1) Purpose and Scope
A) This subsection (b), in conjunction with
the NPDES reporting requirements specified elsewhere in this Part, specifies
the requirements for:
i) Electronic reporting
of information by NPDES permittees;
ii) Facilities or entities seeking coverage
under NPDES general permits;
iii)
Facilities or entities submitting waivers from NPDES permit
requirements;
iv) Industrial users
located in municipalities without approved local pretreatment
programs;
v) Approved pretreatment
programs; and
vi) (The
Board
omitted a provision derived from
40 CFR
127.1(a)(6), as subject
matter outside the scope of wastewater
pretreatment. This statement maintains
structural consistency with the corresponding federal provisions.)
vii) USEPA and the Agency, to the extent the
Agency has received authorization from USEPA to implement the NPDES program.
This subsection (b), in conjunction with other segments of this Part, also
specifies the requirements for electronic reporting of NPDES information to
USEPA by the states, tribes, or territories that have received authorization
from USEPA to implement the NPDES program.
B) To the extent the
Agency is authorized to
implement a segment of the NPDES program, the
Agency must ensure that the
required minimum set of NPDES data (appendix A to
40 CFR
127, incorporated by reference in Section
310.107) is electronically transferred to
USEPA in a timely, accurate,
complete, and nationally-consistent manner fully compatible with
USEPA's
national NPDES data system.
C) To
the extent that the Secretary of Defense has exempted Department of Defense
"critical infrastructure security information" from disclosure under the
federal Freedom of Information
Act under
10 U.S.C.
130e, the exempted NPDES
program data will be
withheld from the public (see also section 7(1)(k) of the FOIA). If an NPDES
program data element for a particular
facility is designated as critical
infrastructure security information in response to a FOIA request, a separate
filtered set of data without the redacted information will be shared with the
public; however, all NPDES program data will continue to be provided to USEPA
and the Agency under the authorized State NPDES program.
D) Proper collection, management, and sharing
of the data and information listed in appendix A to
40 CFR
127, incorporated by reference in Section
310.107, ensures that there is a timely, complete, accurate, and nationally
consistent set of data about the NPDES
program.
BOARD NOTE: Subsection (b)(1) is derived from
40 CFR
127.1.
2) Definitions. For this subsection (b), the
following terms have the following meanings.
"Initial recipient of electronic NPDES information from
NPDES-regulated facilities" or "initial recipient" means the entity (USEPA or,
after Illinois is authorized by USEPA to implement the NPDES program, the
Agency) that is the designated entity for receiving electronic NPDES
data.
BOARD NOTE: Derived from
40 CFR
127.2(b). USEPA is the
initial recipient for a specific NPDES data group and NPDES program area until
USEPA authorizes the State to act as the initial recipient for that NPDES data
group and NPDES program area.
"Minimum set of NPDES data" means the data and information
listed in table 1 in appendix A to
40 CFR
127, incorporated by reference in Section
310.107.
BOARD NOTE: Derived from
40 CFR
127.2(e). For this Part, the
only data and information intended are those associated with NPDES data groups
1 (core NPDES data), 2 (general permit reports), 7 (pretreatment program
reports), and 8 (significant industrial user reports).
"NPDES data group" means the group of related data elements
identified in table 1 in appendix A to
40 CFR
127, incorporated by reference in Section
310.107. These NPDES data groups have similar regulatory reporting requirements
and have similar data sources.
BOARD NOTE: Derived from
40 CFR
127.2(c).
"NPDES program", for this subsection (b), means the federal
pretreatment program adopted by the Board under Section
13.3 of the Act to implement
section 307(b) of the Clean Water Act (33 U.S.C.
1317(b)). USEPA can
implement the NPDES program or authorize the State to implement the NPDES
program ("authorized NPDES program"). Identifying the relevant authority must
be done for each NPDES subprogram (e.g., NPDES core program, federal
facilities, general permits, and pretreatment).
