Zone Improvement Plan (ZIP)
code and the 4-digit extension code (if available) where the
facility is located. This zip code matches the ‘‘Facility Site
City’’ or the city used for USPS mail delivery.
Facility Site Tribal
Land Indicator.
The EPA Tribal Internal Identifier for every unit of land trust allotment (‘‘tribal land’’) within Indian Country (i.e., Federally
recognized American Indian and Alaska Native tribal entities). This unique number will identify whether the facility is
on tribal land and the current name of the American Indian
tribe or Alaskan Native entity. This unique number is different from the Bureau of Indian Affairs tribal code and does
not change when a Tribe changes its name.
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122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 122.44(j),
403.8(f), 403.10, 403.12(i),
503.18, 503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 122.44(j),
403.8(f), 403.10, 403.12(i),
503.18, 503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 122.44(j),
403.8(f), 403.10, 403.12(i),
503.18, 503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 122.44(j),
403.8(f), 403.10, 403.12(i),
503.18, 503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 122.44(j),
403.8(f), 403.10, 403.12(i),
503.18, 503.28, 503.48.
122.21, 122.21(q),
122.28(b)(2)(ii), 122.33(b),
503.18, 503.28, 503.48.
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1, 2, 4, and 7
1, 2, 4, and 7
1, 2, 4, and 7
1, 2, 4, and 7
1, 2, 4, and 7
1, 2, 4, and 7
1, 2, and 4
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TABLE 2—REQUIRED NPDES DATA—Continued
Facility Site Longitude.
Facility Site Latitude
Facility Contact Affiliation Type.
CWA, regulatory (40 CFR),
or other citation
The measure of the angular distance on a meridian east or
west of the prime meridian for the facility. The format for
this data element is decimal degrees (e.g., -77.029289) and
the WGS84 standard coordinate system. This data element
will also be used to describe the two-dimensional area (polygon) regulated by a municipal storm sewer system (MS4)
NPDES permit through use of multiple latitude and longitude
coordinates. This data element can also be system generated when the Facility Site Address, Facility Site City, and
Facility Site State data elements can be used to generate
accurate longitude and latitude values. (Note: ‘‘Post Office
Box’’ addresses and ‘‘Rural Route’’ addresses are generally
not geocodable.).
The measure of the angular distance on a meridian north or
south of the equator for the facility. The format for this data
element is decimal degrees (e.g., 38.893829) and the
WGS84 standard coordinate system. This data element will
also be used to describe the two-dimensional area (polygon) regulated by a municipal storm sewer system (MS4)
NPDES permit through use of multiple latitude and longitude
coordinates. This data element can also be system generated when the Facility Site Address, Facility Site City, and
Facility Site State data elements can be used to generate
accurate longitude and latitude values. (Note: ‘‘Post Office
Box’’ addresses and ‘‘Rural Route’’ addresses are generally
not geocodable.).
The affiliation of the contact with the facility (e.g., ‘‘Owner,’’
‘‘Operator,’’ or ‘‘Main Contact’’). This is a unique code/description that identifies the nature of the individual’s affiliation to the facility.
122.21, 122.21(q),
122.28(b)(2)(ii), 122.33(b),
503.18, 503.28, 503.48.
1, 2, and 4
122.21, 122.21(q),
122.28(b)(2)(ii), 122.33(b),
503.18, 503.28, 503.48.
1, 2, and 4
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.33(b), 403.8(f),
403.10, 403.12(i), 503.18,
503.28, 503.48.
1, 2, 4, and 7
Facility Contact First
Name.
The given name of an individual affiliated with this facility ........
Facility Contact Last
Name.
The surname of an individual affiliated with this facility ............
Facility Contact Title
The title held by an individual in an organization affiliated with
this facility.
Facility Individual EMail Address.
The business e-mail address of the designated individual affiliated with this facility.
Facility Organization
Formal Name.
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NPDES data group
number
(see Table 1)
Data description
Data name
1, 2, 4, and 7
1, 2, 4, and 7
1, 2, 4, and 7
1, 2, 4, and 7
The legal name of the person, firm, public organization, or
1, 2, 4, and 7
other entity that operates the facility described in this application. This name may or may not be the same name as
the facility. The operator of the facility is the legal entity that
controls the facility’s operation rather than the plant or site
manager. Do not use a colloquial name.
Basic Permit Information:
[Note: As indicated in the ‘‘CWA, Regulatory, or Other Citation’’ column, some of these data elements also apply to Significant Industrial
Users (SIUs) and Categorical Industrial Users (CIUs) that discharge (including non-domestic wastewater delivered by truck, rail, and
dedicated pipe or other means of transportation) to one or more POTWs in states where EPA or the State is the Control Authority and to
regulated entities or locations that generate, process, or receive biosolids or sewage sludge.]
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TABLE 2—REQUIRED NPDES DATA—Continued
Data name
Data description
CWA, regulatory (40 CFR),
or other citation
NPDES ID ................
This is the unique number for the NPDES permit or control
mechanism for NPDES regulated entities or Unpermitted ID
for an unpermitted facility. This data element is used for
compliance monitoring activities, violation determinations,
and enforcement actions. This data element also applies to
Significant Industrial Users (SIUs) and Categorical Industrial
Users (CIUs) that discharge (including non-domestic wastewater delivered by truck, rail, and dedicated pipe or other
means of transportation) to one or more POTWs in states
where the POTW is the Control Authority.
The unique identifier of the master general permit, which is
linked to a General Permit Covered Facility. This data element only applies to facilities regulated by a master general
permit.
122.2, 122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.34(d)(3),
122.41(l)(4)(i), 122.41(l)(6)
and (7), 122.41(m)(3),
122.42(c), 122.42(e)(4),
123.26, 123.41(a), 403.10,
403.12(e), 403.12(h),
403.12(i), 503.18, 503.28,
503.48.
122.2, 122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.34(d)(3),
122.41(l)(4)(i), 122.41(l)(6)
and (7), 122.41(m)(3),
122.42(c), 122.42(e)(4),
123.26, 123.41(a), 403.10,
403.12(e), 403.12(h),
403.12(i), 503.18, 503.28,
503.48.
*
*
*
This is the unique code/description that identifies the types of
NPDES program data that are required to be reported by
the facility. This corresponds to Table 1 in this appendix
(e.g., 3 = Discharge Monitoring Report [40 CFR
122.41(l)(4)]). This data element can be system generated.
This data element will record each NPDES Data Group that
the facility is required to submit. For example, when a
POTW is required to submit a Discharge Monitoring Report,
Sewage Sludge/Biosolids Annual Program Report,
Pretreatment Program Report, and Sewer Overflow/Bypass
Event Report, the values for this data element for this facility will be 3, 4, 7, and 9. The following general permit reports will have the following values for this data element: 2a
= Notice of Intent to discharge (NOI); 2b = Notice of Termination (NOT); 2c = No Exposure Certification (NOE); and 2d
= Low Erosivity Waiver or Other.
*
*
122.2, 122.21, 122.21(j)(6),
122.21(q), 122.28(b)(2)(ii),
122.34(d)(3),
122.41(l)(4)(i), 122.41(l)(6)
and (7), 122.41(m)(3),
122.42(c), 122.42(e)(4),
123.26, 123.41(a), 403.10,
403.12(e), 403.12(h),
403.12(i), 503.18, 503.28,
503.48 and CWA Section
308.
Master General Permit Number.
*
NPDES Data Group
Number.
NPDES data group
number
(see Table 1)
1, 2, 3, 4, 5, 6, 7, 8, 9
1,2
*
1
*
*
*
*
*
*
*
Municipal Separate Storm Sewer System (MS4) NPDES Permit-Related Information:
[Note: Small MS4s seeking coverage under a ‘‘Two-Step General Permit’’ issued pursuant to § 122.28(d)(2) are required to submit to the
authorized NPDES program information on stormwater control activities they propose to take to address specific requirements. The authorized NPDES program will review this information and then establish, through a second permitting step, additional permit terms and
conditions, as necessary to satisfy the MS4 permit standard, for each MS4. The authorized NPDES programs should use their best professional judgement to adequately identify the mandatory set of requirements using actual language from the permit, summarized
versions of one or more permit requirements, or a mix of actual and summarized permit requirements. Any summary of permit requirements should provide a clear understanding of the one or more permit requirements. The requirements listed in this section will be used
to facilitate electronic reporting of the MS4 Program Report.]
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The unique code/description that identifies the size and permit
type of the MS4 permit holder (e.g., Large/Medium MS4
permit (Phase I), Small MS4 permit (Phase II)—Comprehensive General Permit, Small MS4 permit (Phase II)—TwoStep General Permit, Small MS4 permit (Phase II)—Individual Permit).
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122.26, 122.28(b)(2)(ii),
122.33.
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TABLE 2—REQUIRED NPDES DATA—Continued
Data description
Unique MS4 Regulated Entity Identifier.
The unique identifier for each entity covered under an MS4
permit (e.g., city, county, incorporated town, unincorporated
town, college or university, local school board, military installation, highways or other thoroughfares, federal facility,
state facility, prison). Use of this identifier allows for better
tracking of how the MS4 permit elements apply to each entity covered under the MS4 permit (e.g., if one MS4 NPDES
permit covers two cities, the authorized NPDES program
may elect to assign each city with a unique identifier). The
authorized NPDES program will make the final determination on how to identify entities covered under an MS4 permit. This unique identifier must not change over time. Use
of this unique identifier is similar to how the ‘Permitted Feature Identifier’ data element is used to distinguish between
permitted features.
The unique identifier for each MS4 permit requirement or set
of MS4 permit requirements. The general expectation is that
each permit requirement or set of permit requirements will
be uniquely identified with this data element.
The one or more unique codes/descriptions that identifies the
permit elements associated with the public education and
outreach program requirements, including any educational
materials the permittee is required to distribute or equivalent
outreach activities the permittee must implement to inform
the target audience about the impacts of stormwater discharges and the steps the public can take to reduce
stormwater pollutants. This data element will use the
‘‘Unique MS4 Activity Identifier’’ to separately identify these
permit requirements. The MS4 must identify if it will rely on
another government entity to help the MS4 meet these requirements. This data element includes proposed activities
that are submitted by small MS4s seeking coverage under a
‘‘Two-Step General Permit.’’ Following completion of the
second permitting step, the authorized NPDES program will
be responsible for sharing the final permit terms and conditions with U.S. EPA as required in Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identifies specific schedules or deadlines for complying with the permit’s
public education and outreach requirements including, as
appropriate, the months and years in which the permittee
must undertake each required action, including interim milestones and the frequency of the action. This data element
will use the ‘‘Unique MS4 Activity Identifier’’ to separately
identify these permit requirements. The MS4 must identify if
it will rely on another government entity to help the MS4
meet these requirements. This data element includes proposed deadlines that are submitted by small MS4s seeking
coverage under a ‘‘Two-Step General Permit.’’ Following
completion of the second permitting step, the authorized
NPDES program will be responsible for sharing the final
permit terms and conditions with U.S. EPA as required in
Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identifies the
permit elements associated with the public involvement/participation program requirements, which must involve the
public and comply with State, Tribal, and local public notice
requirements. This data element will use the ‘‘Unique MS4
Activity Identifier’’ to separately identify these permit requirements. The MS4 must identify if it will rely on another government entity to help the MS4 meet these requirements.
This data element includes proposed activities that are submitted by small MS4s seeking coverage under a ‘‘Two-Step
General Permit.’’ Following completion of the second permitting step, the authorized NPDES program will be responsible for sharing the final permit terms and conditions with
U.S. EPA as required in Subpart B, 40 CFR 127.
Unique MS4 Activity
Identifier.
Public Education and
Outreach Permit
Requirements.
Deadlines Associated With Public
Education and
Outreach Permit
Requirements.
