[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]


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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.

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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 http://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 http://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 http://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


