1 United States Environmental Protection Agency Office of Enforcement and Compliance Assurance July 2013



# Proposed NPDES Electronic Reporting Rule

On July 30, 2013, the proposed National Pollutant D ischarge Elimination System (NPDES) Electronic Reporting Rule was published in the Fede ral Register. EPA is requesting comment on the proposed rule and solicits comments and data to inf orm the final rule. This rule proposes to replace several paper-based Clean Water Act (CWA) N PDES permitting and compliance monitoring reporting requirements with electronic reporting.

Purpose of the Proposed Rule

This proposed rule is designed to save authorized s tate, tribe, or territorial NPDES programs considerable resources, make reporting easier for N PDES-regulated entities, streamline permit renewals, ensure full exchange of NPDES general per mit data between states and EPA to the public, improve better environmental decision-makin g, and to protect human health and the

environment.

This proposed rule would require that NPDES regulat ed entities electronically submit the following permit and compliance monitoring information instea d of using paper reports:

• Discharge Monitoring Reports (DMRs);

• Notices of Intent to discharge in compliance with a general permit; and

• Program reports.

Authorized NPDES programs will also electronically submit NPDES program data to EPA to ensure that there is consistent and complete reporting nat ionwide, and to expedite the collection and processing of the data, thereby making it more accu rate and timely. Importantly, while the proposed rule changes the method by which informati on is provided (i.e., electronic rather than paper-based), it does not increase the amount of in formation required from NPDES regulated entities facilities under existing regulations.

Overview of Benefits

EPA anticipates that the proposed rule will save si gnificant resources for states, tribes, and territories as well as EPA and NPDES permittees, wh ile resulting in a more complete, accurate, and nationally-consistent set of data about the NPDES p rogram. With full implementation, the anticipated savings are:

• Authorized State NPDES programs: $28.7 million annu ally,

• NPDES regulated entities: $1.2 million annually, an d

• EPA: $0.5 million annually.2

EPA would also incur incremental costs with full im plementation of approximately $0.82 million

per year.

As an example demonstrating the benefits of electro nic reporting, the State of Ohio’s electronic reporting program for Discharge Monitoring Reports has resulted in a 99.9 percent adoption rate, has increased data quality and improved environment al protection, while also saving significant time and resources (e.g., Ohio was able to shift re sources from five full-time staff to less than one to support the DMR program).

To promote transparency and accountability, EPA int ends to make this more complete set of data available to the public, providing communities and citizens with information on facility and government performance that is not currently availa ble. This can serve to elevate the importance of permitting and compliance information and enviro nmental performance within regulated entities, providing opportunity for them to quickly address any potential environmental problems. The benefits of this proposed rulemaking should all ow NPDES-authorized programs in states, tribes, and territories to shift precious resources from data management activities to those more targeted to solving water quality issues.

The proposed rule will also lighten the reporting b urden currently placed on the states. Upon successful implementation, the proposed rule would provide states with regulatory relief from reporting associated with the Quarterly Non-Complia nce Report (QNCR), the Annual NonCompliance Report (ANCR), the Semi-Annual Statistic al Summary Report, and the biosolids information required to be submitted to EPA annuall y by states.

Proposed Implementation

EPA will phase in the requirements of the rule over a two year period following the effective date
of the final rule.

Phase 1 – One year after effective date of final ru le

In Phase 1 EPA would electronically receive the bas ic facility and permit information from the authorized states, tribes, and territories and info rmation from facilities covered by Federal general permits [e.g., notices of intent to discharge (NOIs ), notices of terminations (NOTs), no exposure certifications (NECs), and low erosivity waivers (L EWs)]. EPA would also begin to electronically receive information from states, tribes, and territ ories regarding inspections, violation determinations, and enforcement actions. Finally, E PA, states, tribes, and territories would electronically receive Discharge Monitoring Report (DMR) information from NPDES permittees – the largest volume of data for the NPDES program.3

Phase 2—Two years after effective date of final rul e

In addition to Phase 1 data, EPA, states, tribes, a nd territories would receive information from state, tribal, and territorial general permit cover ed facilities and program reports from all faciliti es (i.e., all NPDES program data identified in Appendi x A to the proposed rule) during Phase 2. Program reports are currently required by existing EPA regulations and include annual and episodic compliance reports from regulated entities to their permitting authority.

These program reports include: Pretreatment Program Annual Reports, Industrial Users in Cities Without Approved Pretreatment Programs Periodic Com pliance Monitoring Reports, Biosolids Program Annual Reports, CAFO Annual Reports, Munici pal Separate Storm Sewer Systems (MS4) Reports, and Sewer Overflow or Bypass Event Reports [Combined Sewer Overflows (CSOs), Sanitary Sewer Overflows (SSO), and Bypass Event Re ports].

Further Information

For additional information, please contact John Dom browski, Director, Enforcement Targeting and Data Division, Office of Compliance (mail code 2222 A), Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC, 20460; te lephone number: (202) 566-0742; e-mail
address: dombrowski.john@epa.gov

.

Useful Proposed Rule Links: Federal Register Link https://www.federalregister.gov/articles/2013/07/30 /2013-17551/npdes-electronic-reportingrule

EPA Website Link http://www2.epa.gov/compliance/proposed-npdes-elect ronic-reporting-rule

Press Release Link http://yosemite.epa.gov/opa/admpress.nsf/0/A38B17B5 643E001D85257BB9005882DA

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