Public Involvement/
Participation Permit Requirements.
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or other citation
Data name
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122.21(f), 122.26(d)
122.28(b)(2)(ii),
122.34(d)(3), and
122.42(c).
122.21(f), 122.26(d)
122.28(b)(2)(ii),
122.34(d)(3), and
122.42(c).
122.26(d)(2)(iv)(A)(6), (B)(5)
and (6), and (D)(4);
122.28(d), 122.34(b)(1)
and (d)(3)(v).
NPDES data group
number
(see Table 1)
1
1, 6
1, 2
122.26(d)(2)(iv)(A)(6), (B)(5)
and (6), and (D)(4);
122.28(d), 122.34(b)(1)
and (d)(3)(v).
1, 2
122.21(f), 122.26(d)(2)(iv),
122.28(d), 122.34(b)(2)
and (d)(3)(v).
1, 2
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TABLE 2—REQUIRED NPDES DATA—Continued
Deadlines Associated With Public
Involvement/Participation Permit
Requirements.
Illicit Discharge Detection and Elimination Permit Requirements.
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Deadlines Associated With Illicit
Discharge Detection and Elimination Permit Requirements.
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NPDES data group
number
(see Table 1)
Data description
CWA, regulatory (40 CFR),
or other citation
The one or more unique codes/descriptions that identifies specific schedules or deadlines for complying with the permit’s
the public involvement/participation requirements including,
as appropriate, the months and years in which the permittee
must undertake each required action, including interim milestones and the frequency of the action. This data element
will use the ‘‘Unique MS4 Activity Identifier’’ to separately
identify these permit requirements. The MS4 must identify if
it will rely on another government entity to help the MS4
meet these requirements. This data element includes proposed activities that are submitted by small MS4s seeking
coverage under a ‘‘Two-Step General Permit.’’ Following
completion of the second permitting step, the authorized
NPDES program will be responsible for sharing the final
permit terms and conditions with U.S. EPA as required in
Subpart B, 40 CFR 127.
The one or more unique codes/descriptions and dates that
identify the permit elements associated with the Illicit Discharge Detection and Elimination requirements, including (at
a minimum): (1) The date of the most recent storm sewer
system map showing the location of all outfalls and names
and locations of all waters of the U.S. that receive discharges from those outfalls; (2) the ordinance or other regulatory mechanism to prohibit non-stormwater discharges into
the permittee’s MS4; (3) the procedures and actions the
permittee is required to take to enforce the prohibition of
non-stormwater discharges to the permittee’s MS4; (4) the
procedures and actions the permittee must take to detect
and address non-stormwater discharges, including illegal
dumping, to the permittee’s MS4; and (5) the procedures
and actions the permittee must take to inform public employees, businesses and the general public of hazards associated with illegal discharges and improper disposal of
waste. The term ‘‘MS4 outfalls’’ does not include private
outfalls. This data element will use the ‘‘Unique MS4 Activity
Identifier’’ to separately identify these permit requirements.
The MS4 must identify if it will rely on another government
entity to help the MS4 meet these requirements. This data
element includes proposed activities that are submitted by
small MS4s seeking coverage under a ‘‘Two-Step General
Permit.’’ Following completion of the second permitting step,
the authorized NPDES program will be responsible for sharing the final permit terms and conditions with U.S. EPA as
required in Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identify specific schedules or deadlines for complying with the permit’s
illicit discharge detection and elimination requirements, including, as appropriate, the months and years in which the
permittee must undertake each required action, including interim milestones and the frequency of the action. This data
element will use the ‘‘Unique MS4 Activity Identifier’’ to separately identify these permit requirements. The MS4 must
identify if it will rely on another government entity to help the
MS4 meet these requirements. This data element includes
proposed deadlines that are submitted by small MS4s seeking coverage under a ‘‘Two-Step General Permit.’’ Following
completion of the second permitting step, the authorized
NPDES program will be responsible for sharing the final
permit terms and conditions with U.S. EPA as required in
Subpart B, 40 CFR 127.
122.26(d)(2)(iv), 122.28(d),
122.34(b)(2) and (d)(3)(v).
1, 2
122.21(f), 122.26(d)(1)(iii)(B),
122.26(d)(2)(i)(B) and (C),
122.26(d)(2)(iv)(B),
122.34(b)(3)(ii)(A) and
(d)(3)(v).
1, 2
122.26(d)(1)(iii)(B),
122.26(d)(2)(i)(B) and (C),
122.26(d)(2)(iv)(B),
122.34(b)(3)(ii)(A)–(D) and
(d)(3)(v).
1, 2
Data name
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TABLE 2—REQUIRED NPDES DATA—Continued
Data description
Construction Site
Stormwater Runoff
Control Permit Requirements.
The one or more unique codes/descriptions that identify the
permit elements associated with the construction site runoff
control requirements, including (at a minimum): (1) The ordinance or other regulatory mechanism to require erosion and
sediment controls, including sanctions to ensure compliance; (2) requirements for construction site operators to implement appropriate erosion and sediment control BMPs
and control waste at the construction site that may cause
adverse impacts to water quality; (3) procedures for site
plan review that incorporate consideration of potential water
quality impacts; (4) procedures for receipt and consideration
of information submitted by the public; and (5) procedures
for site inspection and enforcement of control measures.
This data element will use the ‘‘Unique MS4 Activity Identifier’’ to separately identify these permit requirements. The
MS4 must identify if it will rely on another government entity
to help the MS4 meet these requirements. This data element includes proposed activities that are submitted by
small MS4s seeking coverage under a ‘‘Two-Step General
Permit.’’ Following completion of the second permitting step,
the authorized NPDES program will be responsible for sharing the final permit terms and conditions with U.S. EPA as
required in Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identify specific schedules or deadlines for complying with the permit’s
construction requirements, including, as appropriate, the
months and years in which the permittee must undertake
each required action, including interim milestones and the
frequency of the action. This data element will use the
‘‘Unique MS4 Activity Identifier’’ to separately identify these
permit requirements. The MS4 must identify if it will rely on
another government entity to help the MS4 meet these requirements. This data element includes proposed deadlines
that are submitted by small MS4s seeking coverage under a
‘‘Two-Step General Permit.’’ Following completion of the
second permitting step, the authorized NPDES program will
be responsible for sharing the final permit terms and conditions with U.S. EPA as required in Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identify the
permit elements associated with the Post Construction
Stormwater Management in New Development and Redevelopment requirements, including (at a minimum): (1) The
ordinance or other regulatory mechanism to address postconstruction runoff from new development and redevelopment projects; (2) the requirements to address stormwater
runoff from new development and redevelopment projects
that disturb a minimum of greater than or equal to one acre
(including if the permittee requires on-site retention of
stormwater); and (3) the requirements to ensure adequate
long-term operation and maintenance of BMPs for controlling runoff from new development and redevelopment
projects. This data element will use the ‘‘Unique MS4 Activity Identifier’’ to separately identify these permit requirements. The MS4 must identify if it will rely on another government entity to help the MS4 meet these requirements.
This data element includes proposed activities that are submitted by small MS4s seeking coverage under a ‘‘Two-Step
General Permit.’’ Following completion of the second permitting step, the authorized NPDES program will be responsible for sharing the final permit terms and conditions with
U.S. EPA as required in Subpart B, 40 CFR 127.
Deadlines Associated with the Construction Site
Stormwater Runoff
Control Permit Requirements.
Post-Construction
Stormwater Management in New
Development and
Redevelopment
Permit Requirements.
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NPDES data group
number
(see Table 1)
122.21(f),
122.26(d)(2)(iv)(D),
122.34(b)(4)(ii) and
(d)(3)(v).
1, 2
122.26(d)(2)(iv)(D),
122.34(b)(4)(ii) and
(d)(3)(v).
1, 2
122.21(f),
122.26(d)(2)(iv)(A)(2),
122.34(b)(5) and (d)(3)(v).
1, 2
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TABLE 2—REQUIRED NPDES DATA—Continued
Data description
CWA, regulatory (40 CFR),
or other citation
Deadlines Associated with the PostConstruction
Stormwater Management in New
Development and
Redevelopment
Permit Requirements.
The one or more unique codes/descriptions that identify specific schedules or deadlines for complying with the permit’s
post-construction requirements, including, as appropriate,
the months and years in which the permittee must undertake each required action, including interim milestones and
the frequency of the action. This data element will use the
‘‘Unique MS4 Activity Identifier’’ to separately identify these
permit requirements. The MS4 must identify if it will rely on
another government entity to help the MS4 meet these requirements. This data element includes proposed deadlines
that are submitted by small MS4s seeking coverage under a
‘‘Two-Step General Permit.’’ Following completion of the
second permitting step, the authorized NPDES program will
be responsible for sharing the final permit terms and conditions with U.S. EPA as required in Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identify the
permit elements associated with the Pollution Prevention/
Good Housekeeping requirements including (at a minimum):
Development and implementation of an operation and maintenance program that includes a training component and
has the ultimate goal of preventing or reducing pollutant
runoff from municipal operations. This data element will use
the ‘‘Unique MS4 Activity Identifier’’ to separately identify
these permit requirements. The MS4 must identify if it will
rely on another government entity to help the MS4 meet
these requirements. This data element includes proposed
activities that are submitted by small MS4s seeking coverage under a ‘‘Two-Step General Permit.’’ Following completion of the second permitting step, the authorized NPDES
program will be responsible for sharing the final permit
terms and conditions with U.S. EPA as required in Subpart
B, 40 CFR 127.
The one or more unique codes/descriptions that identifies specific schedules or deadlines for complying with the permit’s
pollution prevention/good housekeeping requirements, including, as appropriate, the months and years in which the
permittee must undertake each required action, including interim milestones and the frequency of the action. This data
element will use the ‘‘Unique MS4 Activity Identifier’’ to separately identify these permit requirements. The MS4 must
identify if it will rely on another government entity to help the
MS4 meet these requirements. This data element includes
proposed deadlines that are submitted by small MS4s seeking coverage under a ‘‘Two-Step General Permit.’’ Following
completion of the second permitting step, the authorized
NPDES program will be responsible for sharing the final
permit terms and conditions with U.S. EPA as required in
Subpart B, 40 CFR 127.
The one or more unique codes/descriptions that identify any
other applicable permit requirements, such as those related
to the assumptions and requirements of any available
wasteload allocation prepared by a state and approved by
EPA. This data element is optional if there are no additional
MS4 permit requirements. This data element will use the
‘‘Unique MS4 Activity Identifier’’ to separately identify these
permit requirements. The MS4 must identify if it will rely on
another government entity to help the MS4 meet these requirements. This data element includes proposed activities
that are submitted by small MS4s seeking coverage under a
‘‘Two-Step General Permit.’’ Following completion of the
second permitting step, the authorized NPDES program will
be responsible for sharing the final permit terms and conditions with U.S. EPA as required in Subpart B, 40 CFR 127.
122.26(d)(2)(iv)(A)(2),
122.34(b)(5) and (d)(3)(v).
1, 2
122.21(f), 122.26(d)(2)(iv),
122.26(d)(2)(iv)(A)(1), (2)
and (3), 122.34(b)(6)(i)
and (d)(3)(v).
1, 2
122.26(d)(2)(iv),
122.26(d)(2)(iv)(A)(1), (2)
and (3), 122.34(b)(6)(i)
and (d)(3)(v).
1, 2
122.26(d)(2)(iv), 122.34(c)
and (d)(3)(v),
122.44(d)(1)(vii)(B).
1, 2
Pollution Prevention/
Good Housekeeping for Municipal Operations
Permit Requirements.
Deadlines Associated with the Pollution Prevention/
Good Housekeeping for Municipal Operations
Permit Requirements.
Other Applicable
Permit Requirements.
