81 FR 62395 - NPDES Electronic Reporting Rule Implementation Guidance

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range		62395-62397
FR Document		2016-21204

The U.S. Environmental Protection Agency (EPA) recently promulgated the NPDES Electronic Reporting Rule (``final rule'') to modernize Clean Water Act reporting for municipalities, industries, and other facilities by converting to an electronic data reporting system. This final rule requires regulated entities and state and Federal regulators to use existing, available information technology to electronically report data required by the National Pollutant Discharge Elimination System (NPDES) permit program instead of filing written paper reports. This action will save time and resources for permittees, states, tribes, territories, and the U.S. Government while increasing data accuracy, improving compliance, and supporting EPA's goal of providing better protection of the nation's waters. This regulation will help provide greater clarity on who is and who is not in compliance and enhances transparency by providing a timelier, complete, more accurate, and nationally-consistent set of data about the NPDES program. The final rule requires EPA to publish in the Federal Register a listing of the initial recipients for electronic NPDES information from NPDES-regulated facilities by state, tribe, and territory and by NPDES data group. This listing must identify for NPDES-regulated facilities the initial recipient of their NPDES electronic data submissions and the due date for these NPDES electronic data submissions. This Federal Register document provides an overview of the ``initial recipient'' term as well as the listing of the initial recipients by state, tribe, and territory and by NPDES data group and the due date for NPDES electronic data submissions. In accordance with the final rule, EPA will update this listing on its Web site and in the Federal Register if there are any changes.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016)

[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Rules and Regulations]
[Pages 62395-62397]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-21204]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 127

[FRL-9951-76-OECA]

NPDES Electronic Reporting Rule Implementation Guidance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of guidance.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) recently
promulgated the NPDES Electronic Reporting Rule (``final rule'') to
modernize Clean Water Act reporting for municipalities, industries, and
other facilities by converting to an electronic data reporting system.
This final rule requires regulated entities and state and Federal
regulators to use existing, available information technology to
electronically report data required by the National Pollutant Discharge
Elimination System (NPDES) permit program instead of filing written
paper reports.
This action will save time and resources for permittees, states,
tribes, territories, and the U.S. Government while increasing data
accuracy, improving compliance, and supporting EPA's goal of providing
better protection of the nation's waters. This regulation will help
provide greater clarity on who is and who is not in compliance and
enhances transparency by providing a timelier, complete, more accurate,
and nationally-consistent set of data about the NPDES program.
The final rule requires EPA to publish in the Federal Register a
listing of the initial recipients for electronic NPDES information from
NPDES-regulated facilities by state, tribe, and territory and by NPDES
data group. This listing must identify for NPDES-regulated facilities
the initial recipient of their NPDES electronic data submissions and
the due date for these NPDES electronic data submissions. This Federal
Register document provides an overview of the ``initial recipient''
term as well as the listing of the initial recipients by state, tribe,
and territory and by NPDES data group and the due date for NPDES
electronic data submissions. In accordance with the final rule, EPA
will update this listing on its Web site and in the Federal Register if
there are any changes.

DATES: September 9, 2016.

FOR FURTHER INFORMATION CONTACT: For additional information, please
contact Mr. Carey A. Johnston (202-566-1014), Office of Compliance
(mail code

[[Page 62396]]

2222A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460; email address: johnston.carey@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Overview of the Initial Recipient Designation Process

