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

circuit by November 8, 2016. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. Parties with 

objections to this direct final rule are 

encouraged to file a comment in 

response to the parallel notice of 

proposed rulemaking for this action 

published in the proposed rules section 

of this Federal Register, rather than file 

an immediate petition for judicial 

review of this direct final rule, so that 

EPA can withdraw this direct final rule 

and address the comment in the 

proposed rulemaking action. 

This action pertaining to OCS sources 

in Maryland may not be challenged later 

in proceedings to enforce its 

requirements. (See section 307(b)(2).) 

List of Subjects in 40 CFR Part 55 

Environmental protection, 

Administrative practice and procedures, 

Air pollution control, Carbon monoxide, 

Hydrocarbons, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Outer 

Continental Shelf, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: August 2, 2016. 

Shawn M. Garvin, 

Regional Administrator, Region III. 

For the reasons discussed in the 

preamble, 40 CFR part 55 is amended as 

follows: 

PART 55—OUTER CONTINENTAL 

SHELF AIR REGULATIONS 

■ 1. The authority citation for part 55 

continues to read as follows: 

Authority: Section 328 of the Clean Air Act 

(42 U.S.C. 7401, et seq.) as amended by 

Public Law 101–549. 

■ 2. Section 55.14 is amended by 

revising paragraph (e)(10)(i)(A) to read 

as follows: 

§ 55.14 Requirements that apply to OCS 

sources located within 25 miles of States’ 

seaward boundaries, by State. 

* * * * * 

(e) * * * 

(10) * * * 

(i) * * * 

(A) State of Maryland Requirements 

Applicable to OCS Sources, May 6, 

2016. 

* * * * * 

■ 3. In appendix A to part 55, the entry 

for Maryland is revised to read as 

follows: 

Appendix A to Part 55—Listing of State 

and Local Requirements Incorporated 

by Reference Into Part 55, by State 

* * * * * 

Maryland: 

(a) State Requirements. 

(1) The following State of Maryland 

requirements are applicable to OCS Sources, 

May 6, 2016, State of Maryland—Department 

of the Environment. The following sections 

of Code of Maryland Regulations (COMAR) 

Title 26 Subtitle 11: 

COMAR 26.11.01—General Administrative 

Provisions (Effective as of February 15, 

2016) 

COMAR 26.11.02—Permits, Approvals, and 

Registrations (Effective as of December 10, 

2015) 

COMAR 26.11.03—Permits, Approvals, and 

Registration—Title V Permits (Effective as 

of November 12, 2010) 

COMAR 26.11.05—Air Pollution Episode 

System (Effective as of November 12, 2010) 

COMAR 26.11.06—General Emission 

Standards, Prohibitions, and Restrictions 

(Effective as of July 08, 2013) 

COMAR 26.11.07—Open Fires (Effective as 

of November 12, 2010) 

COMAR 26.11.08—Control of Incinerators 

(Effective as of February 15, 2016) 

COMAR 26.11.09—Control of Fuel-Burning 

Equipment, Stationary Internal 

Combustion Engines and Certain FuelBurning Installations (Effective as of July 

20, 2015) 

COMAR 26.11.13—Control of Gasoline and 

Volatile Organic Compound Storage and 

Handling (Effective as of July 21, 2014) 

COMAR 26.11.15—Toxic Air Pollutants 

(Effective as of November 12, 2010) 

COMAR 26.11.16—Procedures Related to 

Requirements for Toxic Air Pollutants 

(Effective as of November 12, 2010) 

COMAR 26.11.17—Nonattainment Provisions 

for Major New Sources and Major 

Modifications (Effective as of July 08, 2013) 

COMAR 26.11.19—Volatile Organic 

Compounds from Specific Processes 

(Effective as of September 28, 2015, 2012) 

COMAR 26.11.20—Mobile Sources (Effective 

as of November 12, 2010) 

COMAR 26.11.26—Conformity (Effective as 

of November 12, 2010) 