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NPDES data group
number
(see Table 1)
Data name
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TABLE 2—REQUIRED NPDES DATA—Continued
CWA, regulatory (40 CFR),
or other citation
Data name
Data description
Deadlines Associated with the Other
Applicable Permit
Requirements.
The one or more unique codes/descriptions that identify specific schedules or deadlines for complying with the permit’s
other applicable permit requirements. This data element will
use the ‘‘Unique MS4 Activity Identifier’’ to separately identify these permit requirements. The MS4 must identify if it
will rely on another government entity to help the MS4 meet
these requirements. This data element includes proposed
deadlines that are submitted by small MS4s seeking coverage under a ‘‘Two-Step General Permit.’’ Following completion of the second permitting step, the authorized NPDES
program will be responsible for sharing the final permit
terms and conditions with U.S. EPA as required in Subpart
B, 40 CFR 127.
The one or more unique codes/descriptions that identify how
the Phase I MS4 permittee will comply with industrial
stormwater control requirements, including (at a minimum):
(1) Status of the ordinance or other regulatory mechanism
to control the contribution of pollutants by stormwater discharges associated with industrial activity, including authority to carry out all inspection, surveillance and monitoring
procedures necessary to determine compliance and noncompliance, and including sanctions to ensure compliance;
(2) status of the MS4 permittee industrial stormwater inventory, which identifies facilities with industrial activities and
assesses the quality of the stormwater discharged from
each facility with an industrial activity; (3) status of program
to monitor and control pollutants in stormwater discharges
from municipal landfills, hazardous waste treatment, disposal and recovery facilities, industrial facilities that are subject to Toxics Release Inventory (TRI) reporting requirements (Emergency Planning and Community Right-To-Know
Act Section 313), and industrial facilities that are contributing a substantial pollutant loading to the MS4; and (4) status of monitoring program for discharges associated with industrial facilities. This data element is optional for Phase II
MS4s. This data element will use the ‘‘Unique MS4 Activity
Identifier’’ to separately identify these permit requirements.
The one or more unique codes/descriptions that identifies specific schedules or deadlines for complying with the permit’s
industrial stormwater control requirements. This data element is optional for Phase II MS4s. This data element will
use the ‘‘Unique MS4 Activity Identifier’’ to separately identify these permit requirements.
MS4 Industrial
Stormwater Control (for Phase I
MS4s only).
Deadlines Associated with Industrial
Stormwater Control.
NPDES data group
number
(see Table 1)
122.26(d)(2)(iv), 122.34(c)
and (d)(3)(v),
122.44(d)(1)(vii)(B).
40 CFR 122.26(d)(2)(i)(A, B,
C, E, and F) and 40 CFR
122.26(d)(2)(ii) and
(iv)(A)(5) and (iv)(C),
122.42(c).
6
40 CFR 122.26(d)(2)(i)(A, B,
C, E, and F) and 40 CFR
122.26(d)(2)(ii) and
(iv)(A)(5) and (iv)(C),
122.42(c).
1
*
*
*
*
*
*
Compliance Monitoring Activity Information (Data Elements Specific to Municipal Separate Storm Sewer System Program Reports):
(Note: The MS4 permit may require one report for each unique governmental entity or one report per permit).
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Status of Compliance
with MS4 Permit
Requirements.
The unique code (e.g., ‘‘Yes’’, ‘‘No’’) that identifies if the permittee has complied with the MS4 permit requirements. As
necessary, the permittee will provide information related to
noncompliance.
Results of InformaThis is a text summary describing the results of information
tion Collected and
collected and analyzed, including monitoring data, if any,
Analyzed.
during the reporting period.
Summary of ActiviThis is a text summary describing the stormwater activities unties Undertaken to
dertaken by each permittee to comply with the MS4 permit
Comply with the
requirements. This includes a text summary of a the MS4
MS4 Permit Reprogram’s industrial stormwater control activities during the
quirements.
reporting period (required for Phase I MS4s, optional for
Phase II MS4s) as well as a summary of activities to be undertaken to comply with the MS4 permit requirements during the next reporting period.
Changes to MS4
The one or more codes/descriptions that describe for each
Permittee’s SWMP.
unique MS4 regulated entity any changes made to the MS4
permittee’s Stormwater Management Program (SWMP) during the reporting period.
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*
122.34(d)(3) and 122.42(c) ..
6
122.34(d)(3)(ii) and
122.42(c).
6
122.34(d)(3)(iii) and
122.42(c).
6
122.34(d)(3)(iv) and
122.42(c).
6
E:\FR\FM\30APP1.SGM
30APP1
Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Proposed Rules
18215
TABLE 2—REQUIRED NPDES DATA—Continued
MS4 Enforcement
Action Type.
MS4 Enforcement
Actions Total by
Type.
MS4 Enforcement
Agency.
NPDES data group
number
(see Table 1)
Data description
CWA, regulatory (40 CFR),
or other citation
For each unique MS4 regulated entity covered by the MS4
NPDES permit, this data element identifies the one or more
types of enforcement actions taken during the past reporting
period (e.g., notice of violations, stop work orders, administration orders, administrative fines, civil penalties, criminal
actions). Phase II MS4s have the option to only report one
type of enforcement action (‘‘Phase II MS4 Enforcement Action’’) taken during the reporting period (i.e., the authorized
NPDES program can system-generate this data element for
Phase II MS4s). This data element may have different reported data for non-traditional MS4s (e.g., transportation
MS4s) as they may not have legal authority to enforce one
or more MS4 permit requirements and may report on items
like referrals to the state permitting authorities or use mechanisms such as encroachment permits.
For each unique MS4 regulated entity covered under a Phase
II MS4 permit and for each MS4 Enforcement Action Type,
this data element identifies the total number of enforcement
actions taken by responsible MS4 Municipal Enforcement
Agency by enforcement action type. Phase II MS4s have
the option to only report this data element will be the total
number of enforcement actions taken during the reporting
period. This data element may have different reported data
for non-traditional MS4s (e.g., transportation MS4s) as they
may not have legal authority to enforce one or more MS4
permit requirements and may report on items like referrals
to the state permitting authorities or use mechanisms such
as encroachment permits.
This will identify the unique MS4 regulated entity that is responsible for each type of enforcement action conducted in
the reporting period. This column will be pre-populated and
un-editable if there is only one regulated entity covered by
the MS4 permit (i.e., there are no co-permittees). The MS4
will provide a list of identifiers for all co-permittees during
the NPDES permit application process (individual and general permit covered facilities). This data element may have
different reported data for non-traditional MS4s (e.g., transportation MS4s) as they may not have legal authority to enforce one or more MS4 permit requirements and may report
on items like referrals to the state permitting authorities or
use mechanisms such as encroachment permits.
122.34(d)(3) and 122.42(c) ..
6
122.34(d)(3) and 122.42(c) ..
6
122.34(d)(3) and 122.42(c) ..
6
Data name
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 EPA’s policy regarding the application requirements for renewal or reissuance of NPDES permits for discharges from Phase I municipal separate storm sewer systems (see 61 FR 41698; 6 August 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.
[FR Doc. 2019–08733 Filed 4–29–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
amozie on DSK9F9SC42PROD with PROPOSALS
42 CFR Part 422
[CMS–4185–N3]
RIN 0938–AT59
Medicare and Medicaid Programs; Risk
Adjustment Data Validation
Centers for Medicare &
Medicaid Services (CMS), HHS.
AGENCY:
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Proposed rule; extension of
comment period and the announcement
of the release of additional data.
ACTION:
This document extends the
comment period for the Risk
Adjustment Data Validation (RADV)
provisions of the proposed rule titled
‘‘Medicare and Medicaid Programs;
Policy and Technical Changes to the
Medicare Advantage, Medicare
Prescription Drug Benefit, Program of
All-inclusive Care for the Elderly
(PACE), Medicaid Fee-For-Service, and
Medicaid Managed Care Programs for
SUMMARY:
E:\FR\FM\30APP1.SGM
30APP1
]]>Agencies
[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Proposed Rules]
[Pages 18200-18215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08733]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 127
[EPA-HQ-OW-2018-0293; FRL-9992-94-OW]
RIN 2040-AF78
Updates to NPDES eRule Data Elements To Reflect MS4 General
Permit Remand Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update specific data elements within the National Pollutant Discharge
Elimination System (NPDES) Electronic Reporting Rule (NPDES eRule)
published on October 22, 2015 (80 FR 64064), that apply to regulated
municipal separate storm sewer systems (MS4s). These changes are
necessary given the promulgation of a separate rulemaking after
publication of the NPDES eRule that modified the NPDES permit
requirements for small MS4s. That rule, referred to as the MS4 General
Permit Remand Rule, published on December 9, 2016 (81 FR 89320), made a
number of the MS4-related data elements in the NPDES eRule no longer
accurate. This proposed rule updates those data elements to be
consistent with the current MS4 regulations, corrects related
typographical errors, and makes other selected clarifications at the
request of state NPDES permitting programs.
DATES: Comments must be received on or before July 29, 2019.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-OW-
2018-0293, at https://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from Regulations.gov. The EPA may publish any
comment received to its public docket. Do not submit electronically any
information you consider to be Confidential Business Information (CBI)
or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Greg Schaner, Office of Wastewater
Management, Water Permits Division (4203M), Environmental Protection
Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460; telephone
number: (202) 564-0721; email address: [email protected]. Refer also
to the EPA's website for further information related to this proposed
rule.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
Entities potentially regulated by this proposed action include:
------------------------------------------------------------------------
North American
industry
Category Examples of classification
regulated entities system (NAICS)
code
------------------------------------------------------------------------
Federal and state government.... EPA or state NPDES 924110
stormwater
permitting
authorities.
Local governments............... Operators of 924110
municipal separate
storm sewer
systems.
Military bases.................. Operators of small 928110
municipal separate
storm sewer
systems.
Highway, road, airport runways, Operators of small 237310
and other thoroughfare systems municipal separate
owned or operated by the United storm sewer
States, by a State, city, town, systems.
borough, county, parish,
district, association or other
public body.
Large hospital complexes........ Operators of small 622110
municipal separate
storm sewer
systems.
Public colleges and universities Operators of small 611310
municipal separate
storm sewer
systems.
Large prison complexes.......... Operators of small 922140
municipal separate
storm sewer
systems.
------------------------------------------------------------------------
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could potentially be regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria found in 40 CFR 122.26 and 122.32, and the
discussion in the preamble. If you have questions regarding the
applicability of this action
[[Page 18201]]
to a particular entity, consult the person listed in the FOR FURTHER
INFORMATION CONTACT section.
B. What action is the agency taking?
The EPA is proposing a set of changes to the NPDES eRule that
updates the data elements that apply to regulated MS4s. These changes
are necessary because of a separate rulemaking that the EPA promulgated
after publication of the NPDES eRule. That rulemaking, published on
December 9, 2016 and referred to as the MS4 General Permit Remand Rule
(MS4 Remand Rule), modified the NPDES permit requirements for small
MS4s contained within the Phase II stormwater regulations. Promulgation
of these Phase II regulatory changes made a number of the MS4-related
data elements in the NPDES eRule no longer accurate. This proposed rule
updates those specific data elements to make them consistent with
current stormwater Phase II regulations, corrects related typographical
errors, and clarifies some other data elements at the request of state
NPDES permitting authorities. The proposed changes are limited to the
correction of inaccuracies and the addition of requested
clarifications, and do not increase the reporting burden on regulated
MS4 permittees.
C. What is the agency's authority for taking this action?
This rule proposes to modify the existing NPDES eRule; therefore,
the authorities for this action are derivative of the authorities for
that action. The EPA promulgated the NPDES eRule on October 22, 2015
(80 FR 64064) pursuant to the Clean Water Act (CWA), 33 U.S.C. 1251 et
seq., which added a new part to title 40 (40 CFR part 127) and made
changes to existing regulations. The EPA promulgated the NPDES eRule
under authority of the CWA sections 101(f), 304(i), 308, 402, and 501.
