
                                       
                                       
                                       
                           EPA NPDES eRule Phase 2 
        Implementation: Roadmap for Deploying Phase 2 NeT Applications
                                       
                                       
                                                                               
                                                                               
                                                                               
                                                                  February 2020
                                                                       DCN 0017
                                        EPA Docket Number EPA-HQ-OECA-2019-0408
                                       Available at: http://www.regulations.gov
                                                                               

1.0	OVERVIEW 
      EPA published the National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule ("NPDES eRule") on 22 October 2015. The 2015 rule required EPA and states to modernize Clean Water Act (CWA) reporting for municipalities, industries and other facilities. That rule replaced most paper-based NPDES reporting requirements with electronic reporting. These reports include: (1) Discharge Monitoring Reports (DMRs); (2) general permit reports (e.g., Notices of Intent to discharge in compliance with a general permit); and (3) other specified program reports. The NPDES eRule included a phased implementation schedule (40 CFR 127.26). Most states and permittees have successfully implemented Phase 1 of the NPDES eRule, which includes electronic submission of DMRs and the Federal Biosolids Annual Report where EPA is the Regulatory Authority. Electronic submission of all other reports and notices are part of Phase 2 implementation. 
      The NPDES eRule also requires states and other regulatory authorities to electronically share specific data with EPA. See 40 CFR 127.23. The data that these regulatory authorities will share with EPA includes permit, compliance monitoring (e.g., inspection), violation determination, and enforcement action data. These electronic data transfers must be "timely, accurate, complete, and consistent." The NPDES eRule requires all authorized NPDES programs to share the "minimum set of NPDES data" with EPA's national NPDES data system (ICIS-NPDES). These data are listed in Appendix A, 40 CFR part 127. The proper sharing of these data between EPA and authorized NPDES programs will help ensure, "that there is consistent and complete reporting nationwide, and expeditious collection and processing of the data, thereby making it more accurate and timely."
      EPA is proposing to extend the deadline for Phase 2 implementation by three years and to provide states with additional flexibility to request additional time up to three years if needed, subject to EPA review and approval. Further, EPA is proposing changes to the NPDES eRule that would clarify existing requirements and eliminate some duplicative or outdated reporting requirements. These changes will help ensure a smoother transition from paper to electronic reporting for the NPDES program. Taken together, these data standardizations and the corresponding electronic reporting requirements are designed to save the NPDES authorized programs considerable resources, make reporting easier for NPDES-regulated entities, streamline permit renewals (as permit writers typically review previous noncompliance events during permit renewal), ensure full exchange of NPDES program data between states and EPA to the public, improve environmental decision-making, and protect human health and the environment.
      This document provides a high-level overview of EPA's efforts to implement Phase 2 of the NPDES eRule. This document focuses on the general permits and program reports that will use EPA's Phase 2 electronic reporting tool ("NPDES Electronic Reporting Tool" or "NeT"). This document provides the current strategy for EPA's Phase 2 implementation and the related roadmap and potential timelines. 

2.0	INVENTORIES OF GENERAL PERMITS AND PROGRAM REPORTS AND INITIAL STATE COLLABORATION
      The NPDES Electronic Reporting Rule allows states to determine what electronic reporting tools and systems work best for them and whether they would like to be the initial recipient of NPDES compliance monitoring data. EPA does not dictate the electronic reporting tools that a state may use. Rather, EPA sets performance requirements for states that wish to build their own electronic reporting tools. States also have the option of using and, if desired, customizing electronic reporting tools developed and maintained by EPA.
      The NPDES eRule requires states to submit a plan on how they will implement Phase 2. These plans are posted on the NPDES eRule website. EPA has relied on this information and regular updates from states to create an inventory of general permits and program reports that will be using EPA's electronic reporting tool called "NPDES Electronic Reporting Tool" or "NeT." 
      The inventory of general permits and program reports that will use NeT is a key element of EPA's Phase 2 implementation. This inventory is made available through publication of the "NPDES eRule Phase 2 Implementation Dashboard." EPA first published this dashboard on ECHO Gov, which is only available to EPA and state staff, in June 2018. This dashboard is the main tool for tracking Phase 2 implementation of the NPDES eRule. 
      The EPA-state General Permits and Program Report Workgroup created the data for this dashboard, starting with data from OWM's Permit Management Online System (PMOS) and the state Phase 2 Implementation Plans [see 40 CFR 127.26(h)]. EPA regularly updates the data behind this dashboard based on collaboration with states. The dashboard provides instructions on how to submit updates and corrections. Among other features, this dashboard allows users to filter on permitting authority (EPA or state), the corresponding electronic reporting tool system (i.e., use of NeT is either "Yes" or "No" for each general permit or program report), and whether EPA has deployed a NeT application ("Yes" or "No").
                                       
      The current estimate is that there are approximately 50,000 filers that will use NeT for 240 general permits. See Attachment 1. This includes 160 EPA-issued general permits and 80 state issued general permits. It is important to note that EPA has already deployed NeT applications for 76 general permits, which cover approximately 27,400 facilities. 
 

