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### MEMORANDUM TO: Public Record for the NPDES Electronic Reporting Rule

EPA Docket Number EPA
- HQ
- OECA
- 2009
- 0274 (www.regulations.gov) FROM: Carey

A. Johnston, P.E. USEPA/ OECA/OC DATE: 1 7 November 2011 SUBJECT: Other Phase
- In Options Considered b y EPA for Electronic Reporting of NPDES

In formation to EPA [ DCN 00 39 ] 

### I. **Other Phase -**  **In Options Considered by EPA A.**  **Phase -**  **in by Data Family** EPA has also considered establishing national deadlines for particular families of data. For example, during the first y ear of implementation by permittees 1 EPA might require data entry for all data families for all major facilities, required facility data and per

mit data for all nonmajor facilities (including all NPDES subprograms [i.e., CSOs, SSOs, CAFOs, storm water, pretreatment and biosolids]), and all required compliance monitoring data, DMRs and violation information (including single event violations) for a ll nonmajor facilities. In y ear two of implementation by

permittees  , and in all subsequent y ears, EPA may seek, in addition to new permit
- related information associated with new permits or reissued permits, the data listed above plus all required information regarding all program reports and enforcement actions for nonmajors. This scenario would allow the quantification and characterization of a complete universe of permitted facilities and would establish national consistency in data availability . Howev er, this scenario may

impose a significant first
- ye ar cost to NPDES
- approved states to establish such a complete national inventory of the NPDES
- permitted universe. 

### B. **Phase -**  **in by Program Priority** In the first two years of implementation by permittees  , EPA could require the data entry or data availability

of the required information for all major facilities, all approved local pretreatment programs, all CSO and SSO events, all MS4s, and all CAFOs. In the third ye ar of implementation by

permittees  , in addit ion to this information, information for other traditional NPDES nonmajor facilities and all industrial storm water and construction storm water information would be required. This scenario would provide, within the first two years of

 A fter states have had two years to revise their programs, in accordance w ith 40 CFR 123.63(e).Page 2

implementation by

per mittees  , a complete national inventory for many of the NPDES subprograms (except for industrial storm water and construction storm water), but there may be a significant earl y - ye ar implementation cost. This scenario would also necessitate some significant management and staff costs to track and ensure that these national milestones are met for each subprogram. Unfortunately , this would also mean that several ye ars would pass after the effective date of the rule before EPA, other regulatory authorities, an d the public would have site
- specific electronic information identifying wet weather point sources as significant contributors to water quality impairment, locall y or nationally. 

### C. **Phase -**  **in by Facility Type** In another scenario, EPA could require that NPDES
- approved states provide all required NPDES information for all major facilities in the first y ear of implementation by permittees  . In the second ye ar of implementation by permittees  , EPA would require that the NPDES
- approved states provide, in addition to the required information for all major facilities, the required information for all nonmajor facilities except for industrials storm water and construction storm water permittees. In the third y ear of implementation by permittees  , the information for i ndustrial storm water and construction storm water would be required in addition to the information for the second y ear. After the facility

and permit data has been entered or otherwise made available to EPA for a particular facility , inspection data, vio lation data, enforcement action data and compliance schedule data would be required when they occur or are issued. Similarl y, after the permit and facility data has been entered or otherwise made available to EPA for a particular facility , information from DMRs and program reports should be entered as they occur. Although this means that site
- specific information may be available for certain t ypes of facilities will be available sooner than for others, a complete national inventory of NPDES facilities woul d likely not be available for some time, thus further delay ing the availability of information for EPA and the public, and increasing the likelihood that more information requests would have to be routed to the states during that period. In addition, ther e would be significant management and staff costs to EPA and states associated with determining when particular electronic tools were implemented for particular facility t ypes and also tracking and ensuring that national milestones are met. 

### D. **Phase -**  **in by individual states**  Although EPA has considered the phasing options discussed above, sequencing could also be dependent of the state development or utilization of electronic reporting tools. States may elect to phase
- in certain electronic reporting tools sooner than later, al lowing for internal sequencing within individual states. However, this also means that a complete national inventory of NPDES facilities or any subsets of nonmajor facilities would likely not be available for some time, thus further delay ing the availabili ty of information for EPA and the public, and increasing

 A fter states have had two years to revise their programs, in accordance w ith 40 CFR 123.63(e).Page 3

the likelihood that more information requests would have to be routed to the states during that period. In addition, there would be significant management and staff costs to EPA and states associated with determining when particular electronic tools were implemented and also tracking and ensuring that national milestones are met.