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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: 17 November 2011

SUBJECT: Other Phase-In Options Considered by EPA for Electronic Reporting of NPDES 

Information to EPA [DCN 0039]

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 year of implementation by permittees1EPA might require data 

entry for all data families for all major facilities, required facility data and permit 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 all nonmajor facilities. In year two of 

implementation by permittees, and in all subsequent years, 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. However, 

this scenario may impose a significant first-year 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 year of 

implementation by permittees, in addition 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 

 

 After states have had two years to revise their programs, in accordance with 40 CFR 123.63(e).
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implementation by permittees, 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 early-year 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 years would pass after the 

effective date of the rule before EPA, other regulatory authorities, and the public would have 

site-specific electronic information identifying wet weather point sources as significant 

contributors to water quality impairment, locally 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 year of implementation by permittees. In 

the second year 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 year of implementation by permittees, the information for 

industrial storm water and construction storm water would be required in addition to the 

information for the second year. 

After the facility and permit data has been entered or otherwise made available to EPA for 

a particular facility, inspection data, violation data, enforcement action data and compliance 

schedule data would be required when they occur or are issued. Similarly, 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 types of facilities will be 

available sooner than for others, a complete national inventory of NPDES facilities would likely

not be available for some time, thus further delaying 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, there would be significant management and staff 

costs to EPA and states associated with determining when particular electronic tools were 

implemented for particular facility types 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, allowing 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 delaying the availability of information for EPA and the public, and increasing 

 

 After states have had two years to revise their programs, in accordance with 40 CFR 123.63(e).
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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.