§ 127.16 - Implementation of electronic reporting requirements for NPDES permittees, facilities, and entities subject to this part [see § 127.1(a)].

§ 127.16 Implementation of electronic reporting requirements for NPDES permittees, facilities, and entities subject to this part [see § 127.1(a)].

Cross Reference

Link to an amendment published at 85 FR 69199, Nov. 2, 2020.

(a) Scope and schedule. NPDES permittees, facilities, and entities subject to this part [see § 127.1(a)], with the exception of those covered by waivers under §§ 127.15 and 127.24, must electronically submit the following NPDES information (reports, notices, waivers, and certifications) after the start dates listed in Table 1 of this section. This part is not intended to undo existing requirements for electronic reporting. Prior to this date, and independent of this part, the permittee may be required to report electronically if specified by a particular permit or if required to do so by state law.

Table 1 - Start Dates to § 127.16(a) - Compliance Deadlines for Electronic Submissions of NPDES Information

NPDES information	Start dates Compliance deadlines for electronic submissions1
General Permit Reports [Notices of Intent to discharge (NOIs); Notices of Termination (NOTs); No Exposure Certifications (NOEs); Low Erosivity Waivers (LEWs) and other Waivers] [40 CFR 122.26(b)(15), 122.28, and 122.64]	December 21, 20202025.
Discharge Monitoring Reports [40 CFR 122.41(l)(4)]	December 21, 2016.
Biosolids Annual Program Reports [40 CFR part 503]	December 21, 2016 (when the Regional Administrator is the Director).1 2 December 21, 2020 2025 (when the state, tribe or territory is the authorized NPDES program).1 2
Concentrated Animal Feeding Operation (CAFO) Annual Program Reports [40 CFR 122.42(e)(4)]	December 21, 20202025.
Municipal Separate Storm Sewer System (MS4) Program Reports [40 CFR 122.34(gd)(3) and 122.42(c)]	December 21, 20202025.
POTW Pretreatment Program Annual Reports [40 CFR 403.12(i)]	December 21, 20202025.
Significant Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs [40 CFR 403.12(e) and (h)]	December 21, 20202025.
Sewer Overflow/Bypass Event Reports [40 CFR 122.41(l)(4), (6) and , (7), and 122.41(m)(3)]	December 21, 20202025.
CWA 316(b) Annual Reports [40 CFR part 125 , subparts I, J, and N]	December 21, 2020.

¹

2025.

¹ EPA may approve an alternative compliance deadline for general permit reports and program reports in accordance with § 127.24(e) and (f).

² Note: Director is defined in 40 CFR 122.2.

(b) Electronic reporting standards. NPDES permittees, facilities, and entities subject to this part [see § 127.1(a)] must electronically submit the information listed in Table 1 in § 127.16(a) in compliance with this part and 40 CFR part 3 (including, in all cases, subpart D to part 3), 40 CFR 122.22, and 40 CFR 403.12(l).

(c) Initial recipient. NPDES permittees, facilities, and entities subject to this part [see § 127.1(a)] must electronically submit the information listed in Table 1 in § 127.16(a) to the Director, Control Authority, Approval Authority, or initial recipient [as identified in § 127.27, and as defined in § 127.2(b)]. EPA must identify and publish the initial recipient on an EPA Web site and in the Federal Register, by state and by NPDES data group [see § 127.2(c)].

(d) Standards for NPDES regulated entities with electronic reporting waivers. NPDES permittees, facilities, and entities subject to this part [see § 127.1(a)] that have received a waiver from electronic reporting must continue to provide the minimum set of NPDES data (as well as other required information in compliance with statutes, regulations, the NPDES permit, another control mechanism, or an enforcement order) to the authorized NPDES program or initial recipient (see § 127.15).

[80 FR 64102, Oct. 22, 2015, as amended at 85 FR 69199, Nov. 2, 2020]