BOARD NOTE: Derived from
40 CFR
127.2(d). This definition is
limited to wastewater pretreatment. The corresponding federal definition
includes all other aspects of the NPDES program.
"NPDES-regulated entity" means any entity regulated by the
NPDES program that has a role in the NPDES program, as defined in this
subsection (b)(2).
BOARD NOTE: Derived from
40 CFR
127.2(h). This definition is
limited to wastewater pretreatment. The corresponding federal definition
includes all other aspects of the NPDES program.
"Program reports" means the information reported by
NPDES-regulated entities and listed in table 1 in appendix A to
40 CFR
127, incorporated by reference in Section
310.107 (except NPDES data
groups 1 and 2).
BOARD NOTE: Derived from
40 CFR
127.2(f). For this
subsection (b), the only information intended is that associated with NPDES
data groups 7 (pretreatment program reports) and 8 (significant industrial user
reports).
BOARD NOTE: Subsection (b)(2) is derived from
40 CFR
127.2.
3) Data to Be Reported Electronically
A) An NPDES-regulated entity must
electronically submit the minimum set of NPDES data for these NPDES reports, as
applicable. The following NPDES reports are the source of the minimum set of
NPDES data from NPDES-regulated entities:
i)
Discharge monitoring reports (as required by USEPA under
40 CFR
122.41(l)(4)).
ii) This subsection (b)(3)(A)(ii) corresponds
with 40 CFR
127.11(a)(2), which pertains
to sewage sludge/biosolids annual reports, a subject matter outside the scope
of wastewater
pretreatment. This statement maintains structural consistency
with the federal rules.
iii)
Concentrated animal feeding operation annual
program reports (as required by
USEPA under 40 CFR
122.42(e)(4)).
iv) This subsection (b)(3)(A)(iv) corresponds
with 40 CFR
127.11(a)(4), which pertains
to municipal separate storm sewer system
program reports, a subject matter
outside the scope of wastewater pretreatment. This statement maintains
structural consistency with the federal rules.
v) Pretreatment program annual reports (see
Section
310.612).
vii) This subsection (b)(3)(A)(vii)
corresponds with 40 CFR
127.11(a)(7), which pertains
to cooling water intake structure reports, a subject matter outside the scope
of wastewater
pretreatment. This statement maintains structural consistency
with the federal rules.
B) A
facility or entity seeking coverage
under or termination from an NPDES general permit must electronically submit
the minimum set of NPDES data for the following notices, certifications, and
waivers (if those reporting requirements are applicable):
i) Notice of intent (NOI) to
discharge by
facilities seeking coverage under a general NPDES permit (rather than an
individual NPDES permit), as described in
40 CFR
122.28(b)(2); and
ii) Notice of termination (NOT), as described
in 40 CFR
122.64.
C) An
industrial user located in a
municipality without an approved local pretreatment
program must electronically
submit the minimum set of NPDES data for the following self-monitoring reports
(if those reporting requirements are applicable):
i) Periodic reports on continued compliance,
as described in Section
310.605; and
ii) Reporting requirements for industrial
users not subject to categorical
pretreatment standards, as described in
Section
310.611.
D) The minimum set of NPDES data for
NPDES-regulated facilities is identified in appendix A to
40 CFR
127, incorporated by reference in Section
310.107.
BOARD NOTE: Subsection (b)(3) is derived from
40 CFR
127.11.
5) Requirements Regarding Quality Assurance
and Quality Control
A) Responsibility for the
quality of the information provided electronically in compliance with this
subsection (b) by the NPDES permittees, facilities, and entities subject to
this subsection (b) rests with the owners and operators of those facilities or
entities. NPDES permittees, facilities, and entities subject to this subsection
(b) must use quality assurance and quality control procedures to ensure the
quality of the NPDES information submitted in compliance with this subsection
(b).
B) NPDES permittees,
facilities, and entities subject to this subsection (b) must electronically
submit their NPDES information in compliance with the data quality requirements
specified in subsection (b)(6). NPDES permittees, facilities, and entities
subject to this subsection (b) must electronically submit their NPDES
information unless a waiver is granted in compliance with this subsection (b)
(see subsections (b)(7) and (b)(7)(G)).