COMAR 26.11.33—Architectural Coatings 

(Effective as of November 12, 2010) 

COMAR 26.11.35—Volatile Organic 

Compounds from Adhesives and Sealants 

(Effective as of November 12, 2010) 

COMAR 26.11.36—Distributed Generation 

(Effective as of June 13, 2011) 

COMAR 26.11.39—Architectural and 

Industrial Maintenance (AIM) Coatings 

(Effective as of April 2016) 

* * * * * 

[FR Doc. 2016–21460 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 127 

[FRL–9951–76–OECA] 

NPDES Electronic Reporting Rule 

Implementation Guidance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of guidance. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) recently 

promulgated the NPDES Electronic 

Reporting Rule (‘‘final rule’’) to 

modernize Clean Water Act reporting 

for municipalities, industries, and other 

facilities by converting to an electronic 

data reporting system. This final rule 

requires regulated entities and state and 

Federal regulators to use existing, 

available information technology to 

electronically report data required by 

the National Pollutant Discharge 

Elimination System (NPDES) permit 

program instead of filing written paper 

reports. 

This action will save time and 

resources for permittees, states, tribes, 

territories, and the U.S. Government 

while increasing data accuracy, 

improving compliance, and supporting 

EPA’s goal of providing better 

protection of the nation’s waters. This 

regulation will help provide greater 

clarity on who is and who is not in 

compliance and enhances transparency 

by providing a timelier, complete, more 

accurate, and nationally-consistent set 

of data about the NPDES program. 

The final rule requires EPA to publish 

in the Federal Register a listing of the 

initial recipients for electronic NPDES 

information from NPDES-regulated 

facilities by state, tribe, and territory 

and by NPDES data group. This listing 

must identify for NPDES-regulated 

facilities the initial recipient of their 

NPDES electronic data submissions and 

the due date for these NPDES electronic 

data submissions. This Federal Register 

document provides an overview of the 

‘‘initial recipient’’ term as well as the 

listing of the initial recipients by state, 

tribe, and territory and by NPDES data 

group and the due date for NPDES 

electronic data submissions. In 

accordance with the final rule, EPA will 

update this listing on its Web site and 

in the Federal Register if there are any 

changes. 

DATES: September 9, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

additional information, please contact 

Mr. Carey A. Johnston (202–566–1014), 

Office of Compliance (mail code 


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62396 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Rules and Regulations 

1EPA seeks to ensure that electronic reporting 

has at least the same level of legal defensibility and 

dependability as information that EPA would 

obtain through hard-copy paper submission. The 

Cross-Media Electronic Reporting Regulation 

(CROMERR), promulgated October 13, 2005, 

provides the legal framework for electronic 

reporting requirements established under all EPA 

environmental regulations (40 CFR part 3). See the 

proposed rule for more background detail on 

CROMERR (30 July 2013; 78 FR 46035). 

2222A), Environmental Protection 

Agency, 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; email 

address: johnston.carey@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Overview of the Initial Recipient 

Designation Process 

Under the NPDES Electronic 

Reporting Rule (‘‘final rule’’), NPDESregulated entities are required to submit 

NPDES program data to the designated 

initial recipient, as defined in 40 CFR 

127.2(b) (see 22 October 2015; 80 FR 

64064). For the final rule, the term 

‘‘initial recipient’’ means the 

governmental entity, either the 

authorized state, territory, or tribe, or 

EPA, who first receives the NPDES 

program data listed in Appendix A to 40 

CFR 127. The initial recipient 

designation is made separately for each 

state and by each NPDES data group, 

which is defined in 40 CFR 127.2(c). 

EPA is using the initial recipient term 

to help NPDES-regulated entities 

properly identify the recipient for their 

electronic NPDES program data 

submissions. The initial recipient 

provision will also help ensure that 

authorized NPDES programs and EPA 

are properly sharing these NPDES 

program data with each other. EPA is 

required by the rule to maintain the 

initial recipient list for each state and by 

each NPDES data group and publish this 

list on its Web site and in the Federal 

Register [see 40 CFR 127.27(c)]. 