      
      Forty-six of the remaining 164 general permits without a NeT application are related to the Pesticide Applicator industrial category. Most of the general permit covered facilities are in the stormwater categories [i.e., Construction, Industrial, Urban (MS4)].
                                       
      The current estimate is that there are approximately 15,000 filers that will use NeT for 153 program reports. See Attachment 2. This includes 104 EPA-issued program permits and 49 state issued program reports. It is important to note that EPA has already deployed NeT applications for 51 program reports, which cover approximately 2,200 filers. 




      Most of the program report filers are POTWs as they are filers of the biosolids annual report, the sewer overflow/bypass event report, and the pretreatment program report. 
                                       
      EPA has already completed its initial information gathering on all the general permits and program reports that will use NeT (see "Initial Coordination Complete" dashboard selector). EPA will continue to coordinate with EPA Regions and states to maintain this inventory general permits and program reports and to clearly identify which reports will use NeT (see "Supporting Statement for Information Collection Request (ICR) for the NPDES Electronic Reporting Rule  -  Phase 2 Extension (Proposal)," DCN 0016, EPA Docket Number EPA-HQ-OECA-2019-0408). 

3.0	NeT DEVELOPMENT APPROACH
      EPA is using a collaborative process to work with states that have elected to use EPA's NPDES electronic reporting tool or "NeT." This approach requires each permitting authority to initially provide basic information on each general permit that will use NeT. More detailed information is required for permits that are identified for development. This will ensure that NeT meets the needs of the permitting authority. EPA's approach for NeT development depends on the following key factors:
          Collaboration with EPA Regions and states;
          Increasing efficiency and quality of NeT application requirements gathering and deployments; 
          Re-use forms and process flows whenever possible; and
          Focusing on general permits and program reports that provide savings and benefits to the EPA Regional and state NPDES programs.
      These key factors are described below.
3.1	Collaboration with EPA Regions and states
      EPA has worked with EPA Regions and states in a collaborative manner since publication of the 2015 NPDES eRule. The EPA-state General Permits and Program Reports Workgroup meets monthly to discuss aspects of Phase 2 implementation. This workgroup helped EPA group general permit into categories, which EPA used for the "NPDES eRule Phase 2 Implementation Dashboard."
      EPA also worked with states over a two-year process to develop Technical Papers. These papers support implementation of the final rule by providing further information for the data elements identified in the final rule (Appendix A to 40 CFR part 127). These papers provide additional guidance for the information submitted during NPDES permit applications [including Notice of Intent to Discharge (NOI) submissions], compliance monitoring data submitted by NPDES-regulated entities, and compliance monitoring data submitted by EPA or states. EPA plans to use these technical papers to develop specific requirements for its NeT development and EPA encourages states that are building their own electronic reporting tools to do likewise. It is important to note that these technical papers do not address state-specific data elements or business rules. EPA may update these technical papers during Phase 2 implementation and will coordinate this development with states.
      The NeT development efforts depend on active and on-going engagement with EPA Regional and state staff to identify all the information collection and business requirements that must be supported by NeT as well as issues that might delay or block NeT development. This engagement with states must identify any requirements for public display of submitted data as well as any state requirements for fee collection. This engagement is critical to ensure a successful NeT application deployment. To help ensure this collaboration, EPA uses a Memorandum of Understanding (MOU) between EPA and the authorized NPDES program. This document outlines the roles and responsibilities for EPA and the authorized NPDES programs. This document will be useful to ensure that both EPA and states understanding the scope of work necessary to implement electronic reporting and the timing of this work. EPA plans to reach out to each state individually to make sure that they understand what they can expect from EPA and what in turn EPA expects from the authorized NPDES program to fully implement Phase 2 of the NPDES eRule. This MOU also covers long-term maintenance of the electronic reporting tools in NeT and change management. The MOU also provides a process for any future changes to NPDES general permit forms or program reports and related processing.