BOARD NOTE: Subsection (b)(5) is derived from
40 CFR
127.13.
6) Requirements Regarding Timeliness,
Accuracy, Completeness, and National Consistency. NPDES permittees, facilities,
and entities subject to this subsection (b) must comply with all requirements
in this subsection (b) and electronically submit the minimum set of NPDES data
in the following nationally-consistent manner:
A) Timely. Electronic submissions of the
minimum set of NPDES data to the appropriate initial recipient, as defined in
subsection (b)(2), must be timely.
i)
Measurement Data (including information from discharge monitoring reports,
self-monitoring data from industrial users located outside of approved local
pretreatment programs, and similar self-monitoring data). The electronic
submission of these data is due when that monitoring information is required to
be reported in compliance with statutes, regulations, the NPDES permit, another
control mechanism, or an enforcement order.
ii) Program Report Data. The electronic
submission of this data is due when that program report data is required to be
reported in compliance with statutes, regulations, the NPDES permit, another
control mechanism, or an enforcement order.
B) Accurate. Electronic submissions of the
minimum set of NPDES data must be identical to the actual measurements taken by
the owner or operator, or their duly authorized representative;
C) Complete. Electronic
submission of the
minimum set of NPDES data must include all required data (see appendix A to
40 CFR
127, incorporated by reference in Section
310.107) and these electronic submissions must be sent to the NPDES data system
of the initial recipient, as defined in subsection (b)(2); and
D) Consistent. Electronic submissions of the
minimum set of NPDES data must be compliant with
USEPA data standards as set
forth in this subsection (b) and in a form (including measurement units) fully
compatible with
USEPA's national NPDES data system.
BOARD NOTE: Subsection (b)(6) is derived from
40 CFR
127.14.
7) Waivers from Electronic Reporting
A) NPDES permittees, facilities, and entities
subject to this subsection (b) must electronically submit the minimum set of
NPDES data in compliance with this Section and Section
310.631 unless a waiver is
granted in compliance with this subsection (b)(7) and the procedures of
subsection (b)(7)(G).
B) USEPA or
the
Board, by an adjusted standard or variance issued under Section
28.1 or Sections 35 through 37
of the
Act and Subpart D or B of 35 Ill. Adm. Code
104, to the extent that the
State is authorized to administer a segment of the NPDES
program, may grant to
an NPDES
permittee,
facility, or entity subject to this subsection (b) a
temporary waiver from electronic reporting in compliance with this subsection
(b)(7) and the procedures of subsection (b)(7)(G).
i) Each temporary waiver must not extend
beyond five years. However, NPDES-regulated entities may re-apply for a
temporary waiver. It is the duty of the owner, operator, or duly authorized
representative of the NPDES permittee, facility, and entity subject to this
subsection (b) to re-apply for a new temporary waiver. The Board cannot grant a
temporary waiver to an NPDES-regulated entity without first receiving a
temporary waiver request from the NPDES-regulated entity.
ii) To apply for a temporary waiver, the
owner,
operator, or duly authorized representative of the NPDES permittee,
facility, and entity subject to this subsection (b) must submit the information
listed in subsection (b)(7)(E) in the petition for the temporary waiver.
BOARD NOTE: The Board moved the text of
40 CFR
127.15(b)(2)(i) through
(b)(2)(vi) to appear as 35 Ill. Adm. Code
310.106(b)(7)(E)(i) through
(b)(7)(E)(vi) to comport with codification
requirements.
iii) The Board
will determine whether to grant a temporary waiver to the extent Illinois is
authorized to administer the pertinent NPDES program area. The Board will
provide notice to the owner, operator, or duly authorized facility
representative submitting a temporary waiver request, in compliance with the
requirements of subsection (b)(7)(G).
iv) An NPDES permittee, facility, or entity
subject to this subsection (b) that has received a temporary waiver 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) in hard-copy format to the
authorized NPDES program. The Agency must electronically transfer these data to
USEPA in accordance with subsection (b)(7)(G).
v) An approved temporary waiver is not
transferrable.