Under the NPDES Electronic Reporting Rule (``final rule''), NPDES-
regulated entities are required to submit NPDES program data to the
designated initial recipient, as defined in 40 CFR 127.2(b) (see 22
October 2015; 80 FR 64064). For the final rule, the term ``initial
recipient'' means the governmental entity, either the authorized state,
territory, or tribe, or EPA, who first receives the NPDES program data
listed in Appendix A to 40 CFR 127. The initial recipient designation
is made separately for each state and by each NPDES data group, which
is defined in 40 CFR 127.2(c). EPA is using the initial recipient term
to help NPDES-regulated entities properly identify the recipient for
their electronic NPDES program data submissions. The initial recipient
provision will also help ensure that authorized NPDES programs and EPA
are properly sharing these NPDES program data with each other. EPA is
required by the rule to maintain the initial recipient list for each
state and by each NPDES data group and publish this list on its Web
site and in the Federal Register [see 40 CFR 127.27(c)]. Identification
of the initial recipient for each NPDES data group is also included as
a new NPDES permit standard condition, which authorized NPDES programs
must include in NPDES permits [see 40 CFR part 122.41(l)(9)].
As necessary, the initial recipient designation can switch back and
forth between the authorized state, tribe, or territory NPDES programs
and EPA. EPA's goal is to help all authorized NPDES programs be the
initial recipient for any data group (e.g., DMRs) for which they would
like to first receive the data. Below is the process for identifying
the initial recipient.
As of the effective date of the final rule (21 December
2015), the initial recipient determination is an `opt-out' process for
authorized state, tribe, or territory NPDES programs. Per section
127.27(a), an authorized NPDES program must notify EPA within 120 days
of the effective date of the final rule (19 April 2016) if it wishes
EPA to be the initial recipient for a particular NPDES data group. EPA
received six such notices from authorized NPDES programs. For all other
authorized NPDES programs, EPA is designating the authorized state,
tribe, or territorial NPDES program as the initial recipient for all
NPDES data groups.
An authorized NPDES program can initially elect for EPA to
be the initial recipient and then, at a later date, seek EPA approval
to change the initial recipient status for one or all of the NPDES data
groups from EPA to the authorized state, tribe, or territory. To make
this switch, the authorized state, tribe, or territory must send a
request to EPA. This request shall identify the specific NPDES data
groups for which the state, tribe, or territory would like to be the
initial recipient of electronic NPDES information, include a
description of how its data system will be compliant with 40 CFR part 3
(including, in all cases, subpart D) and 40 CFR part 127, and the date
or dates when the state, tribe, or territory will be ready to start
receiving this information. Section 127.27 outlines the process for
requesting the designation of initial recipient. After EPA approval of
the request, EPA will update the initial recipient list and will
publish the revised initial recipient listing on its Web site and in
the Federal Register.
An authorized NPDES program can initially elect to be the
initial recipient for one or all of the NPDES data groups and then at a
later date request that EPA become the initial recipient for one or all
of the NPDES data groups. To make this switch the authorized state,
tribe, or territory will send a request to EPA. After coordination with
the state, EPA will update the initial recipient list and will publish
the revised initial recipient listing on its Web site and in the
Federal Register [see 127.27(c)].
There is also a process in Section 127.27(d) for ensuring
that authorized NPDES programs share the minimum set of NPDES program
data with EPA (see Appendix A to 40 CFR part 127). This process will
switch the initial recipient status from the authorized state, tribe,
or territory to EPA if the authorized NPDES program is not sharing the
minimum set of NPDES program data with EPA. Section 127.27(d)(4) states
that, ``EPA will work with the Director of the authorized NPDES program
to remediate all issues identified by EPA that prevent the authorized
NPDES program from being the initial recipient.'' When the issues
identified by EPA are satisfactorily resolved, EPA must update the
initial recipient listing and publish the revised initial recipient
listing on its Web site and in the Federal Register.
It should be noted that authorized NPDES programs will continue to
retain their responsibilities to facilitate electronic reporting even
when an authorized NPDES program elects for EPA be the initial
recipient for one or more NPDES data groups. Regardless of the initial
recipient status, EPA does not take over any permitting, compliance
monitoring, or enforcement activities from the authorized NPDES
program. In particular, the authorized NPDES program will:
Maintain the primary roles and responsibility for
implementing and enforcing the NPDES program;
Retain the responsibility for outreach and training NPDES-
regulated entities on how to register and use the appropriate
electronic reporting tools;
Retain data steward responsibilities (including review and
processing error correction requests); and
Retain the responsibility for review and processing
electronic reporting waiver requests.

