# 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 21 st 

## 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. 2 2 September 2015

# NPDES-Regulated Facilities

. 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

3 2 September 2015

# EPA Region 9 Annual Pretreatment Reports EPA Region 7 Annual Biosolids Reports 4 2 September 2015

# 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. 5 2 September 2015

# 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 6 2 September 2015

# 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. 7 2 September 2015Inspections 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.

8 2 September 20159 

# 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 state issued 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

10

2 September 2015 

## 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 11 2 September 201512



# 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 20152 September 2015 13 

##  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) 

# NetDMR2 September 2015 14



# 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 ICIS NPDES

– 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 Storage2 September 2015 15



# 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. 16 2 September 2015 

### • 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 17 2 September 2015

# 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). 2 September 2015 18