; and (D) report each sewer overflow to the Administrator (or the State), describing— (i) the magnitude, duration, and suspected cause of the overflow; (ii) the steps taken or planned to reduce, eliminate, or prevent a recurrence of the overflow; and (iii) the steps taken or planned to mitigate the adverse effects of the overflow. (2) Exception The reporting requirements of paragraph (1)(D) shall not apply to a sewer overflow that is a release of wastewater that occurs in the course of maintenance of a treatment works, is managed consistently with best management practices for treatment works, and is intended to prevent sewer overflows. (3) Annual report In the case of a permit program approved by the Administrator, the State shall submit to the Administrator an annual report describing sewer overflows reported to the State under paragraph (1)(D). (4) Rulemaking Not later than one year after the date of enactment of this subsection, the Administrator shall issue regulations to implement this subsection, including regulations to— (A) establish a set of criteria to guide the owner or operator of a publicly owned treatment works in— (i) assessing whether a sewer overflow has the potential to affect human health or may imminently and substantially endanger human health; and (ii) developing communication measures that are sufficient to give notice under paragraphs (1)(B) and (1)(C)