These proposed updates to the NPDES eRule are necessary because the
EPA promulgated subsequent modifications to the Phase II stormwater
permitting regulations for small MS4s, known as the MS4 Remand Rule.
The authority for that rule is the Federal Water Pollution Control Act,
33 U.S.C. 1251 et seq., including sections 402 and 501. The MS4 Remand
Rule was published on December 9, 2016 (81 FR 89320) and was
incorporated into the Code of Federal Regulations at 40 CFR 122.28(d),
and as modifications to 40 CFR 122.33 thru 122.35.
D. What are the incremental costs and benefits of this action?
These proposed regulatory updates do not increase the regulatory
burden associated with complying with the NPDES eRule, but rather
correct current inconsistencies between the language used in the
current data elements and the newly modified Phase II stormwater
regulations and make several clarifications suggested by state NPDES
permitting authorities. EPA anticipates no change in the overall cost
burden to affected entities to comply with the NPDES eRule above what
was projected as a result of promulgating the rule.
III. Background
Under the NPDES eRule (promulgated on October 22, 2015, see 80 FR
64064), NPDES permitting authorities and permittees must replace the
paper-based system of reporting permit information and data with an
electronic system. The rule also lists specific data elements that must
be reported in EPA's national NPDES data system, the Integrated
Compliance Information System (ICIS)-NPDES. See 40 CFR part 127,
Appendix A. Permitting authorities and permittees must begin reporting
electronically for permitted MS4s on December 21, 2020.
Following the issuance of the NPDES eRule, EPA promulgated changes
to certain Phase II stormwater permitting requirements related to small
MS4s. This rulemaking, referred to as the MS4 General Permit Remand
Rule (MS4 Remand Rule), was published on December 9, 2016 (see 81 FR
89320), and became effective as of January 9, 2017. The Phase II rule
changes address a decision by the U.S. Court of Appeals for the Ninth
Circuit in Environmental Defense Center, et al. v. EPA, 344 F.3d 832
(9th Cir. 2003) (EDC decision). That court found that EPA regulations
for obtaining coverage under a small MS4 general permit did not provide
for adequate public notice, the opportunity to request a hearing, or
permitting authority review to determine whether the best management
practices (BMPs) selected by each MS4 in its stormwater management
program (SWMP) meet the CWA, including the requirement to ``reduce the
discharge of pollutants to the maximum extent practicable.'' The Phase
II rule changes resolved these problems by revising the procedures to
be used to issue and administer small MS4 general permits, and by
making it clear that the terms and conditions of the permit are
enforceable, not the contents of the permittee-developed SWMP.
Because the description of the MS4-related data elements in
Appendix A of the NPDES eRule were based on the regulations in place
prior to issuance of the MS4 Remand Rule, it is necessary to update the
NPDES eRule to reflect these changes. If left unchanged, the eRule data
elements would be inconsistent with the new requirements for small MS4
permits in the Phase II regulations. EPA is taking this action now to
ensure that such inconsistencies are fixed, and to correct a small
number of typographical errors and other mistakes made in relevant
parts of the Appendix A data elements.
The EPA is also proposing to clarify the MS4-related data elements
to address suggestions by authorized NPDES programs that participated
in the EPA-State Stormwater Technical Workgroup. The EPA convened the
EPA-State Stormwater Technical Workgroup (Workgroup) to discuss the MS4
data elements listed in Appendix A to 40 CFR part 127. This Workgroup
met bi-weekly from November 2017, to July 2018, and included
approximately 100 subject matter experts from the EPA Headquarters,
seven EPA Regions, and 34 states. The EPA documented member
recommendations in a memorandum entitled Implementation Technical Paper
No. 9: Data Requirements for NPDES Electronic Reporting Rule Stormwater
Information (EPA, October 2018), posted on the EPA's website at https://www.epa.gov/compliance/data-entry-guidance-and-technical-papers. This
technical paper provides more detail on electronic formatting and
submission of data elements required through authorized NPDES program
inspections and oversight, MS4 program compliance monitoring reports,
NPDES permit applications, and NPDES general permit reports [e.g.,
Notices of Intent (NOIs)]. The EPA plans to use this technical paper to
develop electronic reporting tools and to update NPDES data sharing
protocols and schemas, the EPA's NPDES data system (ICIS-NPDES), and
the forthcoming NPDES Noncompliance Report (NNCR).
IV. Types of Changes Proposed To Correct Inconsistencies Between the
NPDES eRule Data Elements and Small MS4 Permit Regulations
The changes needed to eliminate the current inconsistencies between
the NPDES eRule data elements and the post-MS4 Remand Rule regulations
are limited, and because these inconsistencies are repeated frequently,
they fall into several broad categories. The following describes the
broad categories of inconsistencies and the types of proposed changes.
[[Page 18202]]
A. Clarifications Concerning the Proper Role of the NPDES Permit as the
Correct Source of the MS4's Requirements
The MS4 Remand Rule modified the Phase II stormwater regulations
by, among other things, clarifying that it is the permit that
establishes the enforceable requirements for the MS4. By establishing
procedures for the permitting authority to ensure that the permit
contains all of the requirements to assess compliance, the MS4 Remand
Rule also clarified that these requirements are not found in documents
such as the MS4's Notice of Intent for coverage or its SWMP, unless the
SWMP, or portions of it, has been formally incorporated as part of the
permit following a review, approval, and public notice process. For
instance, the MS4 Remand Rule preamble clarified the relationship
between the permit and the SWMP as follows:
EPA is revising Sec. 122.34(a) to clarify that the permit, not
the stormwater management program, contains the requirements,
including requirements for each of the six minimum measures, for
reducing pollutants to the maximum extent practicable, protecting
water quality and satisfying the appropriate water quality
requirements of the CWA. . . . [U]nder EPA's small MS4 regulations,
the details included in the permittee's SWMP document are not
directly enforceable as effluent limitations of the permit. The SWMP
document is intended to be a tool that describes the means by which
the MS4 establishes its stormwater controls and engages in the
adaptive management process during the term of the permit. While the
requirement to develop a SWMP document is an enforceable condition
of the permit (see Sec. 122.34(b) of the final rule), the contents
of the SWMP document and the SWMP document itself are not
enforceable as effluent limitations of the permit, unless the
document or the specific details within the SMWP are specifically
incorporated by the permitting authority into the permit. 81 FR
89339 (December 9, 2015).
The MS4 data elements in Table 2 of the NPDES eRule's Appendix A
data elements were based on the pre-MS4 Remand Rule version of the
Phase II regulations. Therefore, some of the language used for the
current data elements does not accurately reflect that the permit terms
alone constitute the enforceable requirements of the permit. In order
to ensure that reported information related to MS4s accurately reflects
the regulations upon which they are based, the EPA proposes to clarify
the descriptions of the data elements where necessary to ensure that
the requirements that are reported and tracked through electronic
reporting are the terms and conditions of the permit.
The following is a summary of the changes that the EPA proposes in
order to correct the inconsistencies described above.
Corrections to data elements that reference the
permittee's intentions as opposed to the permit requirements. Language
in the current Appendix A data elements that describes the permittee's
intentions in implementing the ``minimum control measure'' components
of its stormwater program is not consistent with the current Phase II
regulations. For instance, the current Appendix A data element
description for the public education and outreach minimum control
measure is described as ``The one or more unique codes/descriptions
that identifies educational materials the permittee intends to
distribute or equivalent outreach activities the permittee will
implement to inform the target audience about the impacts of stormwater
discharges and the steps the public can take to reduce stormwater
pollutants'' (emphasis added). Use of this data description made sense
under the pre-MS4 Remand Rule regulations, where the MS4's compliance
obligation was contained within the permittee's SWMP, the contents of
which were also required to be summarized in the MS4's NOI, if the
permitting authority elected to issue a general permit for eligible
small MS4s.
The MS4 Remand Rule clarified, among other things, that the MS4's
description of its compliance actions does not substitute for the terms
and conditions in the permit. The revised Phase II regulations make it
clear that the permittee's compliance is judged by whether it has met
the requirements of the permit; the permittee's intention as reflected
in its SWMP does not constitute the basis for permit compliance.
Though, in the example above, this language accurately reflected
existing regulatory requirements for the public education and outreach
minimum control measure prior to the MS4 Remand Rule, its emphasis on
the intention of the permittee, rather than the permit requirements, is
inconsistent with the revised Phase II regulations.
EPA's proposed rule modifies the relevant language for each of the
data elements that includes this type of language to reflect that the
permit establishes the enforceable requirements, not the SWMP or NOI.
Using the public education and outreach example again, this proposed
rule revises the data element description to read as follows: ``The one
or more unique codes/descriptions that identifies the permit elements
associated with the public education and outreach program requirements,
including any educational materials the permittee is required to
distribute or equivalent outreach activities the permittee must
implement to inform the target audience about the impacts of stormwater
discharges and the steps the public can take to reduce stormwater
pollutants.'' This modification clarifies that it is the specific
``permit elements'' related to the public education and outreach
program that the regulations require the MS4 to report to the EPA.
Another related, yet minor, change would modify the corresponding
``Data Name'' to reflect that it is not the details within the SWMP
that define the permittee's compliance responsibilities. Therefore,
instead of using ``MS4 Public Education Program'' as the data name, the
name would refer to ``Public Education and Outreach Permit
Requirements.'' These same changes would be made to the data elements
for the other minimum control measures.
Corrections to data elements that refer to the MS4's
``measurable goals'' as opposed to its permit requirements. Several of
the data elements refer to the permittee's ``measurable goals,'' which
is language that is no longer current after EPA modified the Phase II
regulations. Previously, small MS4s were required to submit information
describing the ``specific actions taken by the permittee to implement
each BMP and the frequency and the dates for such actions.'' See 64 FR
68763 (December 8, 1999). The submitted measurable goals were then used
as the basis for the permittee's enforceable requirements, and the
permittee was required to evaluate and submit annual reports on the
progress made with respect to meeting these measurable goals.
References to the MS4's measurable goals were largely removed from the
Phase II regulations to more clearly convey that the terms and
conditions in the relevant permit are enforceable, not the permittee's
proposed measurable goals.
EPA's proposed rule removes in the current data elements references
to measurable goals and replaces them with language that refers to the
``specific schedules or deadlines'' for complying with the relevant
requirements of the permit. For instance, one of the current Appendix A
data elements associated with the construction site stormwater minimum
control measure is described as ``The one or more unique codes/
descriptions that identify the measurable goals associated with the
construction program, including, as appropriate, the months and years
in which the permittee will undertake required actions, including
interim milestones and the frequency of the action.'' The proposed rule
revises this language as follows: ``The one or more
[[Page 18203]]
unique codes/descriptions that identify specific schedules or deadlines
for complying with the permit's construction requirements, including,
as appropriate, the months and years in which the permittee must
undertake each required action, including interim milestones and the
frequency of the action.'' Another related, yet minor, change modifies
the corresponding ``Data Name'' to remove language that references the
measurable goal and substitutes it with the permit's relevant
``deadlines.''
Updates to the data element(s) associated with permit
requirements established in addition to the minimum control measure
requirements. The proposed rule also updates the language used to
describe MS4 terms and conditions that are included in the permit to
address the modified Phase II regulatory language at 40 CFR 122.34(c)
related to ``other applicable NPDES requirements.'' These changes
include updates to the language used for the ``Data Name'' and ``Data
Description.'' The proposed rule also corrects an error by adding a
data element that was omitted from the current Table 2 related to the
deadlines associated with ``other applicable permit requirements.''