EPA will continue to assist authorized NPDES programs with their
training and outreach needs as well as provide other support so that
authorized NPDES programs can fully understand and use EPA's electronic
reporting systems and thereby provide effective support to NPDES-
regulated entities.
The interaction between the CROMERR requirements and the initial
recipient requirements in the final rule should be noted.\1\ For
example, if the initial recipient status for a particular state for a
particular data group switches from the state to EPA, then the NPDES-
regulated entities in that data group in that state would need to
ensure they register with the appropriate CROMERR-compliant system. In
this example, NPDES-regulated entities will switch from using the state
electronic reporting systems to EPA's electronic reporting systems
(e.g., NetDMR, NeT). This means that these regulated entities will need
to register and obtain the necessary signing credentials for EPA's
electronic reporting systems. Similarly, if the initial recipient
status for a particular state, territory, or tribe for a particular
data group switches from EPA to the state, then those NPDES-regulated
entities in that data group in that state, territory, or tribe would
switch from using an EPA electronic reporting system to a state
electronic reporting system. Under this scenario, regulated entities
will need to register and obtain the necessary signing credentials for
the

[[Page 62397]]

authorized NPDES program's electronic reporting systems. However, if a
state, territory, or tribe is already using EPA's electronic reporting
systems, the regulated entities would not need to register again as the
NPDES-regulated entity will be using the same electronic reporting tool
(i.e., no change in the subscriber agreement that accompanies the
electronic reporting tool).
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\1\ EPA seeks to ensure that electronic reporting has at least
the same level of legal defensibility and dependability as
information that EPA would obtain through hard-copy paper
submission. The Cross-Media Electronic Reporting Regulation
(CROMERR), promulgated October 13, 2005, provides the legal
framework for electronic reporting requirements established under
all EPA environmental regulations (40 CFR part 3). See the proposed
rule for more background detail on CROMERR (30 July 2013; 78 FR
46035).
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II. Listing of the Initial Recipients for NPDES Electronic Reporting

The final rule requires EPA to publish in the Federal Register a
listing of the initial recipients for electronic NPDES information from
NPDES-regulated facilities by state, tribe, and territory and by NPDES
data group [see 40 CFR 127.27(c)]. This listing must identify for
NPDES-regulated facilities the initial recipient of their NPDES
electronic data submissions and the due date for these NPDES electronic
data submissions. The final rule requires authorized NPDES programs to
send EPA an opt-out notice by 19 April 2016. The following is a list of
the six states that sent an opt-out notice to EPA. These notices are
posted on EPA's Web site that provides implementation information.

----------------------------------------------------------------------------------------------------------------
State elected for EPA
State elected for EPA to be initial
to be initial State elected for EPA to be recipient for program
State recipient for general initial recipient for DMRs reports (NPDES Data
permit reports (NPDES (NPDES Data Group No. 3) Group Nos. 4 through
Data Group No. 2) 10)
----------------------------------------------------------------------------------------------------------------
Georgia............................ Yes (All)............ Yes.......................... Yes (All).
Nebraska........................... Yes (All)............ Yes.......................... Yes (All).
New Jersey......................... No................... No........................... Yes (only for CAFO
Annual Program
Report).
North Carolina..................... Yes (only for Low No........................... No.
Erosivity Waivers
and No Exposure
Certifications).
Oregon............................. Yes (All)............ Yes.......................... Yes (All).
Rhode Island....................... Yes (All)............ Yes.......................... Yes (All).
----------------------------------------------------------------------------------------------------------------
Note: Although not required as the initial recipient process is an `opt-out' process, Tennessee sent notice to
EPA that they intend to be the Initial Recipient for all NPDES data groups.

