Final NPDES Electronic Reporting Rule




United States

Environmental Protection Agency

Office of Enforcement and
Compliance Assurance

September 2015

Final NPDES Electronic Reporting Rule

On 24 September 2015, Administrator Gina McCarthy signed the final National Pollutant Discharge
Elimination System (NPDES) Electronic Reporting Rule for publication in the Federal Register. The
publication of this rule is the latest step in an extensive multi-year outreach effort with EPA's state,
tribal and territorial partners. This rule will replace most paper-based Clean Water Act (CWA)
NPDES permitting and compliance monitoring reporting requirements with electronic reporting.

Purpose of the Final Rule

This final rule is designed to save authorized state, tribe, or territorial NPDES programs
considerable resources, make reporting easier for NPDES-regulated entities, streamline permit
renewals, ensure full exchange of basic NPDES permit data between states and EPA, improve
environmental decision-making, and better protect human health and the environment.

This final rule requires that NPDES regulated entities electronically submit the following permit
and compliance monitoring information instead 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 nationwide, and to expedite the collection and
processing of the data, thereby making it more accurate and timely. Importantly, while the rule
changes the method by which information is provided (i.e., electronic rather than paper-based), it
does not increase the amount of information required from NPDES regulated entities facilities
under existing regulations.

Overview of Benefits

EPA anticipates that the final rule will save significant resources for states, tribes, and territories as
well as EPA and NPDES permittees, while resulting in a more complete, accurate, and nationally-
consistent set of data about the NPDES program. With full implementation (5 years after the
effective date), the anticipated savings are:

•	Authorized State NPDES programs: $22.6 million annually,

•	NPDES regulated entities: $0.5 million annually, and

•	EPA: $1.2 million annually.

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As an example demonstrating the benefits of electronic reporting is the State of Ohio's electronic
reporting program for Discharge Monitoring Reports, which has a 99.9 percent adoption rate. This
program has increased data quality and improved environmental protection, while also saving
significant time and resources (e.g., Ohio was able to shift resources from five full-time staff to less
than one to support the DMR program). The benefits of this final rule should allow 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.

Separate from this rulemaking, to promote transparency and accountability, EPA intends to make
this more complete set of data available to the public, providing communities and citizens with
information on facility and government performance. This can serve to elevate the importance of
permitting and compliance information and environmental performance within regulated entities,
providing opportunities for them to quickly address any potential environmental problems.

The final rule will also lighten the reporting burden currently placed on the states. Upon successful
implementation, the final rule would provide states with regulatory relief from reporting
associated with the Quarterly Non-Compliance Report, the Annual Non-Compliance Report, the
Semi-Annual Statistical Summary Report, and the biosolids information required to be submitted
to EPA annually by states.

Implementation

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

Phase 1 - One year after effective date of final rule

In Phase 1, EPA will begin to electronically receive information from authorized states, tribes, and
territories regarding inspections, violation determinations, and enforcement actions. EPA, states,
tribes, and territories will electronically receive Discharge Monitoring Report (DMR) information
from NPDES permittees - the largest volume of data for the NPDES program. Also included in
Phase 1 are the Sewage Sludge/Biosolids Annual Program Reports for the 42 states where EPA
implements the Federal Biosolids Program.

Additionally, one year after the effective date of the final rule, authorized NPDES programs will
submit an implementation plan for meeting the Phase 2 data requirements for EPA to review.

Phase 2—Five years after effective date of final rule

For Phase 2, EPA and authorized state NPDES programs have five years to begin electronically
collecting, managing, and sharing the remaining set of NPDES program information. This
information includes: general permit reports (e.g. Notice of Intent to be covered (NOI); Notice of
Termination (NOT); No Exposure Certification (NOE); Low Erosivity Waiver and Other Waivers from
Stormwater Controls (LEW)); Sewage Sludge/Biosolids Annual Program Report (where the state is

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the authorized NPDES biosolids program); and all other remaining NPDES program reports. These
program reports include:

•	Sewage Sludge/Biosolids Annual Program Reports [40 CFR 503] (for the 8 states that
implement the Federal Biosolids Program)

•	Concentrated Animal Feeding Operation (CAFO) Annual Program Reports [40 CFR
122.42(e)(4)]

•	Municipal Separate Storm Sewer System (MS4) Program Reports [40 CFR 122.34(g)(3) and
122.42(c)]

•	Pretreatment Program Reports [40 CFR 403.12(i)]

•	Significant Industrial User Compliance Reports in Municipalities Without Approved
Pretreatment Programs [40 CFR 403.12(e) and (h)]

•	Sewer Overflow/Bypass Event Reports [40 CFR 122.41(l)(4), (l)(6) and (7), (m)(3)]

•	CWA Section 316(b) Annual Reports [40 CFR 125 Subpart J]

How the final rule addresses comments

In response to concerns about implementation raised during the comment periods, the final rule
provides authorized NPDES programs more flexibility to implement the final rule by providing
them up to three additional years to electronically collect, manage, and share their data.
Authorized NDPES Programs will also have more flexibility in how they can grant electronic
reporting waivers.

Further Information

For additional information, please contact Messrs. John Dombrowski, Director, Enforcement
Targeting and Data Division (202-566-0742) or Carey A. Johnston (202-566-1014), Office of
Compliance (mail code 2222k), Environmental Protection Agency, 1200 Pennsylvania Avenue,
N.W., Washington, DC, 20460; e-mail addresses: dombrowkski.john@epa.gov or
johnston.carey@epa.gov.

Useful Final Rule Link:

Email sign up for outreach events

https://public.govdelivery.com/accounts/USAEPAOECA/subscriber/new?

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