Additional clarifications to accurately characterize the
source of data on permit requirements. The proposed rule suggests a few
additional changes to clarify that the source of data on an MS4's
permit requirements is the permit itself, not the permit application or
NOI. For instance, the current title for one of the Table 2 sections
for MS4 data elements is ``Municipal Separate Storm Sewer System (MS4)
Information on NPDES Permit Application or Notice of Intent.'' In order
to clarify that the terms and conditions that the MS4 is responsible
for meeting are found in the permit, EPA proposes to modify this title
as follows: ``Municipal Separate Storm Sewer System (MS4) Information
in NPDES Permit.''
B. Other Conforming Changes To Ensure Consistency With the Current
Phase II Regulations
Removing data element made unnecessary or obsolete by the
modified Phase II regulations. One of the current data elements
requires information from permittees that is no longer required under
the revised Phase II regulations. The data element titled MS4 Permit
Components Descriptions and Measurable Goals would be deleted from
Table 2 of Appendix A in the section entitled ``Compliance Monitoring
Activity Information (Data Elements Specific to Municipal Storm Sewer
System Program Reports).'' The current data element requests
information on ``all of the permitted components and measurable goals
that are included in the MS4 permit.'' This data element is redundant
of the data element that would now be titled ``Municipal Separate Storm
Sewer System (MS4) Information in NPDES Permit,'' and for that reason
may be removed.
Changes to conform data elements to current Phase II
reporting requirements. The following are changes made to data elements
to reflect the current Phase II reporting requirements for small MS4s
under 40 CFR 122.34(d)(3). These data elements are all located in the
section entitled ``Compliance Monitoring Activity Information (Data
Elements Specific to Municipal Storm Sewer System Program Reports).''
1. Status of Compliance with Each Minimum Control Measure. The
proposed rule modifies this data element to reflect the changes made to
the description of information required to be reported under 40 CFR
122.34(d)(3)(i). To reflect the fact that the Phase II regulations were
changed to require the permittee to include in its report ``[t]he
status of compliance with permit terms and conditions,'' conforming
changes are made to the Data Name so that the revised Data Name is
``Status of Compliance with MS4 Permit Requirements.'' Similar changes
are made to the Data Description to read as follows: ``The unique code
. . . that identifies if the permittee has complied with the MS4 permit
requirements.''
2. Results of Information Collected and Analyzed. The current data
elements inadvertently omit information required to be reported under
40 CFR 122.34(d)(3)(ii). This provision requires small MS4 permittees
to include in their annual reports ``[r]esults of information collected
and analyzed, including monitoring data, if any, during the reporting
period.'' The proposed rule corrects this omission by adding a new data
element to capture this information.
3. Progress and Summary of Results with Each Minimum Control
Measure. The proposed rule modifies this data element to reflect the
changes made to the description of information required to be reported
under 40 CFR 122.34(d)(3)(iii). To reflect the modified description of
the information to be reported, namely ``[a] summary of the storm water
activities the permittee proposes to undertake to comply with the
permit during the next reporting cycle,'' conforming changes are made
to the Data Name (i.e., it would be changed to ``Summary of Activities
Undertaken to Comply with the MS4 Permit Requirements'') and to the
Data Description (i.e., it would be changed to ``This is a text summary
describing the stormwater activities undertaken by each permittee to
comply with the MS4 permit requirements.'').
4. Changes to MS4 Permittee's Components and Measurable Goals. The
proposed rule modifies this data element to reflect the changes made to
the description of information required to be reported at 40 CFR
122.34(d)(3)(iv). To reflect the changes in the regulations that
require the permittee to include in its report ``[a]ny changes made
during the reporting period to the permittee's storm water management
program,'' conforming changes will be made to the Data Name (i.e., it
would be changed to ``Summary of Activities Undertaken to Comply with
the MS4 Permit Requirements'') and to the Data Description (i.e., it
would be changed to ``The one or more codes/descriptions that describe
. . . any changes made to the MS4 permittee's Stormwater Management
Program (SWMP) during the reporting period.'').
Clarification related to data provided for small MS4
permittees under a Two-Step General Permit approach. For permitting
authorities that use a ``Two-Step General Permit'' under 40 CFR
122.28(d)(2) to provide permit coverage for small MS4s, there is
flexibility regarding whether the permittee or the NPDES authority will
be responsible for submitting data initially. EPA envisions that most
NPDES authorities will choose to require the permittee to supply the
initial information that characterizes what actions the MS4 proposes to
take to address the permit requirements as a first step. Then, during
the second step of the permitting process, the permitting authority
will modify this information as necessary to reflect the final permit
requirements. To allow or authorize this approach, the proposed rule
includes the following text for many of the data elements in the ``MS4
NPDES Permit-Related Information'' section: ``This data element
includes proposed activities that are submitted by small MS4s seeking
coverage under a `Two-Step General Permit.' Following completion of the
second permitting step, the authorized NPDES program will be
responsible for sharing the final permit terms and conditions with the
U.S. EPA national NPDES data system as required in Subpart B, 40 CFR
127.''
Additionally, the EPA proposes adding a note to the MS4 Permit-
Related Information section of Table 2 that
[[Page 18204]]
provides a basic explanation of how the Two-Step General Permit process
is designed to work, and how the permit information for these types of
permits is to be reported. The following text is proposed for the note:
``Small MS4s seeking coverage under a `Two-Step General Permit' issued
pursuant to Sec. 122.28(d)(2) will be required to submit to the
authorized NPDES program information on stormwater control activities
they propose to take to address specific requirements. The authorized
NPDES program will review this information and then establish, through
a second permitting step, additional permit terms and conditions, as
necessary to satisfy the MS4 permit standard, for each MS4. The
authorized NPDES programs should use their best professional judgement
to adequately identify the mandatory set of requirements using actual
language from the permit, summarized versions of one or more permit
requirements, or a mix of actual and summarized permit requirements.
Any summary of permit requirements should provide a clear understanding
of the one or more permit requirements. The requirements listed in this
section will be used to facilitate electronic reporting of the MS4
Program Report.''
Updates to regulatory citations to reflect current Phase
II regulations. The proposed rule would update a number of the existing
MS4 regulatory citations in Table 2 of Appendix A in order to reflect
changes made to the Phase II regulations, and, in a few instances, to
correct erroneous citations that are currently included in the table.
For instance, the current table references 40 CFR 122.28(b)(2)(ii) for
the supporting authority for the data elements associated with each of
the minimum control measures. Because the modified Phase II regulations
now include a section addressing small MS4 general permits, this
citation would be updated to refer to the correct section (i.e., 40 CFR
122.28(d)). Elsewhere, the proposed rule adds references to 40 CFR
122.33(b) to more accurately reflect the current Phase II regulatory
authority for requiring basic system information. The proposed rule
also provides the updated reference to the correct annual reporting
provision (i.e., 40 CFR 122.34(d)(3)). Other examples include the
proposed addition of updated citations for Phase I MS4s, such as an
updated citation to 40 CFR 122.26(d)(2)(iv)(A)(6), (B)(5), and (D)(4)
to support the use of the data element for ``Deadlines Associated with
Public Education and Outreach Permit Requirements'' for Phase I MS4s.
Corrections to current description of the frequency of
required small MS4 reporting. The current Table 1 imprecisely notes
that small MS4s are required to report only in years two and four of
permit coverage. While this is correct for small MS4s that have already
been permitted for at least one permit term, if the permittee is in its
first permit term, it is required to report annually for the entire
permit term. The proposed rule corrects this inaccuracy. See 40 CFR
122.34(d)(3).
Clarification of the types of MS4 permit holders that can
be chosen under the data element for MS4 Permit Class. The proposed
rule includes a minor update to the examples of MS4 permit types under
the MS4 Permit Class data element, which better reflect the types of
general permits that are described under the revised Phase II
permitting regulations. The following examples would replace the
current examples: Large/Medium MS4 permit (Phase I), Small MS4 permit
(Phase II)--Comprehensive General Permit, Small MS4 permit (Phase II)--
Two-Step General Permit, Small MS4 permit (Phase II)--Individual
Permit.
C. Other Clarifications Requested by NPDES Permitting Authorities
During meetings of the EPA-State Stormwater technical workgroup
(see Section III), Regional and state subject matter experts suggested
the need for additional clarification to the MS4 data elements. The
clarifications that are included in the proposed rule are described as
follows.
Revised description of the types of entities potentially
covered under an MS4 permit. The data description that accompanies the
unique MS4 identifier data element does not reflect the fact that
regulated small MS4s can also include so-called ``non-traditional
MS4s,'' such as colleges or universities, military installations,
transportation systems, and state and federal facilities. In order to
more accurately describe the different types of MS4s that can be
regulated, the proposed rule includes the following modified language:
``The unique identifier for each entity covered under an MS4 permit
(e.g., city, county, incorporated town, unincorporated town, college or
university, local school board, military installation, highways or
other thoroughfares, federal facility, state facility, prison).''
A further clarification would be added to better describe how the
unique identifier can be used to apply to multiple MS4 entities covered
under one permit, as follows: ``Use of this identifier allows for
better tracking of how the MS4 permit elements apply to each entity
covered under the MS4 permit (e.g., if one MS4 NPDES permit covers two
cities, the authorized NPDES program may elect to assign each city with
a unique identifier). The authorized NPDES program will make the final
determination on how to identify entities covered under an MS4
permit.'' Lastly, a minor change would be made to the Data Name to
better describe the types of entities that may be regulated; the Data
Name would now read as ``Unique MS4 Regulated Entity Identifier''
instead of ``Unique Identifier for Each Municipality Covered Under MS4
Permit.''
Additionally, to better match the existing regulations, the
proposed rule replaces references throughout Table 2 to
``municipality'' with the word or phrase ``entity'' or ``MS4-regulated
entity.''
Inclusion of a unique identifier for each permit
requirement or set of permit requirements. The proposed rule would
require that each unique permit requirement or set of permit
requirements be designated with a ``Unique MS4 Activity Identifier.''
This addition is intended to improve the accuracy of compliance
reporting by linking permit requirements to a unique identifier. EPA
does not consider this additional identifier to constitute a change in
reporting burden given that information on permit requirements is
already required; this new element will merely ensure that each
individual permit requirement (referred to in Appendix A as ``the one
or more unique codes/descriptions that identify'' the permit
requirement) can be recognized with its own unique number or other
identifier.
Consolidation of data elements related to tracking
implementation activities performed by other government entities. The
existing data elements require information to be submitted with the
annual report on whether the MS4 permittee is relying on other
government entities to satisfy any permit obligations, and to provide
the status of their implementation activities. To assist the states in
more accurately tracking these other government entities to the
specific permit requirements for which they have assumed
responsibility, the proposed rule moves the requirement to report on
the MS4's reliance on other government entities to a different section
of Table 2, namely the MS4 NPDES Permit-Related Information section.
The Technical Workgroup indicated that this change would enable NPDES
permitting authorities to obtain information on the MS4's reliance on
other government entities in a way that will better enable them to
ensure that reporting on the compliance status of these specific
[[Page 18205]]
permit responsibilities will be accurate and more easily understood. By
making this change, EPA proposes deleting two existing elements, which
would already be addressed, namely the ``MS4 Reliance on Other
Government Entities Status'' and ``MS4 Reliance on Other Government
Entities Permit Component Status'' data elements.
Clarification of permit information required for storm
sewer system map. The proposed rule would clarify that, for previously
permitted MS4 permittees, rather than requiring information on ``the
status of the permittee's storm sewer system map'' associated with the
Illicit Discharge Detection and Elimination permit requirement, a more
direct way of conveying this information is to request the ``date of
the most recent storm sewer system map.'' Additionally, the proposed
rule would clarify that the requirement to show all ``MS4 outfalls'' on
the storm sewer system map excludes private outfalls. This
clarification is consistent with the regulatory definition of MS4,
which is limited to stormwater conveyances ``owned or operated by a . .