State that have elected for EPA to be the Initial Recipient for all
of the NPDES data groups will be using EPA's electronic reporting tools
(e.g., NetDMR, NeT) and NPDES data system (ICIS-NPDES). It should be
noted that Georgia and Rhode Island elected to use EPA's NetDMR and
NPDES data system (ICIS-NPDES) prior to the effective date of the final
rule. Consequently, NPDES-regulated entities in these two states that
are already using NetDMR will not need to take any additional actions
in response to Georgia and Rhode Island designating EPA as the Initial
Recipient for DMRs (NPDES Data Group No. 3). In accordance with the
final rule (see 40 CFR 127.16), NPDES-regulated entities in Nebraska
and Oregon will need to register and start using NetDMR prior to the
Phase 1 electronic reporting deadline (21 December 2016). New Jersey
has elected for EPA to be the Initial Recipient for the Concentrated
Animal Feeding Operation (CAFO) Annual Program Report [see 40 CFR
122.42(e)(4)]. In accordance with the final rule, CAFOs in New Jersey
will need to register and start using NeT to submit their CAFO Annual
Program Report prior to the Phase 2 electronic reporting deadline (21
December 2020). Finally, North Carolina has elected for EPA to be the
Initial Recipient for Low Erosivity Waivers (LEWs) [see Exhibit 1 to 40
CFR 122.26(b)(15)] and No Exposure Certifications (NOEs) [see
122.26(g)]. In accordance with the final rule, facilities in North
Carolina will need to register and start using NeT to submit their LEWs
and NOEs prior to the Phase 2 electronic reporting deadline (21
December 2020).
For all other authorized NPDES programs not in the above table, the
authorized state, tribe, or territorial NPDES program is the initial
recipient for the NPDES programs and NPDES permits that it administers.
For example, Arkansas will be the initial recipient for all NPDES Data
Groups except for the Sewage Sludge/Biosolids Annual Program Reports
[40 CFR part 503], as Arkansas is not authorized for the Federal
Biosolids NPDES program. Likewise, Colorado will be the initial
recipient for all NPDES Data Groups except for:
Sewage Sludge/Biosolids Annual Program Reports [40 CFR
part 503],
Pretreatment Program Reports [40 CFR 403.12(i)],
Significant Industrial User Compliance Reports in
Municipalities Without Approved Pretreatment Programs [40 CFR 403.12(e)
and (h)], and
All NPDES reporting for Federal facilities.
Colorado is not authorized for the Federal Biosolids or
Pretreatment NPDES programs and Colorado is not the NPDES permitting
authority for Federal facilities in Colorado. It should be noted that
EPA will be the initial recipient for all NPDES-regulated entities
where EPA is the permitting authority or authorized NPDES program. A
full listing of NPDES program authorization for each state is available
on EPA's Web site (https://www.epa.gov/npdes/npdes-state-program-information).

Dated: August 24, 2016.
David Hindin,
Director, Office of Compliance, Office of Enforcement and Compliance
Assurance.
[FR Doc. 2016-21204 Filed 9-8-16; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62395