C) USEPA
or the
Board, by an adjusted standard under Section
28.1 of the
Act [
415 ILCS
5/28.1 ] and Subpart D of 35 Ill. Adm. Code
104, to
the extent that the State is authorized to administer a segment of the NPDES
program, may grant to an NPDES
permittee,
facility, or entity subject to this
subsection (b) a permanent waiver from electronic reporting in compliance with
this subsection (b)(7) and the procedures of subsection (b)(7)(G).
i) A permanent waiver is only available to a
facility or entity that is owned or operated by members of a religious
community that chooses not to use certain modern technologies (e.g., computers,
electricity). The Board cannot grant a permanent waiver to an NPDES-regulated
entity without first receiving a permanent waiver request from the
NPDES-regulated entity.
ii) To
apply for a permanent waiver, the owner, operator, or duly authorized
representative of the NPDES permittee, facility, and entity subject to this
subsection (b) must submit the information listed in subsection (b)(7)(E) in
the petition for permanent waiver.
iii) An approved permanent waiver is not
transferrable.
iv) An NPDES
permittee, facility, or entity subject to this subsection (b) that has received
a permanent waiver 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) in
hard-copy format to the authorized NPDES program. The Agency must
electronically transfer these data to USEPA in accordance with subsection
(b)(7)(G).
D) The
Agency,
by a provisional variance under Sections 35 through 37 of the
Act and Subpart C
of 35 Ill. Adm. Code
104, to the extent that the State is authorized to
administer a segment of the NPDES
program, may grant to an NPDES
permittee,
facility, or entity subject to this subsection (b) an episodic waiver from
electronic reporting in compliance with subsections (b)(7)(G) and (b)(9). The
following conditions apply to an episodic waiver:
i) No waiver request from the NPDES
permittee, facility, or entity is required to obtain an episodic waiver from
electronic reporting.
ii) An
episodic waiver is not transferrable.
iii) An episodic waiver cannot last more than
60 days.
BOARD NOTE: Section 36(c) of the Act provides a maximum
duration of 45 days for a provisional variance, allowing a single extension of
up to 45 days. No combination of a provisional variance and an extension can
exceed 60 days in total duration under this subsection (b)(7)(D)(iii).
iv) The
Agency will decide if the
episodic waiver provision allows facilities and entities to delay their
electronic submissions or to send hardcopy (paper) submissions. An episodic
waiver is only available to a
facility or entity in the circumstances listed in
subsection (b)(7)(F).
BOARD NOTE: The Board moved the text of
40 CFR
127.15(d)(4)(i) and
(d)(4)(ii) to appear as 35 Ill. Adm. Code
310.106(b)(7)(F)(i) and
(b)(7)(E)(ii) to comport with codification
requirements.
E)
The following information items must be included in any petition for a
temporary or permanent waiver issued under subsection (b)(7)(B) or (b)(7)(C):
i) The facility name;
ii) The NPDES permit number (if
applicable);
iii) The facility
address;
iv) The name, address, and
contact information for the owner, operator, or duly authorized facility
representative;
v) A brief written
statement regarding the basis for claiming such a temporary waiver;
and
F) A
temporary waiver is limited to the following circumstances:
i) A large-scale emergency involving
catastrophic circumstances beyond the control of the facility, like a force of
nature (e.g., a hurricane, flood, fire, or earthquake) or another national
disaster. The Agency must determine whether an episodic waiver is warranted in
this case and must receive the hardcopy (paper) submissions.
ii) A prolonged electronic reporting system
outage (i.e., an outage longer than 96 hours). The
Agency must determine if an
episodic waiver is warranted in this case and must receive the hardcopy (paper)
submissions.