. public body'' at 40 CFR 122.26(b)(8)(i). Privately-owned conveyances
and their associated outfalls do not fall within the definition of an
MS4 because they are not ``owned or operated by a . . . public body.''
Relocation of MS4 industrial stormwater control data
element. The proposed rule would move the Phase I MS4 industrial
stormwater control data element from its current location in the
``Compliance Monitoring Activity'' section of Table 2 to the newly
named MS4 NPDES Permit-Related Information section. This change is not
substantive, but merely intended to better reflect the fact that this
information is typically provided prior to permit coverage, much like
the other information included in that same section.
Additionally, the proposed rule would add an accompanying data
element for any permit deadlines associated with the industrial
stormwater control requirements. EPA does not consider this a new
reporting burden, but rather a clarification that where the permit
establishes specific deadlines for actions related to industrial
stormwater control, compliance with these dates must be tracked.
Ability to submit further information regarding instances
of noncompliance. The existing data element requiring information on
whether the permittee has complied with the MS4 permit requirements
limits the information submitted to a ``Yes'' or ``No'' response.
Members of the Technical Workgroup recommended that MS4s be given the
opportunity to provide further information for context if the answer is
``No'' (e.g., that the MS4 was not in compliance with one or more
permit requirements). To address this recommendation, the proposed rule
suggests clarifying that MS4s as necessary will be asked to provide
information related to noncompliance.
Clarification of information required to be reported in
the summary of activities to comply with the MS4 permit requirements.
The proposed rule clarifies that among the information that must be
conveyed by the MS4 in its annual report is a summary of activities
undertaken (1) as part of the industrial stormwater control program
(for Phase I MS4s and select Phase II MS4s that have industrial
stormwater requirements), and (2) to comply with permit requirements
during the next reporting period. This clarification does not
constitute a new reporting burden since this information was already
required to be reported; the proposed text just makes the requirement
more clear.
Clarification regarding how information on enforcement
actions taken by Phase II MS4s is to be reported. The proposed rule
would clarify that Phase II MS4s are not required to distinguish
between different types of enforcement action, as Phase I MS4s are
required to do. In contrast with Phase I MS4s, Phase II MS4s may simply
report any enforcement action taken as a ``Phase II MS4 Enforcement
Action.'' The permitting authority may elect to provide this option as
a system default so that MS4 permittees may simply select ``Phase II
MS4 Enforcement Action'' to fulfill this requirement for the reporting
period.
Clarification related to data elements that may not apply
to non-traditional MS4s. The proposed rule would provide further
clarification on the data elements that may not apply because non-
traditional MS4s typically do not possess the requisite legal authority
to enforce stormwater laws. The following sentence would be added to
three data elements (i.e., ``MS4 Enforcement Action Type,'' ``MS4
Enforcement Action Total by Type,'' and ``MS4 Enforcement Agency''):
``This data element may have different reported data for non-
traditional MS4s (e.g., transportation MS4s) as they may not have legal
authority to enforce one or more MS4 permit requirements and may report
on items like referrals to the state permitting authorities or use
mechanisms such as encroachment permits.''
Clarification regarding how to report the specific MS4
enforcement agency in the annual report. The proposed rule suggests
alternate wording to better explain how MS4 permittees will
specifically identify in the annual report the specific MS4 enforcement
agency that was responsible for taking enforcement action during the
reporting period. The proposed language explains that the permittee
will select the MS4 enforcement agency from among the unique MS4
regulated entities identified during the permit application process for
co-permittees applying for coverage under an individual permit, unless
there is only one regulated entity.
V. Statutory and Executive Orders Reviews
Additional information about these statutes and Executive Orders
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.
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 expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2020-0035. The proposed rule would impose no new
information collection burdens beyond what has already been approved by
OMB for the NPDES eRule published on October 22, 2015 (80 FR 64064).
This proposed rule is limited to updating the language used to describe
various data requirements for MS4 permittees to reflect recent changes
to the underlying NPDES regulations and to correct various errors and
omissions.
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. In
making this determination, the impact of concern is any significant
adverse economic
[[Page 18206]]
impact on small entities. An agency may certify that a rule will not
have a significant economic impact on a substantial number of small
entities if the rule relieves regulatory burden, has no net burden, or
otherwise has a positive economic effect on the small entities subject
to the rule. This proposed rule would impose no new regulatory burdens
on regulated entities in the NPDES program. The action is limited to
updating the language used to describe various data requirements for
MS4 permittees to reflect recent changes to the underlying NPDES
regulations, to correct various errors and omissions, to make targeted
clarifications by request of state NPDES permitting authorities. We
have therefore concluded that this action will have no net regulatory
burden for all directly regulated small entities.
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 action imposes
no enforceable duty on any state, local or tribal governments or the
private sector.
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 proposed rule does not have tribal implications, as specified
in Executive Order 13175. EPA considered the potential impacts on
tribes and concluded that there would be no substantial direct
compliance costs or impact on tribes. Because the purpose of the
proposed rule is to eliminate inconsistencies between regulations and
application forms, improve permit documentation, transparency and
oversight, provide clarifications to existing regulations, and delete
outdated provisions, it is not expected to have substantial direct
effects on tribal governments, on the relationship between the federal
government and Indian tribes, or on the distribution of power and
responsibilities between the federal government and Indian tribes, as
specified in Executive Order 13175. Executive Order 13175 does not
apply to this action and EPA determined that tribal consultation is not
necessary for this action. The EPA specifically solicits input on this
proposed action from tribal officials.
The EPA notes that it consulted with tribal officials under the EPA
Policy on Consultation and Coordination with Indian Tribes early in the
process of developing the final NPDES eRule, which this proposal would
modify, to permit them to have meaningful and timely input into its
development. A summary of that consultation is provided in Section
VIII.F of the final NPDES eRule preamble at 80 FR 64094.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk.
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
EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This proposed rule offers the same environmental justice
benefits that were described in the final NPDES eRule preamble in
Section VIII.J. The final rule preamble states that ``[a]s described in
the context of non-monetary benefits, discussed in Section VI and
described below, the final rule would significantly increase
transparency and access to crucial information that is relevant to the
protection of the health and environment of minority, low income, and
tribal populations.'' See 80 FR 64095.
List of Subjects in 40 CFR Part 122
Environmental protection, Electronic data processing, Municipal
separate storm sewer systems, Reporting and recordkeeping requirements,
Water pollution control.
Dated: April 23, 2019.
Andrew R. Wheeler,
Administrator.
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 127, Appendix A as follows:
PART 127--NPDES ELECTRONIC REPORTING
0
1. The authority citation for part 127 continues to read as follows:
Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.
0
2. Amend Sec. 127, Appendix A, Table 1--Data Sources and Regulatory
Citations to read as follows:
Table 1--Data Sources and Regulatory Citations \1\
----------------------------------------------------------------------------------------------------------------
NPDES data group number \2\ NPDES Data Group Program area Data provider Minimum frequency \3\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
6.............................. Municipal Separate MS4 NPDES Permittee... Annual for first
Storm Sewer permit term; Year two
System (MS4) and year four in
Program Reports subsequent permit
[40 CFR terms (Small MS4),
122.34(d)(3) and Annual (Medium and
122.42(c)]. Large MS4).
[[Page 18207]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Note 1: Entities regulated by a NPDES permit will comply with all reporting requirements in their respective
NPDES permit.
Note 2: Use the ``NPDES Data Group Number'' in this table and the ``NPDES Data Group Number'' column in Table 2
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.
Note 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.
0
3. Amend Sec. 127, Appendix A, Table 2--Required NPDES Program Data to
read as follows:
Table 2--Required NPDES Data
----------------------------------------------------------------------------------------------------------------
CWA, regulatory
Data name Data description (40 CFR), or other NPDES data group number
citation (see Table 1)
----------------------------------------------------------------------------------------------------------------
Basic Facility Information:
[Note: As indicated in the ``CWA, Regulatory, or Other Citation'' column, some of these data elements apply
to Significant Industrial Users (SIUs) and Categorical Industrial Users (CIUs) that discharge (including
non-domestic wastewater delivered by truck, rail, and dedicated pipe or other means of transportation) to
one or more POTWs and to regulated entities or locations that generate, process, or receive biosolids or
sewage sludge.].
----------------------------------------------------------------------------------------------------------------
Facility Type of Ownership...... The unique code/description 122.21, 1, 2, 4, and 7
identifying the type of facility 122.21(j)(6),
(e.g., state government, 122.21(q),
municipal or water district, 122.28(b)(2)(ii),
Federal facility, tribal 122.33(b),
facility). This data element is 403.8(f), 403.10,
used by EPA's national NPDES 403.12(i),
data system to identify the 503.18, 503.28,
facility type (e.g., POTW, Non- 503.48.
POTW, and Federal).
Facility Site Name.............. The name of the facility......... 122.21, 1, 2, 4, and 7
122.21(j)(6),
122.21(q),
122.28(b)(2)(ii),
122.33(b),
122.44(j),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Site Address........... The address of the physical 122.21, 1, 2, 4, and 7
facility location. 122.21(j)(6),
122.21(q),
122.28(b)(2)(ii),
122.33(b),
122.44(j),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Site City.............. The name of the city, town, 122.21, 1, 2, 4, and 7
village, or other locality, when 122.21(j)(6),
identifiable, within which the 122.21(q),
boundaries (the majority of) the 122.28(b)(2)(ii),
facility site is located. This 122.33(b),
is not always the same as the 122.44(j),
city used for USPS mail delivery. 403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Site State............. The U.S. Postal Service (USPS) 122.21, 1, 2, 4, and 7
abbreviation for the state or 122.21(j)(6),
state equivalent for the U.S. 122.21(q),
where the facility is located. 122.28(b)(2)(ii),
122.33(b),
122.44(j),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Site Zip Code.......... The combination of the 5-digit 122.21, 1, 2, 4, and 7
Zone Improvement Plan (ZIP) code 122.21(j)(6),
and the 4-digit extension code 122.21(q),
(if available) where the 122.28(b)(2)(ii),
facility is located. This zip 122.33(b),
code matches the ``Facility Site 122.44(j),
City'' or the city used for USPS 403.8(f), 403.10,
mail delivery. 403.12(i),
503.18, 503.28,
503.48.
Facility Site Tribal Land The EPA Tribal Internal 122.21, 122.21(q), 1, 2, and 4
Indicator. Identifier for every unit of 122.28(b)(2)(ii),
land trust allotment (``tribal 122.33(b),
land'') within Indian Country 503.18, 503.28,
(i.e., Federally recognized 503.48.
American Indian and Alaska
Native tribal entities). This
unique number will identify
whether the facility is on
tribal land and the current name
of the American Indian tribe or
Alaskan Native entity. This
unique number is different from
the Bureau of Indian Affairs
tribal code and does not change
when a Tribe changes its name.
[[Page 18208]]
Facility Site Longitude......... The measure of the angular 122.21, 122.21(q), 1, 2, and 4
distance on a meridian east or 122.28(b)(2)(ii),
west of the prime meridian for 122.33(b),
the facility. The format for 503.18, 503.28,
this data element is decimal 503.48.
degrees (e.g., -77.029289) and
the WGS84 standard coordinate
system. This data element will
also be used to describe the two-
dimensional area (polygon)
regulated by a municipal storm
sewer system (MS4) NPDES permit
through use of multiple latitude
and longitude coordinates. This
data element can also be system
generated when the Facility Site
Address, Facility Site City, and
Facility Site State data
elements can be used to generate
accurate longitude and latitude
values. (Note: ``Post Office
Box'' addresses and ``Rural
Route'' addresses are generally
not geocodable.).