circuit by November 8, 2016. Filing a ■ 3. In appendix A to part 55, the entry ENVIRONMENTAL PROTECTION
petition for reconsideration by the for Maryland is revised to read as AGENCY
Administrator of this final rule does not follows:
affect the finality of this action for the 40 CFR Part 127
purposes of judicial review nor does it Appendix A to Part 55—Listing of State
and Local Requirements Incorporated [FRL–9951–76–OECA]
extend the time within which a petition
for judicial review may be filed, and by Reference Into Part 55, by State
NPDES Electronic Reporting Rule
shall not postpone the effectiveness of * * * * * Implementation Guidance
such rule or action. Parties with Maryland:
objections to this direct final rule are (a) State Requirements. AGENCY: Environmental Protection
encouraged to file a comment in (1) The following State of Maryland Agency (EPA).
response to the parallel notice of requirements are applicable to OCS Sources, ACTION: Notice of guidance.
proposed rulemaking for this action May 6, 2016, State of Maryland—Department
published in the proposed rules section of the Environment. The following sections SUMMARY: The U.S. Environmental
of this Federal Register, rather than file of Code of Maryland Regulations (COMAR) Protection Agency (EPA) recently
an immediate petition for judicial Title 26 Subtitle 11: promulgated the NPDES Electronic
review of this direct final rule, so that COMAR 26.11.01—General Administrative Reporting Rule (‘‘final rule’’) to
EPA can withdraw this direct final rule Provisions (Effective as of February 15, modernize Clean Water Act reporting
and address the comment in the 2016) for municipalities, industries, and other
proposed rulemaking action. COMAR 26.11.02—Permits, Approvals, and facilities by converting to an electronic
Registrations (Effective as of December 10, data reporting system. This final rule
This action pertaining to OCS sources
2015) requires regulated entities and state and
in Maryland may not be challenged later
COMAR 26.11.03—Permits, Approvals, and Federal regulators to use existing,
in proceedings to enforce its Registration—Title V Permits (Effective as
requirements. (See section 307(b)(2).) available information technology to
of November 12, 2010) electronically report data required by
List of Subjects in 40 CFR Part 55 COMAR 26.11.05—Air Pollution Episode the National Pollutant Discharge
System (Effective as of November 12, 2010) Elimination System (NPDES) permit
Environmental protection, COMAR 26.11.06—General Emission program instead of filing written paper
Administrative practice and procedures, Standards, Prohibitions, and Restrictions reports.
Air pollution control, Carbon monoxide, (Effective as of July 08, 2013)
This action will save time and
Hydrocarbons, Incorporation by COMAR 26.11.07—Open Fires (Effective as
resources for permittees, states, tribes,
reference, Intergovernmental relations, of November 12, 2010)
territories, and the U.S. Government
Lead, Nitrogen dioxide, Outer COMAR 26.11.08—Control of Incinerators
while increasing data accuracy,
Continental Shelf, Ozone, Particulate (Effective as of February 15, 2016)
COMAR 26.11.09—Control of Fuel-Burning improving compliance, and supporting
matter, Reporting and recordkeeping
Equipment, Stationary Internal EPA’s goal of providing better
requirements, Sulfur oxides, Volatile
Combustion Engines and Certain Fuel- protection of the nation’s waters. This
organic compounds.
Burning Installations (Effective as of July regulation will help provide greater
Dated: August 2, 2016. clarity on who is and who is not in
20, 2015)
Shawn M. Garvin, COMAR 26.11.13—Control of Gasoline and compliance and enhances transparency
Regional Administrator, Region III. Volatile Organic Compound Storage and by providing a timelier, complete, more
For the reasons discussed in the Handling (Effective as of July 21, 2014) accurate, and nationally-consistent set
preamble, 40 CFR part 55 is amended as COMAR 26.11.15—Toxic Air Pollutants of data about the NPDES program.
follows: (Effective as of November 12, 2010) The final rule requires EPA to publish
COMAR 26.11.16—Procedures Related to in the Federal Register a listing of the
PART 55—OUTER CONTINENTAL Requirements for Toxic Air Pollutants initial recipients for electronic NPDES
SHELF AIR REGULATIONS (Effective as of November 12, 2010) information from NPDES-regulated
COMAR 26.11.17—Nonattainment Provisions facilities by state, tribe, and territory
for Major New Sources and Major and by NPDES data group. This listing
■ 1. The authority citation for part 55
Modifications (Effective as of July 08, 2013) must identify for NPDES-regulated
continues to read as follows:
COMAR 26.11.19—Volatile Organic facilities the initial recipient of their
Authority: Section 328 of the Clean Air Act Compounds from Specific Processes
(42 U.S.C. 7401, et seq.) as amended by
NPDES electronic data submissions and
(Effective as of September 28, 2015, 2012) the due date for these NPDES electronic
Public Law 101–549. COMAR 26.11.20—Mobile Sources (Effective data submissions. This Federal Register
■ 2. Section 55.14 is amended by as of November 12, 2010)
document provides an overview of the
revising paragraph (e)(10)(i)(A) to read COMAR 26.11.26—Conformity (Effective as
‘‘initial recipient’’ term as well as the
of November 12, 2010)
as follows: listing of the initial recipients by state,
COMAR 26.11.33—Architectural Coatings
(Effective as of November 12, 2010)
tribe, and territory and by NPDES data
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’ COMAR 26.11.35—Volatile Organic group and the due date for NPDES
seaward boundaries, by State. Compounds from Adhesives and Sealants electronic data submissions. In
(Effective as of November 12, 2010) accordance with the final rule, EPA will
* * * * *
COMAR 26.11.36—Distributed Generation update this listing on its Web site and
(e) * * * in the Federal Register if there are any
(Effective as of June 13, 2011)
ehiers on DSK5VPTVN1PROD with RULES