3.2	Increasing efficiency and quality of NeT application requirements gathering and deployments
      EPA standardized its process for "on-boarding" general permits and program reports into NeT. This approach is generally performed across all general permits and program reports in a category (e.g., Industrial Stormwater, Construction Stormwater, Aquaculture). 
      First, there is an initial review of gathered information to identify the EPA Regions and states that will use NeT for their general permits or program reports (see Attachment 3). This includes identifying features that are "Must Have," "Nice to Have," and "Not in Scope." EPA relies on states to help resolve any issues that might delay or block NeT development. This may require states to deploy resources to help resolve these issues (e.g., resolving data sharing issues between a state NPDES data system and ICIS-NPDES). EPA uses a standard checklist to identify and summarize the features considered for NeT development:
       Is there an existing NeT application that covers the same general category or regulated activity?
       Identify basic existing functionality needed to satisfy program requirements:
       List and describe any other functionality needed to satisfy program requirements:
       List and describe any other functionality not listed above needed to satisfy program requirements:
       List and describe any other assumptions, questions or road blocks that need to be resolved prior to development.
      The next step creates "epics" and "user stories" for the general permits and program reports. These user stories are used in the "Agile" software development process. Each user story breaks down a large feature or functionality into small, separable tasks. Epics are combinations of user stories. It is common for EPA staff to engage with permitting staff on a regular basis (e.g., weekly) to further refine and revise these "epics" and "user stories" for NeT development. Example tasks that must be completed are provided in Attachment 4. This standardized process is managed by a single EPA "Product Owner" who is responsible for ensuring that NeT application meet the needs of the authorized NPDES program. The EPA Product Owner will also engage with NeT Customer Support staff as needed to make sure these staff are involved early in the requirements gathering and NeT development process. This will help ensure that training and outreach materials are available when NeT applications are deployed.
3.3	Re-use forms and process flows whenever possible 
      EPA is developing NeT applications across different categories (e.g., Industrial Stormwater, Construction Stormwater, Aquaculture). This approach provides the potential for re-using some or all of forms and process flows previously developed. For example, EPA was able to re-use large sections of the NeT-Aquaculture NOI form across all general permits in the Aquaculture category. This approach allowed EPA to save time and resources in developing and deploying NeT applications. This approach works best when EPA Regions and states within a category can agree on the major sections of the different general permit forms (e.g., NOIs) to allow for potential re-use. This approach still allows for EPA to customize questions on the different forms to meet the individual needs of the EPA Region or state. EPA is also relying on open-source software to help reduce its long-term operating costs.
3.4	Focusing on general permits and program reports that provide savings and benefits to the EPA Regional and state NPDES programs
      In general, EPA has focused on the industrial categories that provide savings and benefits to the authorized NPDES programs. For example, EPA has focused on developing NeT applications with large numbers of general permit covered facilities (e.g., Industrial Stormwater, Construction Stormwater, Oil and Gas Extraction). This approach has helped EPA develop NeT applications cover nearly 55% of the general permit covered facilities that will use NeT. 
      This factor also considers the timing of these electronic submissions. EPA will consider if a general permit generates submissions throughout its term (e.g., on-going NOI submissions, annual program report submissions) when it prioritizes its development resources. This means that a general permit with no program report submissions would have a lower priority for NeT development if most of the general permit covered facilities have already submitted their NOI and the general permit will not be re-issued for several years. 
      

