NPDES e-Reporting Rule
Information and Requirements for NPDES/SPDES e-Reporting
EPA has published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule, which will modernize Clean Water Act reporting for municipalities, industries and other facilities. Administrator Gina McCarthy signed the rule on September 24, 2015 and it was published in the Federal Register on October 22, 2015 (leaving DEC's website). The rule replaces most paper-based NPDES reporting requirements with electronic reporting.
Specifically, the rule requires regulated entities to report information electronically, instead of filing written paper reports. These reports include:
- Discharge Monitoring Reports (DMRs)
- Notices of Intent to discharge in compliance with a general permit
- Other specified program reports.
The rule does not change what information is required. It only changes the method by which information is provided (i.e., electronic rather than paper-based).
The rule also requires states and other regulatory authorities to share data electronically with EPA. The data that these regulatory authorities will share with EPA includes the data they receive from regulated entities, along with the compliance monitoring (e.g., inspection), violation determination, and enforcement action data they generate themselves.
Benefits of Electronic Reporting
The final NPDES Electronic Reporting Rule moves EPA and states into the 21st Century by taking advantage of advances in information technology, expands EPA efforts to provide meaningful data to the public, and supports the EPA-wide effort to move from paper to electronic reporting. EPA anticipates the rule will save time and resources for permittees, states, tribes, territories, and the U.S. Government while increasing data accuracy, improving compliance, and supporting the goal of providing better protection of the nation's waters. The rule will help provide greater clarity on who is and who is not in compliance and enhances transparency by providing a timelier, complete, more accurate, and nationally-consistent set of data about the NPDES program. It will provide EPA and states the ability to strategically address the most serious water pollution problems while using limited resources efficiently.
Electronic Reporting Tools
Regulated entities and state and federal regulators will use existing, available information technology to submit, share, and manage the required data. EPA is working with states, tribes, territories, and third-party software vendors to develop and have in place all of the necessary electronic reporting tools. Recognizing that many states, tribes, and territories have their own electronic data systems and reporting tools for managing NPDES data, the electronic reporting rule provides flexibility on the specific data systems and reporting tools to be used.
EPA has developed electronic reporting tools for NPDES data and is making them available to states. EPA's tools are web-based and require only a computer, an Internet browser (e.g., Microsoft Internet Explorer), and high-speed access to the Internet (i.e., DSL, fiber optic). These tools communicate securely, requiring passwords and known responses to security questions. They are designed to provide electronic submittals with the same level of legal dependability as paper submittals. States have the option of using EPA's tools directly, installing and hosting their own version of EPA's tools, or developing their own tools. Information on EPA's electronic reporting tools is provided below:
- NetDMR: A nationally-available electronic reporting tool, initially designed by states and later adapted for national use by EPA, which can be used by NPDES-regulated facilities to submit DMRs electronically to EPA through a secure Internet application over the National Environmental Information Exchange Network. Information is available on both the NYSDEC NetDMR webpage and the EPA NetDMR website (leaving DEC's website).
- NPDES Electronic Reporting Tool (NeT): NeT is a tool suite developed by EPA to facilitate electronic submittal of data by the regulated community directly to EPA and its partners. It uses commercial "off-the-shelf" software and can support diverse form and data submission formats.
NYSDEC will be using the EPA's NetDMR tool for all electronic SPDES DMR submittals. DEC is currently creating electronic forms for many of the SPDES General Permit programs, which can be found in the DEC eBusiness Forms Portal.
Electronic Reporting Schedule
EPA is phasing in the requirements of the rule over a five year period. The two phases of the rule, and their key milestones, are:
- Phase 1 - Starting on December 21, 2016, regulated entities that currently submit DMRs will begin submitting these reports electronically, instead of on paper. At the same time, regulated entities that submit Biosolids/Sewage Sludge Annual Program Reports to EPA (but not to state governments) will begin submitting these reports electronically. Also at the same time, states and other regulatory authorities will begin sharing their compliance monitoring (e.g., inspection), violation determination, and enforcement action data electronically. Additionally, these regulatory authorities will submit an implementation plan for meeting the Phase 2 data requirements for EPA to review.
- Phase 2 - Starting on December 21, 2020, regulated entities that currently submit certain other NPDES reports will begin submitting these reports electronically, instead of on paper. Reports covered in the second phase include Notices of Intent to discharge in compliance with an NPDES general permit, Biosolids/Sewage Sludge Annual Program Reports submitted to state governments, and a number of other NPDES program reports.