(10) * * * COMAR 26.11.39—Architectural and changes.
(i) * * * Industrial Maintenance (AIM) Coatings DATES: September 9, 2016.
(A) State of Maryland Requirements (Effective as of April 2016) FOR FURTHER INFORMATION CONTACT: For
Applicable to OCS Sources, May 6, * * * * * additional information, please contact
2016. [FR Doc. 2016–21460 Filed 9–8–16; 8:45 am] Mr. Carey A. Johnston (202–566–1014),
* * * * * BILLING CODE 6560–50–P Office of Compliance (mail code

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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 62397

authorized NPDES program’s electronic II. Listing of the Initial Recipients for recipient of their NPDES electronic data
reporting systems. However, if a state, NPDES Electronic Reporting submissions and the due date for these
territory, or tribe is already using EPA’s The final rule requires EPA to publish NPDES electronic data submissions. The
electronic reporting systems, the in the Federal Register a listing of the final rule requires authorized NPDES
regulated entities would not need to initial recipients for electronic NPDES programs to send EPA an opt-out notice
register again as the NPDES-regulated information from NPDES-regulated by 19 April 2016. The following is a list
entity will be using the same electronic facilities by state, tribe, and territory of the six states that sent an opt-out
reporting tool (i.e., no change in the and by NPDES data group [see 40 CFR notice to EPA. These notices are posted
subscriber agreement that accompanies 127.27(c)]. This listing must identify for on EPA’s Web site that provides
the electronic reporting tool). NPDES-regulated facilities the initial implementation information.

State elected for State elected for EPA to be initial
State elected for EPA to be initial EPA to be initial recipient for program reports
State recipient for general permit reports recipient for DMRs (NPDES Data Group Nos. 4 through
(NPDES Data Group No. 2) (NPDES Data 10)
Group No. 3)

Georgia .................................................. Yes (All) ................................................ Yes ........................ Yes (All).
Nebraska ............................................... Yes (All) ................................................ Yes ........................ Yes (All).
New Jersey ............................................ No ......................................................... No ......................... Yes (only for CAFO Annual Program
Report).
North Carolina ....................................... Yes (only for Low Erosivity Waivers No ......................... No.
and No Exposure Certifications).
Oregon ................................................... Yes (All) ................................................ Yes ........................ Yes (All).
Rhode Island ......................................... Yes (All) ................................................ Yes ........................ Yes (All).
Note: Although not required as the initial recipient process is an ‘opt-out’ process, Tennessee sent notice to EPA that they intend to be the Ini-
tial Recipient for all NPDES data groups.

