MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule  -  Phase 2 Extension
		EPA Docket Number EPA-HQ-OECA-2019-0408 (www.regulations.gov)	

FROM:		Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph: (202) 566 1014
            johnston.carey@epa.gov

DATE:		12 June 2020

--------------------------------------------------------------------------------
SUBJECT:	Notes from State Outreach Meeting with Iowa DNR (13 May 2020) [DCN 0027]
--------------------------------------------------------------------------------


EPA convened this meeting with the Iowa Department of Natural Resources (IA DNR) to discuss their comments on the NPDES Electronic Reporting Rule - Phase 2 Extension proposed rule. This proposed rule was published on February 28, 2020 and the comment period closed on April 28, 2020. The IA DNR comments are in the public docket for this rulemaking. The following people participated in this meeting:

 Carey Johnston, U.S. EPA
 Lori McDaniel, IA DNR
 Courtney Cswercko, IA DNR

Mr. Johnston focused the discussion on the following IA DNR comment.

   "EPA needs to clearly establish the intent of the proposed language at 127.24(f), and adjust the language accordingly. As written, the proposed language at (f) could allow EPA to delay electronic reporting and establish implementation details for states without the consent of those states."
Ms. Cswercko confirmed that EPA needs to edit the proposed regulatory language [40 CFR 127.24(f)] so that it is clear that EPA cannot dictate to states how electronic reporting would be implemented if the state is meeting the implementation schedule in the rule (see Table 1, 40 CFR 127.16, and 40 CFR 127.23). Mr. Johnston clarified that EPA sets performance requirements for states that wish to build their own electronic reporting tools. To make this clearer, Mr. Johnston and IA DNR worked together to develop edits to 127.24(f). In particular, Mr. Johnston added a cross-reference in 127.24(f) to the existing procedure in the NPDES Electronic Reporting rule (40 CFR 127.27) for identifying the initial recipient [as defined in 40 CFR 127.2(b)]. The following are the redline/strikeout edits suggested by IA DNR.

40 CFR 127.24(f) - EPA may, as it deems appropriate, establish an alternative compliance deadline for electronic reporting and data sharing for one or more facilities, general permit reports, program reports, and related data elements (see Table 2 to appendix A) in one or more states. EPA may establish an alternative compliance deadline up to three years beyond the currently applicable date, but in no event beyond December 21, 2028. Separately, EPA will provide notice to the each authorized NPDES program covered by each alternative compliance deadline. This notice will detail include a rationale for the delay and enough details (e.g., tasks, milestones, roles and responsibilities, necessary resources) how EPA will implement electronic reporting (when EPA is responsible for deploying one or more electronic reporting tools) or how it will receive data from authorized NPDES programs (when the state is responsible for deploying one or more electronic reporting tools). to clearly describe how it will successfully implement electronic reporting for general permit, program report, and related data elements covered by the extension. EPA will update its website to clearly identify the alternative compliance deadlines for each facility, general permit report, program report, and related data elements by authorized NPDES program. This paragraph does not change the process for designating the initial recipient of electronic NPDES information from NPDES-regulated facilities. See Section 127.27.

