MEMORANDUM

TO:		Public Record for the NPDES Electronic Reporting Rule
		EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)	

FROM:	Carey A. Johnston, P.E.
            USEPA/OECA/OC
            ph: (202) 566 1014
            johnston.carey@epa.gov

DATE:		1 November 2011

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SUBJECT:	Description of Existing NPDES Program Reporting Requirements and Expectations of the States, Territories, and Tribes [DCN 0006]
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      This memorandum lists documents many of the required NPDES reporting requirements for NPDES regulated entities and authorized state, tribal, or territorial NPDES programs. This memo also summarizes the data sharing expectations for authorized NPDES programs and EPA's ICIS-NPDES database.

NPDES Reporting Requirements

       As indicated in the proposed rule, and subject to public comment, EPA is considering amendments to the current NPDES regulations to require electronic reporting by NPDES-regulated facilities for many of the existing NPDES reporting requirements, to require electronic reporting of NPDES information by the states, tribes, and territories to EPA, and to eliminate some existing reporting requirements, particularly those for states, tribes, and territories. Under this approach, in addition to the creation of a new 40 CFR part 127, the affected regulations would include:
      
   * 40 CFR 122.22. Signatories to permit applications and reports;
   * 40 CFR 122.26(b)(15), (c)(1)(ii), and (g)(1)(iii). Stormwater discharges (applicable to State NPDES programs, see 40 CFR 123.25);
   * 40 CFR 122.28(b)(2). General Permits (applicable to State NPDES programs, see 40 CFR 123.25);
   * 40 CFR 122.34(g)(3). Reporting [as related to small Municipal Separate Storm Sewer Systems (MS4s)];
   * 40 CFR 122.41(l)(4)(i). Monitoring reports [Discharge Monitoring Reports];
   * 40 CFR 122.41(l)(6). Twenty-four hour reporting;
   * 40 CFR 122.41(l)(7). Other noncompliance;
   * 40 CFR 122.41(m)(3). Notice [as related to Bypass];
   * 40 CFR 122.42(c). Municipal separate storm sewer systems [as related to medium or large systems];
   * 40 CFR 122.42(e)(4). Annual reporting requirements for CAFOs;
   * 40 CFR 122.43. Establishing permit conditions (applicable to State NPDES programs, see 40 CFR 123.25);
   * 40 CFR 122.44(i). Monitoring requirements;
   * 40 CFR 122.48(c). Requirements for recording and reporting of monitoring results (applicable to State NPDES programs, see 40 CFR 123.25);
   * 40 CFR 122.63(f). Minor modifications of permits.
   * 40 CFR 122.64(c) Termination of permits (applicable to State NPDES programs, see 40 CFR 123.25);
   * 40 CFR 123.22. Program description.
   * 40 CFR 123.24(b)(3). Memorandum of Agreement with the Regional Administrator;
   * 40 CFR 123.25(a). Requirements for permitting;
   * 40 CFR 123.26. Requirements for compliance evaluation programs;
   * 40 CFR 123.41(a). Sharing of information;
   * 40 CFR 123.43(d). State data-transmission of information from states to EPA;
   * 40 CFR 123.45. Noncompliance and program reporting by the Director;
   * 40 CFR 403.10(f). State Pretreatment Program requirements;
   * 40 CFR 403.12(e). Periodic reports on continued compliance [Pretreatment program reports for Categorical Industrial Users];
   * 40 CFR 403.12(h). Reporting requirements for Industrial Users not subject to categorical Pretreatment Standards [Pretreatment program reports for Significant Industrial Users not subject to EPA categorical pretreatment standards];
   * 40 CFR 403.12(i). Annual POTW reports [Pretreatment program report];
   * 40 CFR 501.21. Program Reporting to EPA (State Sludge Management Program);
   * 40 CFR 503.18. Reporting [Biosolids annual program report for land application];
   * 40 CFR 503.28. Reporting [Biosolids annual program report for surface disposal];
   * 40 CFR 503.48. Reporting [Biosolids annual program report for incineration].

      From FY 2002 through FY 2007, EPA and the states worked to identify the data needed for permitting authorities to successfully implement and manage the NPDES program. Various iterations of critical data elements were discussed by the state and EPA members of the PCS Steering Committee, the PCS Modernization Executive Council, and the Expanded PCS Steering Committee, which added representatives from the Environmental Council of States and the Association of Clean Water Administrators.  Those efforts led to the April 2007 issuance by EPA of a draft ICIS-NPDES Policy Statement that included the list of NPDES data elements that states, tribes, and territories would report to EPA (DCN 0056). This policy statement was finalized in December 2007 (DCN 0008). 
      
      After receipt of numerous comments on the draft ICIS-NPDES Policy Statement from the states, EPA began to develop a Federal regulation that would require electronic reporting of specific NPDES information from the regulated permittees, states, tribes, and territories. In 2010, EPA initiated an effort to carefully review the data needs and uses, identify the types of information and specific data elements that would allow EPA to meet those needs and uses, and evaluate whether the information should be sought directly from NPDES-regulated facilities or from states, tribes, and territories. This was done with full acknowledgement that for certain activities (such as permit issuance, inspections, compliance determinations, and issuance of enforcement actions), the states, tribes, and territories are the unique source of the identified NPDES information.
      
      During summer 2010, EPA conducted a series of concurrent technical analyses of various data types and facility types which examined the feasibility of electronic reporting, the existing regulatory data and reporting requirements, key considerations, and preliminary information regarding costs and benefits. EPA then conducted extensive examinations of the data elements list. The result of these efforts is this proposed rule, as currently drafted and subject to public comment, and the list of minimum set of federal NPDES data (Appendix A to 40 CFR 127). EPA invites comment on the data identified in Appendix A to 40 CFR 127.