State that have elected for EPA to be the Phase 2 electronic reporting www.epa.gov/npdes/npdes-state-
the Initial Recipient for all of the NPDES deadline (21 December 2020). program-information).
data groups will be using EPA’s For all other authorized NPDES Dated: August 24, 2016.
electronic reporting tools (e.g., NetDMR, programs not in the above table, the David Hindin,
NeT) and NPDES data system (ICIS– authorized state, tribe, or territorial Director, Office of Compliance, Office of
NPDES). It should be noted that Georgia NPDES program is the initial recipient Enforcement and Compliance Assurance.
and Rhode Island elected to use EPA’s for the NPDES programs and NPDES [FR Doc. 2016–21204 Filed 9–8–16; 8:45 am]
NetDMR and NPDES data system (ICIS– permits that it administers. For
BILLING CODE 6560–50–P
NPDES) prior to the effective date of the example, Arkansas will be the initial
final rule. Consequently, NPDES- recipient for all NPDES Data Groups
regulated entities in these two states except for the Sewage Sludge/Biosolids ENVIRONMENTAL PROTECTION
that are already using NetDMR will not Annual Program Reports [40 CFR part AGENCY
need to take any additional actions in 503], as Arkansas is not authorized for
response to Georgia and Rhode Island the Federal Biosolids NPDES program. 40 CFR Part 300
designating EPA as the Initial Recipient Likewise, Colorado will be the initial
for DMRs (NPDES Data Group No. 3). In [EPA–HQ–OLEM–2016–0151, 0152, 0154,
recipient for all NPDES Data Groups
accordance with the final rule (see 40 0155, 0156, 0157 and 0158; EPA–HQ–
except for: SFUND–2015–0139, 0575 and 0576; FRL–
CFR 127.16), NPDES-regulated entities • Sewage Sludge/Biosolids Annual 9952–06–OLEM]
in Nebraska and Oregon will need to Program Reports [40 CFR part 503],
register and start using NetDMR prior to
the Phase 1 electronic reporting • Pretreatment Program Reports [40 National Priorities List
deadline (21 December 2016). New CFR 403.12(i)], AGENCY: Environmental Protection
Jersey has elected for EPA to be the • Significant Industrial User Agency (EPA).
Initial Recipient for the Concentrated Compliance Reports in Municipalities
ACTION: Final rule.
Animal Feeding Operation (CAFO) Without Approved Pretreatment
Annual Program Report [see 40 CFR Programs [40 CFR 403.12(e) and (h)], SUMMARY: The Comprehensive
122.42(e)(4)]. In accordance with the and Environmental Response,
final rule, CAFOs in New Jersey will • All NPDES reporting for Federal Compensation, and Liability Act of 1980
need to register and start using NeT to facilities. (‘‘CERCLA’’ or ‘‘the Act’’), as amended,
submit their CAFO Annual Program Colorado is not authorized for the requires that the National Oil and
Report prior to the Phase 2 electronic Federal Biosolids or Pretreatment Hazardous Substances Pollution
reporting deadline (21 December 2020). NPDES programs and Colorado is not Contingency Plan (‘‘NCP’’) include a list
Finally, North Carolina has elected for the NPDES permitting authority for of national priorities among the known
EPA to be the Initial Recipient for Low Federal facilities in Colorado. It should releases or threatened releases of
Erosivity Waivers (LEWs) [see Exhibit 1 be noted that EPA will be the initial hazardous substances, pollutants or
ehiers on DSK5VPTVN1PROD with RULES

to 40 CFR 122.26(b)(15)] and No recipient for all NPDES-regulated contaminants throughout the United
Exposure Certifications (NOEs) [see entities where EPA is the permitting States. The National Priorities List
122.26(g)]. In accordance with the final authority or authorized NPDES program. (‘‘NPL’’) constitutes this list. The NPL is
rule, facilities in North Carolina will A full listing of NPDES program intended primarily to guide the
need to register and start using NeT to authorization for each state is available Environmental Protection Agency (‘‘the
submit their LEWs and NOEs prior to on EPA’s Web site (https:// EPA’’ or ‘‘the agency’’) in determining

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Document Created: 2018-02-09 13:15:05
Document Modified: 2018-02-09 13:15:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Notice of guidance.
Dates		September 9, 2016.
Contact		For additional information, please contact Mr. Carey A. Johnston (202-566-1014), Office of Compliance (mail code 2222A), Environmental Protection Agency, 1200 Pennsylvania Avenue NW.,
FR Citation		81 FR 62395