Facility Site Latitude.......... The measure of the angular 122.21, 122.21(q), 1, 2, and 4
distance on a meridian north or 122.28(b)(2)(ii),
south of the equator for the 122.33(b),
facility. The format for this 503.18, 503.28,
data element is decimal degrees 503.48.
(e.g., 38.893829) and the WGS84
standard coordinate system. This
data element will also be used
to describe the two-dimensional
area (polygon) regulated by a
municipal storm sewer system
(MS4) NPDES permit through use
of multiple latitude and
longitude coordinates. This data
element can also be system
generated when the Facility Site
Address, Facility Site City, and
Facility Site State data
elements can be used to generate
accurate longitude and latitude
values. (Note: ``Post Office
Box'' addresses and ``Rural
Route'' addresses are generally
not geocodable.).
Facility Contact Affiliation The affiliation of the contact 122.21, 1, 2, 4, and 7
Type. with the facility (e.g., 122.21(j)(6),
``Owner,'' ``Operator,'' or 122.21(q),
``Main Contact''). This is a 122.28(b)(2)(ii),
unique code/description that 122.33(b),
identifies the nature of the 403.8(f), 403.10,
individual's affiliation to the 403.12(i),
facility. 503.18, 503.28,
503.48.
Facility Contact First Name..... The given name of an individual 122.21, 1, 2, 4, and 7
affiliated with this facility. 122.21(j)(6),
122.21(q),
122.28(b)(2)(ii),
122.33(b),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Contact Last Name...... The surname of an individual 122.21, 1, 2, 4, and 7
affiliated with this facility. 122.21(j)(6),
122.21(q),
122.28(b)(2)(ii),
122.33(b),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Contact Title.......... The title held by an individual 122.21, 1, 2, 4, and 7
in an organization affiliated 122.21(j)(6),
with this facility. 122.21(q),
122.28(b)(2)(ii),
122.33(b),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Individual E-Mail The business e-mail address of 122.21, 1, 2, 4, and 7
Address. the designated individual 122.21(j)(6),
affiliated with this facility. 122.21(q),
122.28(b)(2)(ii),
122.33(b),
403.8(f), 403.10,
403.12(i),
503.18, 503.28,
503.48.
Facility Organization Formal The legal name of the person, 122.21, 1, 2, 4, and 7
Name. firm, public organization, or 122.21(j)(6),
other entity that operates the 122.21(q),
facility described in this 122.28(b)(2)(ii),
application. This name may or 122.33(b),
may not be the same name as the 403.8(f), 403.10,
facility. The operator of the 403.12(i),
facility is the legal entity 503.18, 503.28,
that controls the facility's 503.48.
operation rather than the plant
or site manager. Do not use a
colloquial name.
Basic Permit Information:
[Note: As indicated in the ``CWA, Regulatory, or Other Citation'' column, some of these data elements also
apply to Significant Industrial Users (SIUs) and Categorical Industrial Users (CIUs) that discharge
(including non-domestic wastewater delivered by truck, rail, and dedicated pipe or other means of
transportation) to one or more POTWs in states where EPA or the State is the Control Authority and to
regulated entities or locations that generate, process, or receive biosolids or sewage sludge.].
----------------------------------------------------------------------------------------------------------------
[[Page 18209]]
NPDES ID........................ This is the unique number for the 122.2, 122.21, 1, 2, 3, 4, 5, 6, 7, 8,
NPDES permit or control 122.21(j)(6), 9
mechanism for NPDES regulated 122.21(q),
entities or Unpermitted ID for 122.28(b)(2)(ii),
an unpermitted facility. This 122.34(d)(3),
data element is used for 122.41(l)(4)(i),
compliance monitoring 122.41(l)(6) and
activities, violation (7),
determinations, and enforcement 122.41(m)(3),
actions. This data element also 122.42(c),
applies to Significant 122.42(e)(4),
Industrial Users (SIUs) and 123.26,
Categorical Industrial Users 123.41(a),
(CIUs) that discharge (including 403.10,
non-domestic wastewater 403.12(e),
delivered by truck, rail, and 403.12(h),
dedicated pipe or other means of 403.12(i),
transportation) to one or more 503.18, 503.28,
POTWs in states where the POTW 503.48.
is the Control Authority.
Master General Permit Number.... The unique identifier of the 122.2, 122.21, 1,2
master general permit, which is 122.21(j)(6),
linked to a General Permit 122.21(q),
Covered Facility. This data 122.28(b)(2)(ii),
element only applies to 122.34(d)(3),
facilities regulated by a master 122.41(l)(4)(i),
general permit. 122.41(l)(6) and
(7),
122.41(m)(3),
122.42(c),
122.42(e)(4),
123.26,
123.41(a),
403.10,
403.12(e),
403.12(h),
403.12(i),
503.18, 503.28,
503.48.
* * * * * * *
NPDES Data Group Number......... This is the unique code/ 122.2, 122.21, 1
description that identifies the 122.21(j)(6),
types of NPDES program data that 122.21(q),
are required to be reported by 122.28(b)(2)(ii),
the facility. This corresponds 122.34(d)(3),
to Table 1 in this appendix 122.41(l)(4)(i),
(e.g., 3 = Discharge Monitoring 122.41(l)(6) and
Report [40 CFR 122.41(l)(4)]). (7),
This data element can be system 122.41(m)(3),
generated. This data element 122.42(c),
will record each NPDES Data 122.42(e)(4),
Group that the facility is 123.26,
required to submit. For example, 123.41(a),
when a POTW is required to 403.10,
submit a Discharge Monitoring 403.12(e),
Report, Sewage Sludge/Biosolids 403.12(h),
Annual Program Report, 403.12(i),
Pretreatment Program Report, and 503.18, 503.28,
Sewer Overflow/Bypass Event 503.48 and CWA
Report, the values for this data Section 308.
element for this facility will
be 3, 4, 7, and 9. The following
general permit reports will have
the following values for this
data element: 2a = Notice of
Intent to discharge (NOI); 2b =
Notice of Termination (NOT); 2c
= No Exposure Certification
(NOE); and 2d = Low Erosivity
Waiver or Other.
* * * * * * *
Municipal Separate Storm Sewer System (MS4) NPDES Permit-Related Information:
[Note: Small MS4s seeking coverage under a ``Two-Step General Permit'' issued pursuant to Sec.
122.28(d)(2) are required to submit to the authorized NPDES program information on stormwater control
activities they propose to take to address specific requirements. The authorized NPDES program will review
this information and then establish, through a second permitting step, additional permit terms and
conditions, as necessary to satisfy the MS4 permit standard, for each MS4. The authorized NPDES programs
should use their best professional judgement to adequately identify the mandatory set of requirements using
actual language from the permit, summarized versions of one or more permit requirements, or a mix of actual
and summarized permit requirements. Any summary of permit requirements should provide a clear understanding
of the one or more permit requirements. The requirements listed in this section will be used to facilitate
electronic reporting of the MS4 Program Report.].
----------------------------------------------------------------------------------------------------------------
MS4 Permit Class................ The unique code/description that 122.26, 1
identifies the size and permit 122.28(b)(2)(ii),
type of the MS4 permit holder 122.33.
(e.g., Large/Medium MS4 permit
(Phase I), Small MS4 permit
(Phase II)--Comprehensive
General Permit, Small MS4 permit
(Phase II)--Two-Step General
Permit, Small MS4 permit (Phase
II)--Individual Permit).
[[Page 18210]]
Unique MS4 Regulated Entity The unique identifier for each 122.21(f), 1
Identifier. entity covered under an MS4 122.26(d)
permit (e.g., city, county, 122.28(b)(2)(ii),
incorporated town, 122.34(d)(3), and
unincorporated town, college or 122.42(c).
university, local school board,
military installation, highways
or other thoroughfares, federal
facility, state facility,
prison). Use of this identifier
allows for better tracking of
how the MS4 permit elements
apply to each entity covered
under the MS4 permit (e.g., if
one MS4 NPDES permit covers two
cities, the authorized NPDES
program may elect to assign each
city with a unique identifier).
The authorized NPDES program
will make the final
determination on how to identify
entities covered under an MS4
permit. This unique identifier
must not change over time. Use
of this unique identifier is
similar to how the `Permitted
Feature Identifier' data element
is used to distinguish between
permitted features.
Unique MS4 Activity Identifier.. The unique identifier for each 122.21(f), 1, 6
MS4 permit requirement or set of 122.26(d)
MS4 permit requirements. The 122.28(b)(2)(ii),
general expectation is that each 122.34(d)(3), and
permit requirement or set of 122.42(c).
permit requirements will be
uniquely identified with this
data element.
Public Education and Outreach The one or more unique codes/ 122.26(d)(2)(iv)(A 1, 2
Permit Requirements. descriptions that identifies the )(6), (B)(5) and
permit elements associated with (6), and (D)(4);
the public education and 122.28(d),
outreach program requirements, 122.34(b)(1) and
including any educational (d)(3)(v).
materials the permittee is
required to distribute or
equivalent outreach activities
the permittee must implement to
inform the target audience about
the impacts of stormwater
discharges and the steps the
public can take to reduce
stormwater pollutants. This data
element will use the ``Unique
MS4 Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Deadlines Associated With Public The one or more unique codes/ 122.26(d)(2)(iv)(A 1, 2
Education and Outreach Permit descriptions that identifies )(6), (B)(5) and
Requirements. specific schedules or deadlines (6), and (D)(4);
for complying with the permit's 122.28(d),
public education and outreach 122.34(b)(1) and
requirements including, as (d)(3)(v).
appropriate, the months and
years in which the permittee
must undertake each required
action, including interim
milestones and the frequency of
the action. This data element
will use the ``Unique MS4
Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed deadlines that
are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Public Involvement/Participation The one or more unique codes/ 122.21(f), 1, 2
Permit Requirements. descriptions that identifies the 122.26(d)(2)(iv),
permit elements associated with 122.28(d),
the public involvement/ 122.34(b)(2) and
participation program (d)(3)(v).
requirements, which must involve
the public and comply with
State, Tribal, and local public
notice requirements. This data
element will use the ``Unique
MS4 Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
[[Page 18211]]
Deadlines Associated With Public The one or more unique codes/ 122.26(d)(2)(iv), 1, 2
Involvement/Participation descriptions that identifies 122.28(d),
Permit Requirements. specific schedules or deadlines 122.34(b)(2) and
for complying with the permit's (d)(3)(v).
the public involvement/
participation requirements
including, as appropriate, the
months and years in which the
permittee must undertake each
required action, including
interim milestones and the
frequency of the action. This
data element will use the
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Illicit Discharge Detection and The one or more unique codes/ 122.21(f), 1, 2
Elimination Permit Requirements. descriptions and dates that 122.26(d)(1)(iii)
identify the permit elements (B),
associated with the Illicit 122.26(d)(2)(i)(B
Discharge Detection and ) and (C),
Elimination requirements, 122.26(d)(2)(iv)(
including (at a minimum): (1) B),
The date of the most recent 122.34(b)(3)(ii)(
storm sewer system map showing A) and (d)(3)(v).
the location of all outfalls and
names and locations of all
waters of the U.S. that receive
discharges from those outfalls;
(2) the ordinance or other
regulatory mechanism to prohibit
non-stormwater discharges into
the permittee's MS4; (3) the
procedures and actions the
permittee is required to take to
enforce the prohibition of non-
stormwater discharges to the
permittee's MS4; (4) the
procedures and actions the
permittee must take to detect
and address non-stormwater
discharges, including illegal
dumping, to the permittee's MS4;
and (5) the procedures and
actions the permittee must take
to inform public employees,
businesses and the general
public of hazards associated
with illegal discharges and
improper disposal of waste. The
term ``MS4 outfalls'' does not
include private outfalls. This
data element will use the
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Deadlines Associated With The one or more unique codes/ 122.26(d)(1)(iii)( 1, 2
Illicit Discharge Detection and descriptions that identify B),
Elimination Permit Requirements. specific schedules or deadlines 122.26(d)(2)(i)(B
for complying with the permit's ) and (C),
illicit discharge detection and 122.26(d)(2)(iv)(
elimination requirements, B),
including, as appropriate, the 122.34(b)(3)(ii)(
months and years in which the A)-(D) and
permittee must undertake each (d)(3)(v).
required action, including
interim milestones and the
frequency of the action. This
data element will use the
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed deadlines that
are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
[[Page 18212]]
Construction Site Stormwater The one or more unique codes/ 122.21(f), 1, 2
Runoff Control Permit descriptions that identify the 122.26(d)(2)(iv)(
Requirements. permit elements associated with D),
the construction site runoff 122.34(b)(4)(ii)
control requirements, including and (d)(3)(v).