BOARD NOTE: The Board moved the text of
40 CFR
127.15(d)(4)(i) and
(d)(4)(ii) to appear as 35 Ill. Adm. Code
310.106(b)(7)(F)(i) and
(b)(7)(F)(ii) to comport with codification
requirements.
G)
Procedural Requirements for Waivers
i) USEPA
requires that the
Board grant or deny a request for a temporary or permanent
waiver from electronic reporting in writing within 120 days after receiving the
request.
BOARD NOTE: Subsection (b)(7)(G)(i) is derived from
40 CFR
127.24(a) and
(b).
ii) The
Agency must provide notice of an
episodic waiver individually or through means of mass communication if an
episodic waiver is available. The notice must state the facilities and entities
that may use the episodic waiver, the likely duration of the episodic waiver,
and any other directions regarding how facilities and entities should 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 initial recipient, as defined in
subsection (b)(2). No waiver request from the NPDES
permittee,
facility, or
entity is required to obtain an episodic waiver from electronic reporting. The
Agency, when granting the episodic waiver, must determine whether to allow
facilities and entities to delay their electronic submissions for a short time
(i.e., no more than 40 days) or to have the facilities and entities send
hardcopy (paper) submissions.
BOARD NOTE: Subsection (b)(7)(G)(ii) is derived from
40 CFR
127.24(d).
iii) The
Agency must electronically transfer
to USEPA the minimum set of NPDES data (as defined in Section
310.106(b)(2))
that it receives from a
permittee,
facility, or entity that has received a
waiver under this subsection (b)(7).
BOARD NOTE: Subsection (b)(7)(G)(iii) is derived from
40 CFR
127.24(c).
BOARD NOTE: Subsections (b)(7)(A) through (b)(7)(F) are
derived from 40 CFR
127.15.
8) Implementation of Electronic Reporting
Requirements for NPDES Permittees, Facilities, and Entities Subject to this
Subsection (b)
A) Scope and Schedule. An NPDES
permittee,
facility, or entity subject to this subsection (b), except those
covered by waivers under subsection (b)(7), must electronically submit the
following NPDES information (reports, notices, waivers, and certifications)
after the compliance deadlines listed in the following table.
NPDES Information
|
Compliance Deadlines for Electronic
Submissions
|
General Permit Reports
Notices of Intent to Discharge, Notices of
Termination, and Other Waivers
|
December 21, 2025
|
Discharge Monitoring Reports
|
December 21, 2016
|
POTW Pretreatment Program Annual Reports (see Section
310.612)
|
December 21, 2025
|
Significant Industrial User Compliance Reports in
Municipalities Without Approved Pretreatment Programs (see Sections
310.605 and 310.611)
|
December 21, 2025
|
BOARD NOTE: EPA may approve an alternative compliance
deadline for general permit reports and program reports in accordance with
40 CFR
127.24(e) and
(f).
B) Electronic Reporting Standards. An NPDES
permittee, facility, or entity subject to this subsection (b) must
electronically submit the information listed in the table in subsection
(b)(8)(A) in compliance with this Section and Section 310.631.
C) Initial Recipient. An NPDES
permittee,
facility, or entity subject to this subsection (b) must electronically submit
the information listed in the table in subsection (b)(8)(A) to USEPA Region 5,
the Control Authority, the Approval Authority, or the initial recipient (as
identified under 40 CFR
127.27 and defined in subsection (b)(2)).
USEPA was to identify and publish the initial recipient on a
USEPA website and
in the Federal Register, by state and NPDES data group (see subsection (b)(7)).
BOARD NOTE: The procedure by which USEPA determines the
initial recipient is 40 CFR
127.27. That procedure provides that USEPA is
the initial recipient if the State is not approved by USEPA to act as the
initial recipient.
D)
Standards for NPDES-Regulated Entities with Electronic Reporting Waivers. An
NPDES
permittee,
facility, or entity subject to this subsection (b) that has
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 Agency or initial recipient (see subsection (b)(7)).
BOARD NOTE: Subsection (b)(8) is derived from
40 CFR
127.16.