4.0 	NeT APPLICATION ROADMAP
      EPA is proposing to extend the compliance deadline for Phase 2 implementation of the NPDES eRule from December 21, 2020, to December 21, 2023 (see Table 1 to 40 CFR 127.16). EPA received feedback from authorized NPDES programs on how to improve Phase 2 implementation of the NPDES eRule as well as recommended changes to the schedule for Phase 2 implementation to allow both EPA and states sufficient time to develop and implement the information technology solutions necessary for electronic reporting of the Phase 2 data (see DCN 0001 to 0009). The Association of Clean Water Agencies (ACWA) noted that, "the new deadline should take into consideration the resources and time EPA will need to invest in updating ICIS-NPDES, the resources and time EPA will need to invest to complete work on NeT, and the resources and time states will then need to complete their implementation of the rule given the new information."
      EPA is proposing additional time to complete the development of electronic tools that the States may use to comply with the electronic reporting requirements. EPA had intended for these tools to be available as an option for the states to use by December 2020, but EPA has experienced unexpected delays since EPA promulgated the 2015 NPDES Rule. These delays include the modernization of its pre-existing electronic reporting tool for the collect of DMRs (called "NetDMR") and the switch from using a commercially license software platform to an open-source software platform for general permits and program reports (called "NPDES Electronic Report Tool" or "NeT"). The NetDMR changes involved migrating tens of thousands of NetDMR users to the Agency's Central Data Exchange (CDX) system for account management. This simplified NetDMR account management for EPA, states, and NetDMR users. EPA made the switch to open-source software platform for NeT to lower its costs. EPA estimates that it now can make these tools available by December 21, 2023. EPA has gathered basic information on all general permits and program reports that will use NeT. EPA expects to meet the new Phase 2 start date as it has already deployed general permit electronic reporting tools for over 27,000 facilities (approximately 55% of the estimated number of facilities that will use NeT). An extension of the Phase 2 start date will also assist states who have experienced similar challenges in developing the information technology infrastructure to implement electronic reporting tools.
      The following is the current roadmap for deploying Phase 2 NeT applications. This roadmap is dependent on available resources and will change as new information is shared with EPA. The following sections provide details on whether NeT development is on-going.
4.1	Stormwater - Construction
      This sector includes permitted discharges associated with active construction sites. This category has the largest number of general permit covered facilities (GPCFs) at over 20,000. These construction stormwater operators submit NOIs throughout the permit term. EPA prioritized this category for NeT development because of the large number of GPCFs and the frequency of NOI submissions. Transitioning to electronic reporting for this category has results in immediate and meaningful resource savings.
      The EPA Construction General Permit (CGP) is EPA's NPDES permit for this category where EPA is the NPDES permitting authority. EPA has assigned a unique permit identifier (i.e., "NPDES ID") for each state or territory covered by the CGP. The dashboard shows that there are 42 NPDES IDs for the CGP that cover approximately 14,000 GPCFs. The CGP authorizes the discharge of stormwater (and certain authorized non-stormwater discharges) from construction sites that disturb one acre or more of land, and from smaller sites that are part of a larger, common plan of development. This permit requires operators of such construction sites to implement stormwater controls and develop a Stormwater Pollution Prevention Plan (SWPPP) to minimize the amount of sediment and other pollutants associated with construction sites from being discharged in stormwater runoff. EPA deployed a NeT application for the 2017 CGP. EPA is currently working with the following six states to develop a NeT application for the seven state-issued general permits in this sector: Connecticut, Illinois, Maine, Mississippi, Utah, and the U.S. Virgin Islands. These seven state-issued general permits cover approximately 6,300 GPCFs.

4.2	Stormwater - Industrial
      This sector includes permitted discharges associated with industrial stormwater. This category has the second largest number of GPCFs at approximately 11,000. These industrial stormwater operators tend to submit NOIs throughout the permit term; however, most operators renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. EPA prioritized this category for NeT development because of the large number of GPCFs and the frequency of NOI submissions. Transitioning to electronic reporting for this category has results in immediate and meaningful resource savings.
      The EPA Multi-Sector General Permit (MSGP) is EPA's NPDES permit for this category where EPA is the NPDES permitting authority. EPA has assigned a unique permit identifier (i.e., "NPDES ID") for each state or territory covered by the MSGP. The dashboard shows that there are 28 NPDES IDs for the MSGP that cover approximately 2,700 GPCFs. The MSGP authorizes the discharge of industrial stormwater (and certain authorized non-industrial discharges) from industrial sites. Material handling and storage, equipment maintenance and cleaning, and other activities at industrial facilities are often exposed to the weather. Runoff from rainfall or snowmelt that comes in contact with these activities can pick up pollutants, and transport them directly to a nearby river, lake, or coastal water or indirectly via a storm sewer and degrade water quality. EPA deployed a NeT application for the MSGP on 1 April 2018. EPA also deployed a NeT application for the Rhode Island industrial stormwater permit in 2018. EPA is currently working with the following states to develop a NeT application for the eleven state-issued general permits in this sector: Connecticut, Illinois, Maine, Mississippi, Nebraska, South Dakota, Utah, and the U.S. Virgin Islands. These eleven state-issued general permits cover approximately 7,900 GPCFs.

4.3	Aquaculture
      This sector includes permitted discharges from the animal aquaculture category. Animal aquaculture is the culture, or husbandry, of marine or freshwater animals. "Aquatic animals" means all life stages of fish, mollusks, and crustaceans. Aquaculture is undertaken in a variety of ways, including: fish hatcheries, raceways, ponds, or recirculating systems, floating or submersible net pens or cages, and bag, rack, or suspended shellfish culture. This category has a relatively small number of GPCFs at approximately 200. Most aquaculture facilities renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. EPA prioritized this category for NeT development based on recommendations from the EPA-state General Permits and Program Reports workgroup (see Section 5). The workgroup selected this category as it had a mix of eight EPA NPDES permits and two state-issued general permits and that NeT development for this category would "serve as a simple trial and exercise of how to document the business requirements of a permit from scratch."