Identification of the initial recipient for 

each NPDES data group is also included 

as a new NPDES permit standard 

condition, which authorized NPDES 

programs must include in NPDES 

permits [see 40 CFR part 122.41(l)(9)]. 

As necessary, the initial recipient 

designation can switch back and forth 

between the authorized state, tribe, or 

territory NPDES programs and EPA. 

EPA’s goal is to help all authorized 

NPDES programs be the initial recipient 

for any data group (e.g., DMRs) for 

which they would like to first receive 

the data. Below is the process for 

identifying the initial recipient. 

• As of the effective date of the final 

rule (21 December 2015), the initial 

recipient determination is an ‘opt-out’ 

process for authorized state, tribe, or 

territory NPDES programs. Per section 

127.27(a), an authorized NPDES 

program must notify EPA within 120 

days of the effective date of the final 

rule (19 April 2016) if it wishes EPA to 

be the initial recipient for a particular 

NPDES data group. EPA received six 

such notices from authorized NPDES 

programs. For all other authorized 

NPDES programs, EPA is designating 

the authorized state, tribe, or territorial 

NPDES program as the initial recipient 

for all NPDES data groups. 

• An authorized NPDES program can 

initially elect for EPA to be the initial 

recipient and then, at a later date, seek 

EPA approval to change the initial 

recipient status for one or all of the 

NPDES data groups from EPA to the 

authorized state, tribe, or territory. To 

make this switch, the authorized state, 

tribe, or territory must send a request to 

EPA. This request shall identify the 

specific NPDES data groups for which 

the state, tribe, or territory would like to 

be the initial recipient of electronic 

NPDES information, include a 

description of how its data system will 

be compliant with 40 CFR part 3 

(including, in all cases, subpart D) and 

40 CFR part 127, and the date or dates 

when the state, tribe, or territory will be 

ready to start receiving this information. 

Section 127.27 outlines the process for 

requesting the designation of initial 

recipient. After EPA approval of the 

request, EPA will update the initial 

recipient list and will publish the 

revised initial recipient listing on its 

Web site and in the Federal Register. 

• An authorized NPDES program can 

initially elect to be the initial recipient 

for one or all of the NPDES data groups 

and then at a later date request that EPA 

become the initial recipient for one or 

all of the NPDES data groups. To make 

this switch the authorized state, tribe, or 

territory will send a request to EPA. 

After coordination with the state, EPA 

will update the initial recipient list and 

will publish the revised initial recipient 

listing on its Web site and in the 

Federal Register [see 127.27(c)]. 

• There is also a process in Section 

127.27(d) for ensuring that authorized 

NPDES programs share the minimum 

set of NPDES program data with EPA 

(see Appendix A to 40 CFR part 127). 

This process will switch the initial 

recipient status from the authorized 

state, tribe, or territory to EPA if the 

authorized NPDES program is not 

sharing the minimum set of NPDES 

program data with EPA. Section 

127.27(d)(4) states that, ‘‘EPA will work 

with the Director of the authorized 

NPDES program to remediate all issues 

identified by EPA that prevent the 

authorized NPDES program from being 

the initial recipient.’’ When the issues 

identified by EPA are satisfactorily 

resolved, EPA must update the initial 

recipient listing and publish the revised 

initial recipient listing on its Web site 

and in the Federal Register. 

It should be noted that authorized 

NPDES programs will continue to retain 

their responsibilities to facilitate 

electronic reporting even when an 

authorized NPDES program elects for 

EPA be the initial recipient for one or 

more NPDES data groups. Regardless of 

the initial recipient status, EPA does not 

take over any permitting, compliance 

monitoring, or enforcement activities 

from the authorized NPDES program. In 

particular, the authorized NPDES 

program will: 

• Maintain the primary roles and 

responsibility for implementing and 

enforcing the NPDES program; 

• Retain the responsibility for 

outreach and training NPDES-regulated 

entities on how to register and use the 

appropriate electronic reporting tools; 

• Retain data steward responsibilities 

(including review and processing error 

correction requests); and 

• Retain the responsibility for review 

and processing electronic reporting 

waiver requests. 

