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EPA’s proposed rule to require electronic reporting under the National Pollutant Discharge Elimination System (NPDES) permit program was published in the Federal Register on July 30.  The rule, if finalized, would apply to all NPDES permit holders. Under the proposal, clean water agencies would be required to electronically submit discharge monitoring reports (DMRs), pretreatment and biosolids reports, combined and sanitary sewer overflow event reports, and stormwater discharge information where applicable, to EPA or to their authorized NPDES state. NACWA and EPA, along with the Water Environment Federation (WEF) and the National Rural Water Association (NRWA), will convene a webinar on the rule for the clean water community on September 4 from 2:00pm - 4:00pm (see details below).

NACWA plans to submit comments on the proposed rule by the October 28 deadline and would like input from the membership on the rule’s potential impacts and any concerns regarding electronic reporting. This Advocacy Alert provides additional information on EPA’s proposal and asks members to provide input and any comments to Brenna Mannion at 202/533-1839 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it by September 20th.

Background Information

According to EPA, the ultimate goals of its proposed rule are to save authorized state, tribe, and territorial NPDES programs considerable resources, make reporting simpler for NPDES‐regulated entities, streamline permit renewals, allow for full exchange of NPDES general permit data between states and EPA and to the public, improve decision‐making, and ultimately protect human health and the environment.  The rule is part of a broader Agency effort to revitalize the NPDES program initiated by then EPA Administrator Lisa Jackson in 2009.

The e-reporting rule has been under consideration in its current form since 2010, but EPA has been working for more than a decade to increase the amount of information it has on NPDES dischargers and to make that information available publicly.  Given issues NACWA has identified with other EPA information systems, including the Agency’s Enforcement and Compliance History Online (ECHO) database, NACWA has been tracking EPA’s efforts in this area closely.  NACWA submitted comments in September 2010 that were generally supportive of EPA’s preliminary direction on the rule, but outlined a number of concerns and highlighted that data quality should remain a top priority. After a lengthy review by the White House Office of Management and Budget (OMB), Bob Perciasepe, then acting administrator of EPA, signed the proposed rule on July 15.

Requirements of the Proposed e-Reporting Rule

Electronic submission would be required for all the following types of NPDES reporting:

• Self-monitoring information such as Discharge Monitoring Reports (DMR)
• General Permit Reports
• Sewer Overflow and Bypass Event Reports
• Pretreatment Reports
• Annual Reports from biosolids generators and handlers
• MS4 Permitee Reports (annual or as permit specified)

All of this information is already required under existing regulation, but EPA’s proposal would add greater specificity to the type and format of the information to ensure a consistent national dataset. The Agency proposal would also require states to submit much of the NPDES-related information they provide through electronic means. EPA is not considering electronic submission of Long Term Control Plans (LTCP).

EPA, including its enforcement office which has had the lead role in developing the rule - an important factor that the municipal community must take into account when providing its input to the Agency - highlights that the increase in electronic reporting would make all information easily accessible and publicly available (with limited exceptions for some sensitive data like confidential business information) but stresses that the rule does not increase the amount of information required from NPDES-permitted facilities under existing regulations.   

E-reporting Requirements Would Be Phased In

EPA proposes that rule implementation occur in two phases. During Phase I, which begins on the promulgation date of the rule, states that can make changes to their NPDES program to enable e-reporting without enacting statutory changes, would be required to do so. Once the changes are made, states will begin issuing new and re-issuing existing permits through renewals or minor permit modification to include terms for e-reporting. Any additional updates to data collection systems or state statutes required to enable e-reporting for the state NPDES program must be completed before the end of Phase I, which is two years after promulgation. All subsequent NPDES permits that EPA or states issue would include a condition requiring electronic reporting.

EPA will require all NPDES-regulated entities to electronically submit data like DMRs and federally issued general permit data one year after the effective date of the final rule. EPA is proposing that the effective date of the rule be 60 days after the promulgation date. If the state has not met certain “State Readiness Criteria” – if they have not implemented the necessary NPDES data collection/program changes noted above – regulated entities will be required to send the data directly to EPA. For those permitees without EPA-issued permits, this would be a significant change in procedure. Phase II begins one year, and ends two years, after the effective date of the final rule and would require that NPDES permitees report all remaining NPDES reporting data, including pretreatment reports, biosolids program annual reports, Municipal Separate Storm Sewer System (MS4) annual reports and Sewer overflow or Bypass Event Reports. The entire set of NPDES electronic submissions will be underway two years after the effective date of the final rule, whether or not a state has established its e-reporting tools.

EPA acknowledges in the proposed rule that if a state has still not met the Readiness Criteria noted above by Phase II, permitees will be required to submit all data directly to EPA. This is a potential scenario for those states that have to make significant statutory changes or implement software upgrades. As such, the direct-reporting period may extend past the phased implementation outlined in the proposed rule. NACWA had recommended phased implementation in its earlier comments, but had requested that initial reporting be voluntary to ensure all systems were functioning properly before mandatory requirements kicked in.

Software and Cost

EPA will likely pursue an open-source approach to allow third-party software vendors to develop the software necessary to collect and transmit the necessary data. This would hopefully remove the burden of procuring or developing their own software for those states without existing e-reporting software, while also increasing consistency. The rule proposal outlines the types of information that will be collected and transmitted based on EPA-specified requirements, and any third party vendor would be EPA certified.  The Agency hopes that this will encourage third-party software companies to develop programs that meet discharger needs and are compliant with requirements, much like the approach used by the Internal Revenue Service for income taxes.  

EPA estimates that, over the first three years of implementation, the cost to all permit holders will total approximately $18.5 million, but that in future years the rule will result in no additional costs – and even some minor savings in reduced burden. Estimated cost savings for permit holders several years into the system's full implementation are $1.2M annually. States stand to save the most from this new rule, with estimated annual savings approaching $30 million.

Webinar Information

Input Needed

NACWA members are asked to provide input on the potential impacts of the proposed e-reporting rule on clean water utility permitees. We would like to comment on whether the proposed requirements are reasonable and necessary and what their impact on current data collection and transmission procedures would be. We would also like input in order to address some of the specific requests for comments made by EPA in the proposed rule, including the following:

1. Success, difficulties or lessons learned, if your state’s NPDES permitting program already utilizes electronic reporting for some or all reports.
2. Would your data management systems potentially need updating to allow for electronic submittal, or would your utility have to purchase new technology to enable electronic reporting?
3. Would access to broadband or high-speed internet service be a concern for your utility?
4. Information on implementation cost implications of the proposed two-year phasing schedule, and possible requirement to submit DMRs etc. directly to EPA during that time.
5. Suggestions on the open platform option of allowing software vendors, approved and certified by EPA, to offer clients federal electronic reporting services.
6. Any comments on the minimum set of NPDES that regulated facilities would electronically submit through this rule are requested. Appendix A to 40 CFR part 127 (page 306-363) lists the data sources, minimum submission frequencies, and data that must be electronically reported for each data group. There is no increase in reportable data required by this rule, other than is required under existing regulations.

Thank you in advance for any input you can provide and please send your responses to Brenna Mannion at This e-mail address is being protected from spambots. You need JavaScript enabled to view it by September 20th.