NPDES Electronic Reporting Rule

Presentation to Association of General Contractors

2 September 2015 – Arlington, VA
Goals of the Rulemaking

This rule will help EPA and states clean up the nation’s waters, by:

• Bringing the NPDES Program into the 21st Century by shifting 

from paper to electronic reporting. Final rule establishes no 

new reporting requirements for regulated entities.

• Saving money and time for the regulated community and for 

states (reduce data entry time, improve accuracy).

• Improving transparency and freeing resources to focus on the 

most important problems.

• Using technology to obtain more accurate, timely, and 

complete information about the NPDES program.

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NPDES-Regulated Facilities

.

Biosolids Generators, 

16,500

CAFOs (75% may 

need permits), 19,000

Combined Sewer 

Systems, 800

Construction 

Stormwater, 200,000

General Permits -

71,000 (estimate -

includes duplication of 

facilities- e.g. ~4,000 

CAFOs covered by 

GPs)

Industrial Stormwater, 

89,000

Municipal Separate 

Stormwater Sewer 

Systems, 7,300

Non-Majors with 

Individual Permits, 

39,000

Pretreatment 

Programs - Approved, 

1,600

Separate Sewer 

Systems - including 

satellite systems, 

20,000

Note: This graph covers all discharge sources except for significant industrial users not under an 

Approved Pretreatment Program and dischargers operating under general permits for discharges 

from vessels and discharges from pesticide applicators. 

Majors, 6,700

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EPA Region 9 Annual 

Pretreatment Reports EPA Region 7 Annual 

Biosolids Reports

2 September 20154
What Does the Rule Do?

• Replaces much of the currently-required paper-based NPDES reporting with 

electronic reporting, significantly reducing reporting burden.

• Obtains required information directly from the source where data is generated. 

• Reduces data entry errors by instead requiring electronic data submissions. 

• Provides significant cost savings for states, primarily due to streamlining the 

processing of DMR data. 

• Proposes to eliminate several existing state reporting requirements to EPA. 

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More Efficient 

Data Submissions

Existing NPDES Program Reporting 40 CFR

Data from NPDES Permittees

Discharge Monitoring Reports (DMRs) 122.41(l)(4)(i)

General Permit Reports (NOI, NOT, NECs, LEWs) 122

Biosolids Annual Program Reports 503

CAFO Annual Program Reports 122.42(e)(4)

MS4 Program Reports 122.34(g)(3), 122.42(c)

Pretreatment Program Annual Reports 403.12(i)

Industrial User Compliance Reports in Municipalities Without Approved Pretreatment 

Programs – When EPA or State is Control Authority 403.12(e) & (h)

Sewer Overflow Event Reports (CSOs, SSOs, Bypass events) 122.41(l)(6), (7), (m)

CWA 316(b) Annual Reports (Federally Listed Threatened or Endangered Species) 40 CFR 125 Subpart J

Data from States

Require electronic reporting by NPDES-authorized states, territories, tribes, and 

Regions of program implementation information (permits, inspections, violations, and 

enforcement actions)

123.41 & 123.43

Eliminate requirements for the annual state biosolids annual report, semi-annual 

statistical summary report, phase out state burden for ANCR and QNCR submissions, 

and rename and modify terms defining Category I and Category II noncompliance to 

reflect the new data sources

123.45, 501.21

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Industrial and Construction 

Stormwater Information

• EPA has worked extensively with Regional and state NPDES stormwater 

experts to accurately translate the existing reporting requirements in EPA’s 

regulations to specific data elements in Appendix A (appendix to new rule).

• In particular, EPA has careful differentiated data elements between 

construction and industrial stormwater NOIs as well as identifying whether data 

elements only apply to individual NPDES permit applications. 

• EPA is NOT requiring the electronic submission of SWPPPs or other reports 

that are based on state law.

• Again – the purpose of the rulemaking is to convert the submission of certain 

NPDES certifications, notices, and reports from paper to electronic.

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Inspections and findings

DMR information and 

effluent violations 

(frequency varies with 

permit requirements, 

may be monthly)

Data elements, as 

inspections occur

Program reports

Data elements 

generated usually 

annually

NPDES Information Sought under This Rule

Data elements generated 

as situations occur

Basic Facility

Data elements 

generated once 

every 5 years

Data elements 

generated once 

every 5 years

Data elements 

generated once 

every 5 years

Subprogram permit/NOI 

information 

Traditional permit/NOI 

information (including 

permit applications, eNOI, 

effluent limits, and outfalls) 

Violations, enforcement actions

Yellow — for these data elements, 

regulated facilities will be the sole or 

most likely source of the electronic 

data;

Pink — for these data elements, 

states and EPA will be the sole or 

most likely source .