EPA will continue to assist authorized 

NPDES programs with their training and 

outreach needs as well as provide other 

support so that authorized NPDES 

programs can fully understand and use 

EPA’s electronic reporting systems and 

thereby provide effective support to 

NPDES-regulated entities. 

The interaction between the 

CROMERR requirements and the initial 

recipient requirements in the final rule 

should be noted.1 For example, if the 

initial recipient status for a particular 

state for a particular data group switches 

from the state to EPA, then the NPDESregulated entities in that data group in 

that state would need to ensure they 

register with the appropriate 

CROMERR-compliant system. In this 

example, NPDES-regulated entities will 

switch from using the state electronic 

reporting systems to EPA’s electronic 

reporting systems (e.g., NetDMR, NeT). 

This means that these regulated entities 

will need to register and obtain the 

necessary signing credentials for EPA’s 

electronic reporting systems. Similarly, 

if the initial recipient status for a 

particular state, territory, or tribe for a 

particular data group switches from EPA 

to the state, then those NPDES-regulated 

entities in that data group in that state, 

territory, or tribe would switch from 

using an EPA electronic reporting 

system to a state electronic reporting 

system. Under this scenario, regulated 

entities will need to register and obtain 

the necessary signing credentials for the 


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

authorized NPDES program’s electronic 

reporting systems. However, if a state, 

territory, or tribe is already using EPA’s 

electronic reporting systems, the 

regulated entities would not need to 

register again as the NPDES-regulated 

entity will be using the same electronic 

reporting tool (i.e., no change in the 

subscriber agreement that accompanies 

the electronic reporting tool). 

II. Listing of the Initial Recipients for 

NPDES Electronic Reporting 

The final rule requires EPA to publish 

in the Federal Register a listing of the 

initial recipients for electronic NPDES 

information from NPDES-regulated 

facilities by state, tribe, and territory 

and by NPDES data group [see 40 CFR 

127.27(c)]. This listing must identify for 

NPDES-regulated facilities the initial 

recipient of their NPDES electronic data 

submissions and the due date for these 

NPDES electronic data submissions. The 

final rule requires authorized NPDES 

programs to send EPA an opt-out notice 

by 19 April 2016. The following is a list 

of the six states that sent an opt-out 

notice to EPA. These notices are posted 

on EPA’s Web site that provides 

implementation information. 

State 

State elected for EPA to be initial 

recipient for general permit reports 

(NPDES Data Group No. 2) 

State elected for 

EPA to be initial 

recipient for DMRs 

(NPDES Data 

Group No. 3) 

State elected for EPA to be initial 

recipient for program reports 

(NPDES Data Group Nos. 4 through 

10) 

Georgia .................................................. Yes (All) ................................................ Yes ........................ Yes (All). 

Nebraska ............................................... Yes (All) ................................................ Yes ........................ Yes (All). 

New Jersey ............................................ No ......................................................... No ......................... Yes (only for CAFO Annual Program 

Report). 

North Carolina ....................................... Yes (only for Low Erosivity Waivers 

and No Exposure Certifications).

No ......................... No. 

Oregon ................................................... Yes (All) ................................................ Yes ........................ Yes (All). 

Rhode Island ......................................... Yes (All) ................................................ Yes ........................ Yes (All). 

Note: Although not required as the initial recipient process is an ‘opt-out’ process, Tennessee sent notice to EPA that they intend to be the Initial Recipient for all NPDES data groups. 

