Title 40

PART 127 APPENDIX A


Appendix A to Part 127 - Minimum Set of NPDES Data

40:24.0.1.1.17.3.16.8.19 : Appendix A

Appendix A to Part 127 - Minimum Set of NPDES Data Link to an amendment published at 85 FR 69200, Nov. 2, 2020.

The following two tables identify the minimum set of NPDES data that authorized states, tribes, territories must enter or transfer to EPA's national NPDES data system as well as what NPDES-regulated entities must electronically report to the designated initial recipient (authorized NPDES program or EPA) [see 40 CFR 127.2(b)]. Authorized NPDES programs will be the data provider in the event the regulated entity is covered by a waiver from electronic reporting. Use of these two tables ensures that there is consistent and complete reporting nationwide, and expeditious collection and processing of the data, thereby making it more accurate and timely. Taken together, these data standardizations and the corresponding electronic reporting requirements in 40 CFR parts 3, 122, 123, 124, 125, 127, 403, and 503 are designed to save the NPDES authorized programs considerable resources, make reporting easier for NPDES-regulated entities, streamline permit renewals (as permit writers typically review previous noncompliance events during permit renewal), ensure full exchange of NPDES program data between states and EPA to the public, improve environmental decision-making, and protect human health and the environment.

Authorized NPDES programs may also require NPDES regulated entities to submit more data than what is listed in this appendix. The authorized NPDES program can require NPDES regulated entities to submit these “non-appendix A” data on paper, electronically, or attachments to electronic notices and reports filed in compliance with this part.

Instructions: Table 1 of this appendix provides the list of data sources and minimum submission frequencies for the ten different NPDES Data Groups. Table 2 of this appendix provides the data that must be electronically reported for each of these NPDES Data Groups. The use of each data element is determined by identifying the number(s) in the column labeled “NPDES Data Group Number” in Table 2 and finding the corresponding “NPDES Data Group Number” in Table 1. For example, a value of “1” in Table 2 means that this data element is required in the electronic transmission of data from the NPDES program to EPA (Core NPDES Permitting, Compliance, and Enforcement Data). Likewise, a value of “1 through 10” in Table 2 means that this data element is required in all ten NPDES data groups. NPDES regulated entities that have no historical record (e.g., “greenfield” facilities) do not need to provide data elements that rely on historical data elements. For the purposes of this appendix, the term `sewage sludge' [see 40 CFR 503.9(w)] also refers to the material that is commonly referred to as `biosolids.' EPA does not have a regulatory definition for biosolids but this material is commonly referred to as sewage sludge that is placed on, or applied to the land to use the beneficial properties of the material as a soil amendment, conditioner, or fertilizer. EPA's use of the term `biosolids' in this appendix is to confirm that information about beneficially used sewage sludge (a.k.a. biosolids) is part of the data collected in this appendix.

Table 1 - Data Sources and Regulatory Citations 1

NPDES Data group No. 2 NPDES data group Program area Data provider Minimum frequency 3
1 Core NPDES Permitting, Compliance, and Enforcement Data [40 CFR parts 122, 123, 403, 503] All NPDES Program Sectors Authorized NPDES Program Within 40 days of the completed activity
or within 40 days of receipt of a report from a regulated entity [see § 127.23(a)(1)]. However, the frequency associated with any particular permittee may be considerably less [e.g., once every five years for most permit information].
2 General Permit Reports [Notices of Intent to discharge (NOIs); Notices of Termination (NOTs); No Exposure Certifications (NOEs); Low Erosivity Waivers and Other Waivers from Stormwater Controls (LEWs)] [40 CFR 122.26(b)(15), 122.28 and 124.5] All NPDES Program Sectors NPDES Permittee Prior to obtaining coverage under a general permit or consideration for permit exclusion or waiver from permitting, and permit coverage termination. General permits are generally issued once every five years.
3 Discharge Monitoring Reports [40 CFR 122.41(l)(4)] Most NPDES Program Sectors NPDES Permittee At least annual, more frequent submissions may be required by the permit.
4 Sewage Sludge/Biosolids Annual Program Reports [40 CFR part 503] Sewage Sludge/Biosolids NPDES Regulated Sewage Sludge/Biosolids Generator and Handler Annual.
5 Concentrated Animal Feeding Operation (CAFO) Annual Program Reports [40 CFR 122.42(e)(4)] CAFO CAFO Annual.
6 Municipal Separate Storm Sewer System (MS4) Program Reports [40 CFR 122.34(d)(3) and 122.42(c)] MS4 NPDES Permittee Annual for first permit term; Year two and year four in subsequent permit terms (Small MS4), Annual (Medium and Large MS4).
7 Pretreatment Program Reports [40 CFR 403.12(i)] Pretreatment POTW Pretreatment Control Authority, Approval Authority for SIUs in Municipalities Without Approved Pretreatment Programs Annual.
8 Significant Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs [40 CFR 403.12(e) and (h)] Pretreatment Significant Industrial User Bi-Annual.
9 Sewer Overflow Event Reports [40 CFR 122.41(l)(6) and (7)] Sewer Overflows NPDES Permittee Within 5 days of the time the permittee becomes aware of the sewer overflow event (health or environment endangerment), Monitoring report frequency specific in permit (all other sewer overflow events).
10 CWA section 316(b) Annual Reports [40 CFR part 125, subpart J] CWA section 316(b) NPDES Permittee Annual.