Note: The height of these boxes are intended to 

reflect the relative, but not exact, amount of 

information required for each data grouping.

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9

Proposed Rule Implementation Approach

• Phase 1 Data (one year after the effective date of the final rule):

EPA and states would electronically receive:

– Basic facility and permit information as well as inspections, violation 

determinations, and enforcement actions data from states; 

– DMR information (if required) from facilities; and

– Information (NOIs, etc.) from general permit covered facilities for Federallyissued general permits. 

• Phase 2 Data (two years after the effective date of the final rule):

In addition to Phase 1 data, EPA and states would receive:

– Information (NOIs, etc.) from general permit covered facilities for other stateissued general permits; and 

– All identified program reports from facilities.

• Possible use of CWA 308 authority by EPA as a means to compel NPDES 

regulated entities to start electronically reporting (“fill in the gaps”).

2 September 2015
All Submissions by Commenter Type

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Number of Submissions Number of Pages
Most Frequent Comment Topics

for All Commenters

Comment Topic

Number of Comment 

Excerpts Addressing

This Topic

Schedule deadlines and timing of phases 260

Possible concurrent/double reporting by permittees 161

EPA’s estimates of rulemaking costs 158

Generally supportive of the concept 120

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12

EPA’s Electronic Reporting Tools

• EPA has two tools for electronically collecting permit related 

documents and compliance monitoring information. 

• These tools are available for states to use for their implementation of 

the NPDES Electronic Reporting Rule.

• NetDMR – Used for the collection of Discharge Monitoring Report 

(DMR) forms. 

• NPDES Electronic Reporting Tool (NeT) – Used for the collection of 

all other NPDES forms and information.

2 September 2015
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 National Installation of NetDMR

 In Production Since June 2009

 In production with 15 states, 8 EPA Regions, 

and approximately 9,000 permittees. (May 

2015)

 States Hosted Installations of NetDMR

 Texas Commission on Environmental Quality 

(TCEQ)

 Nevada Division of Environmental Protection 

(NDEP)

NetDMR
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NPDES e-Reporting Tool (NeT)

 Tool for Supporting OECA’s NPDES e-Reporting Rule

 Regulated Community Fills Out PDF Forms Online

– Regulated Community Applies for Coverage Online Using Adobe PDF Smart Forms

– Certifier or Responsible Official Signs and Submits the Form

– EPA Region, State, Tribe, Territory Staff Review Forms Online and Approve or 

Disapprove the Application

– Forms Can be Automatically Approved After Specified Time

– Approved Forms Result in General Permit Covered Facility records with limits in ICISNPDES

– Data Available Publicly through ECHO; “copy of record” can also be retrieved 

 CROMERR Compliant

– Interacts with CDX for Account and Role Management, Digital Signing Ceremony, 

Copy of Record Storage
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NPDES e-Reporting Tool (NeT)

 What is in Pilot and Production

– EPA Region 6 – Offshore and Oil & Gas General Permit (GMG290000)

– Office of Water – Stormwater Multi-Sector General Permit

– Small MS4 General Permit (Florida, South Dakota) - Pilot

 What is Next for 2016

– Office of Water – Stormwater Construction General Permit 

– State General Permits (as funding is available)
Next Generation Compliance

• Next Generation Compliance consists of five 

interconnected components, each designed to 

improve the effectiveness of EPA’s compliance 

program: 

– Design regulations and permits that are easier to 

implement, with a goal of improved compliance and 

environmental outcomes.

– Use and promote advanced emissions/pollutant 

detection technology so that regulated entities, the 

government, and the public can more easily see 

pollutant discharges, environmental conditions, and 

noncompliance.

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• This rulemaking is part of a broader Agency initiative called, “Next Generation 

Compliance.”
Next Generation Compliance (cont.)

• Next Generation Compliance consists of five interconnected components, each 

designed to improve the effectiveness of EPA’s compliance program: 

– Shift toward electronic reporting to help make environmental reporting more accurate, 

complete, and efficient while helping EPA and co-regulators better manage information, improve 

effectiveness and transparency.

– Expand transparency by making information more accessible to the public.

– Develop and use innovative enforcement approaches (e.g., data analytics and targeting) to 

achieve more widespread compliance.

• The Next Generation Compliance Strategic Plan charts EPA’s path forward in 

the coming years:

– http://www2.epa.gov/compliance/next-generation-compliance

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Schedule and Next Steps

• OMB review of the final rule started on 1 July 2015.

• EPA hope to sign the final rule in September 2015.

• EPA is currently working with all states and EPA regions to 

assess readiness with their electronic reporting systems with a 

particular focus on DMRs (Phase 1).

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