State that have elected for EPA to be 

the Initial Recipient for all of the NPDES 

data groups will be using EPA’s 

electronic reporting tools (e.g., NetDMR, 

NeT) and NPDES data system (ICIS– 

NPDES). It should be noted that Georgia 

and Rhode Island elected to use EPA’s 

NetDMR and NPDES data system (ICIS– 

NPDES) prior to the effective date of the 

final rule. Consequently, NPDESregulated entities in these two states 

that are already using NetDMR will not 

need to take any additional actions in 

response to Georgia and Rhode Island 

designating EPA as the Initial Recipient 

for DMRs (NPDES Data Group No. 3). In 

accordance with the final rule (see 40 

CFR 127.16), NPDES-regulated entities 

in Nebraska and Oregon will need to 

register and start using NetDMR prior to 

the Phase 1 electronic reporting 

deadline (21 December 2016). New 

Jersey has elected for EPA to be the 

Initial Recipient for the Concentrated 

Animal Feeding Operation (CAFO) 

Annual Program Report [see 40 CFR 

122.42(e)(4)]. In accordance with the 

final rule, CAFOs in New Jersey will 

need to register and start using NeT to 

submit their CAFO Annual Program 

Report prior to the Phase 2 electronic 

reporting deadline (21 December 2020). 

Finally, North Carolina has elected for 

EPA to be the Initial Recipient for Low 

Erosivity Waivers (LEWs) [see Exhibit 1 

to 40 CFR 122.26(b)(15)] and No 

Exposure Certifications (NOEs) [see 

122.26(g)]. In accordance with the final 

rule, facilities in North Carolina will 

need to register and start using NeT to 

submit their LEWs and NOEs prior to 

the Phase 2 electronic reporting 

deadline (21 December 2020). 

For all other authorized NPDES 

programs not in the above table, the 

authorized state, tribe, or territorial 

NPDES program is the initial recipient 

for the NPDES programs and NPDES 

permits that it administers. For 

example, Arkansas will be the initial 

recipient for all NPDES Data Groups 

except for the Sewage Sludge/Biosolids 

Annual Program Reports [40 CFR part 

503], as Arkansas is not authorized for 

the Federal Biosolids NPDES program. 

Likewise, Colorado will be the initial 

recipient for all NPDES Data Groups 

except for: 

• Sewage Sludge/Biosolids Annual 

Program Reports [40 CFR part 503], 

• Pretreatment Program Reports [40 

CFR 403.12(i)], 

• Significant Industrial User 

Compliance Reports in Municipalities 

Without Approved Pretreatment 

Programs [40 CFR 403.12(e) and (h)], 

and 

• All NPDES reporting for Federal 

facilities. 

Colorado is not authorized for the 

Federal Biosolids or Pretreatment 

NPDES programs and Colorado is not 

the NPDES permitting authority for 

Federal facilities in Colorado. It should 

be noted that EPA will be the initial 

recipient for all NPDES-regulated 

entities where EPA is the permitting 

authority or authorized NPDES program. 

A full listing of NPDES program 

authorization for each state is available 

on EPA’s Web site (https://

www.epa.gov/npdes/npdes-stateprogram-information). 

Dated: August 24, 2016. 

David Hindin, 

Director, Office of Compliance, Office of 

Enforcement and Compliance Assurance. 

[FR Doc. 2016–21204 Filed 9–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–OLEM–2016–0151, 0152, 0154, 

0155, 0156, 0157 and 0158; EPA–HQ– 

SFUND–2015–0139, 0575 and 0576; FRL– 

9952–06–OLEM] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 1980 

(‘‘CERCLA’’ or ‘‘the Act’’), as amended, 

requires that the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (‘‘NCP’’) include a list 

of national priorities among the known 

releases or threatened releases of 

hazardous substances, pollutants or 

contaminants throughout the United 

States. The National Priorities List 

(‘‘NPL’’) constitutes this list. The NPL is 

intended primarily to guide the 

Environmental Protection Agency (‘‘the 

EPA’’ or ‘‘the agency’’) in determining 


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