(at a minimum): (1) The
ordinance or other regulatory
mechanism to require erosion and
sediment controls, including
sanctions to ensure compliance;
(2) requirements for
construction site operators to
implement appropriate erosion
and sediment control BMPs and
control waste at the
construction site that may cause
adverse impacts to water
quality; (3) procedures for site
plan review that incorporate
consideration of potential water
quality impacts; (4) procedures
for receipt and consideration of
information submitted by the
public; and (5) procedures for
site inspection and enforcement
of control measures. This data
element will use the ``Unique
MS4 Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Deadlines Associated with the The one or more unique codes/ 122.26(d)(2)(iv)(D 1, 2
Construction Site Stormwater descriptions that identify ),
Runoff Control Permit specific schedules or deadlines 122.34(b)(4)(ii)
Requirements. for complying with the permit's and (d)(3)(v).
construction requirements,
including, as appropriate, the
months and years in which the
permittee must undertake each
required action, including
interim milestones and the
frequency of the action. This
data element will use the
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed deadlines that
are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Post-Construction Stormwater The one or more unique codes/ 122.21(f), 1, 2
Management in New Development descriptions that identify the 122.26(d)(2)(iv)(
and Redevelopment Permit permit elements associated with A)(2),
Requirements. the Post Construction Stormwater 122.34(b)(5) and
Management in New Development (d)(3)(v).
and Redevelopment requirements,
including (at a minimum): (1)
The ordinance or other
regulatory mechanism to address
post-construction runoff from
new development and
redevelopment projects; (2) the
requirements to address
stormwater runoff from new
development and redevelopment
projects that disturb a minimum
of greater than or equal to one
acre (including if the permittee
requires on-site retention of
stormwater); and (3) the
requirements to ensure adequate
long-term operation and
maintenance of BMPs for
controlling runoff from new
development and redevelopment
projects. This data element will
use the ``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
[[Page 18213]]
Deadlines Associated with the The one or more unique codes/ 122.26(d)(2)(iv)(A 1, 2
Post-Construction Stormwater descriptions that identify )(2),
Management in New Development specific schedules or deadlines 122.34(b)(5) and
and Redevelopment Permit for complying with the permit's (d)(3)(v).
Requirements. post-construction requirements,
including, as appropriate, the
months and years in which the
permittee must undertake each
required action, including
interim milestones and the
frequency of the action. This
data element will use the
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed deadlines that
are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Pollution Prevention/Good The one or more unique codes/ 122.21(f), 1, 2
Housekeeping for Municipal descriptions that identify the 122.26(d)(2)(iv),
Operations Permit Requirements. permit elements associated with 122.26(d)(2)(iv)(
the Pollution Prevention/Good A)(1), (2) and
Housekeeping requirements (3),
including (at a minimum): 122.34(b)(6)(i)
Development and implementation and (d)(3)(v).
of an operation and maintenance
program that includes a training
component and has the ultimate
goal of preventing or reducing
pollutant runoff from municipal
operations. This data element
will use the ``Unique MS4
Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Deadlines Associated with the The one or more unique codes/ 122.26(d)(2)(iv), 1, 2
Pollution Prevention/Good descriptions that identifies 122.26(d)(2)(iv)(
Housekeeping for Municipal specific schedules or deadlines A)(1), (2) and
Operations Permit Requirements. for complying with the permit's (3),
pollution prevention/good 122.34(b)(6)(i)
housekeeping requirements, and (d)(3)(v).
including, as appropriate, the
months and years in which the
permittee must undertake each
required action, including
interim milestones and the
frequency of the action. This
data element will use the
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed deadlines that
are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
Other Applicable Permit The one or more unique codes/ 122.26(d)(2)(iv), 1, 2
Requirements. descriptions that identify any 122.34(c) and
other applicable permit (d)(3)(v),
requirements, such as those 122.44(d)(1)(vii)
related to the assumptions and (B).
requirements of any available
wasteload allocation prepared by
a state and approved by EPA.
This data element is optional if
there are no additional MS4
permit requirements. This data
element will use the ``Unique
MS4 Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed activities
that are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
[[Page 18214]]
Deadlines Associated with the The one or more unique codes/ 122.26(d)(2)(iv), 1, 2
Other Applicable Permit descriptions that identify 122.34(c) and
Requirements. specific schedules or deadlines (d)(3)(v),
for complying with the permit's 122.44(d)(1)(vii)
other applicable permit (B).
requirements. This data element
will use the ``Unique MS4
Activity Identifier'' to
separately identify these permit
requirements. The MS4 must
identify if it will rely on
another government entity to
help the MS4 meet these
requirements. This data element
includes proposed deadlines that
are submitted by small MS4s
seeking coverage under a ``Two-
Step General Permit.'' Following
completion of the second
permitting step, the authorized
NPDES program will be
responsible for sharing the
final permit terms and
conditions with U.S. EPA as
required in Subpart B, 40 CFR
127.
MS4 Industrial Stormwater The one or more unique codes/ 40 CFR 6
Control (for Phase I MS4s only). descriptions that identify how 122.26(d)(2)(i)(A
the Phase I MS4 permittee will , B, C, E, and F)
comply with industrial and 40 CFR
stormwater control requirements, 122.26(d)(2)(ii)
including (at a minimum): (1) and (iv)(A)(5)
Status of the ordinance or other and (iv)(C),
regulatory mechanism to control 122.42(c).
the contribution of pollutants
by stormwater discharges
associated with industrial
activity, including authority to
carry out all inspection,
surveillance and monitoring
procedures necessary to
determine compliance and
noncompliance, and including
sanctions to ensure compliance;
(2) status of the MS4 permittee
industrial stormwater inventory,
which identifies facilities with
industrial activities and
assesses the quality of the
stormwater discharged from each
facility with an industrial
activity; (3) status of program
to monitor and control
pollutants in stormwater
discharges from municipal
landfills, hazardous waste
treatment, disposal and recovery
facilities, industrial
facilities that are subject to
Toxics Release Inventory (TRI)
reporting requirements
(Emergency Planning and
Community Right-To-Know Act
Section 313), and industrial
facilities that are contributing
a substantial pollutant loading
to the MS4; and (4) status of
monitoring program for
discharges associated with
industrial facilities. This data
element is optional for Phase II
MS4s. This data element will use
the ``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements.
Deadlines Associated with The one or more unique codes/ 40 CFR 1
Industrial Stormwater Control. descriptions that identifies 122.26(d)(2)(i)(A
specific schedules or deadlines , B, C, E, and F)
for complying with the permit's and 40 CFR
industrial stormwater control 122.26(d)(2)(ii)
requirements. This data element and (iv)(A)(5)
is optional for Phase II MS4s. and (iv)(C),
This data element will use the 122.42(c).
``Unique MS4 Activity
Identifier'' to separately
identify these permit
requirements.
* * * * * * *
Compliance Monitoring Activity Information (Data Elements Specific to Municipal Separate Storm Sewer System
Program Reports):
(Note: The MS4 permit may require one report for each unique governmental entity or one report per permit)..
----------------------------------------------------------------------------------------------------------------
Status of Compliance with MS4 The unique code (e.g., ``Yes'', 122.34(d)(3) and 6
Permit Requirements. ``No'') that identifies if the 122.42(c).
permittee has complied with the
MS4 permit requirements. As
necessary, the permittee will
provide information related to
noncompliance.
Results of Information Collected This is a text summary describing 122.34(d)(3)(ii) 6
and Analyzed. the results of information and 122.42(c).
collected and analyzed,
including monitoring data, if
any, during the reporting period.
Summary of Activities Undertaken This is a text summary describing 122.34(d)(3)(iii) 6
to Comply with the MS4 Permit the stormwater activities and 122.42(c).
Requirements. undertaken by each permittee to
comply with the MS4 permit
requirements. This includes a
text summary of a the MS4
program's industrial stormwater
control activities during the
reporting period (required for
Phase I MS4s, optional for Phase
II MS4s) as well as a summary of
activities to be undertaken to
comply with the MS4 permit
requirements during the next
reporting period.
Changes to MS4 Permittee's SWMP. The one or more codes/ 122.34(d)(3)(iv) 6
descriptions that describe for and 122.42(c).
each unique MS4 regulated entity
any changes made to the MS4
permittee's Stormwater
Management Program (SWMP) during
the reporting period.
[[Page 18215]]
MS4 Enforcement Action Type..... For each unique MS4 regulated 122.34(d)(3) and 6
entity covered by the MS4 NPDES 122.42(c).
permit, this data element
identifies the one or more types
of enforcement actions taken
during the past reporting period
(e.g., notice of violations,
stop work orders, administration
orders, administrative fines,
civil penalties, criminal
actions). Phase II MS4s have the
option to only report one type
of enforcement action (``Phase
II MS4 Enforcement Action'')
taken during the reporting
period (i.e., the authorized
NPDES program can system-
generate this data element for
Phase II MS4s). This data
element may have different
reported data for non-
traditional MS4s (e.g.,
transportation MS4s) as they may
not have legal authority to
enforce one or more MS4 permit
requirements and may report on
items like referrals to the
state permitting authorities or
use mechanisms such as
encroachment permits.
MS4 Enforcement Actions Total by For each unique MS4 regulated 122.34(d)(3) and 6
Type. entity covered under a Phase II 122.42(c).
MS4 permit and for each MS4
Enforcement Action Type, this
data element identifies the
total number of enforcement
actions taken by responsible MS4
Municipal Enforcement Agency by
enforcement action type. Phase
II MS4s have the option to only
report this data element will be
the total number of enforcement
actions taken during the
reporting period. This data
element may have different
reported data for non-
traditional MS4s (e.g.,
transportation MS4s) as they may
not have legal authority to
enforce one or more MS4 permit
requirements and may report on
items like referrals to the
state permitting authorities or
use mechanisms such as
encroachment permits.
MS4 Enforcement Agency.......... This will identify the unique MS4 122.34(d)(3) and 6
regulated entity that is 122.42(c).
responsible for each type of
enforcement action conducted in
the reporting period. This
column will be pre-populated and
un-editable if there is only one
regulated entity covered by the
MS4 permit (i.e., there are no
co-permittees). The MS4 will
provide a list of identifiers
for all co-permittees during the
NPDES permit application process
(individual and general permit
covered facilities). This data
element may have different
reported data for non-
traditional MS4s (e.g.,
transportation MS4s) as they may
not have legal authority to
enforce one or more MS4 permit
requirements and may report on
items like referrals to the
state permitting authorities or
use mechanisms such as
encroachment permits.
----------------------------------------------------------------------------------------------------------------
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 EPA's policy regarding the application requirements for renewal
or reissuance of NPDES permits for discharges from Phase I municipal separate storm sewer systems (see 61 FR
41698; 6 August 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.
[FR Doc. 2019-08733 Filed 4-29-19; 8:45 am]
BILLING CODE 6560-50-P