      EPA deployed a NeT application for two EPA-issued general permits in Idaho in December 2019 and another EPA-issued general permit in Washington (net pens) in January 2020. EPA expects to deploy additional NeT applications in 2020 for:
       EPA-issued general permits in Washington (onshore aquaculture)
       three EPA-issued general permits in Massachusetts, New Hampshire, and Federal facilities in Vermont); 
       one Utah aquaculture general permit; and 
       one Maine aquaculture general permit.
EPA is using this NeT development to test out the capabilities for re-using some or all the NeT forms and process flows across all general permits in this sector. This approach allows for customization for each general permit but with a priority on re-use.
4.4	Oil and Gas Extraction
      This sector includes permitted discharges from the oil and gas extraction industry. This category has the third largest number of GPCFs at approximately 10,500. Most operators renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. EPA prioritized this category for NeT development because of the large number of GPCFs. Transitioning to electronic reporting for this category has results in immediate and meaningful resource savings.
      EPA deployed NeT applications for the two Gulf of Mexico (GOM) oil and gas extraction general permits in this sector (GMG29 and GEG46). The Western GOM oil and gas extraction general permit (GMG29) covers the bulk of facilities in this sector (10,400). The other four general permits in this sector are also issued by EPA. NeT development for three of these four general permits is listed on the dashboard as "Paused" as there is no immediate need for electronic reporting (i.e., there are no facilities seeking coverage under these three general permits). The remaining general permit (CAG28  -  Offshore Southern California) expired in February 2019 and is in the process of being renewed. This general permit covers 23 facilities.
                                       

4.5	Pesticide Application
      This sector includes point source discharges of biological pesticides and chemical pesticides that leave a residue. This category has the fourth largest number of GPCFs at approximately 1,400. These pesticide applicators tend to submit NOIs throughout the permit term; however, some operators renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. EPA prioritized this category for NeT development because of the number of GPCFs and the frequency of NOI submissions.
      The EPA Pesticide General Permit (PGP) is EPA's NPDES permit for this category where EPA is the NPDES permitting authority. EPA has assigned a unique permit identifier (i.e., "NPDES ID") for each state or territory covered by the PGP. The dashboard shows that there are 41 NPDES IDs for the PGP that cover approximately 240 GPCFs. The permit covers mosquito and other flying insect pest control; weed and algae pest control; animal pest control; and forest canopy pest control. The PGP expires on 31 October 2020. EPA is planning to start NeT development for this general permit sometime in the middle of 2020. This will provide for enough time for NeT development activities and the related training and outreach. 
      EPA also plans to work with the following five states to develop a NeT application for the five state-issued general permits in this sector: Connecticut, Illinois, Nebraska, Utah, and the U.S. Virgin Islands. These five state-issued general permits cover approximately 1,100 GPCFs.

                                       
4.6	Stormwater - MS4
      This sector includes discharges of municipal stormwater. Polluted stormwater runoff is commonly transported through municipal separate storm sewer systems (MS4s), and then often discharged, untreated, into local water bodies. To prevent harmful pollutants from being washed or dumped into MS4s, certain operators are required to obtain NPDES permits and develop stormwater management programs. This category includes 18 general permits (nine issued by EPA and nine issued by authorized states) and has the fifth largest number of GPCFs at approximately 1,200. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. This category also includes a program report covered by the NPDES eRule (see Table 1 to Appendix A, 40 CFR part 127). The program report serves as a compliance monitoring tool to assess compliance with permit requirements.
      EPA plans to start NeT development for the 18 general permits in this sector. This includes deploying NeT applications for nine general permits in the following seven states: Connecticut, Illinois, Mississippi, Nebraska, Rhode Island, South Dakota, and Utah (see below). EPA will incorporate the MS4-specific information on the NOI (see Appendix A, 40 CFR par 127). 
                                       
      EPA will also deploy a NeT application for the MS4 Program Reports issued by EPA and states. These program reports cover both individually permitted MS4s and general permit covered MS4s (approximately 2,000 MS4 Program Report filers). EPA's dashboard shows that the following 18 states will use NeT for their MS4 Program Report:
       EPA-issued program reports: District of Columbia, Guam, Massachusetts, New Hampshire, New Mexico, Northern Marianas Islands, and Puerto Rico.

       State-issued program reports: Connecticut, Illinois, Kentucky, Maine, Maryland, Mississippi, Nebraska, Rhode Island, South Dakota, Texas, and Utah.
                                       
      The program report requires filers to document their activities to control urban stormwater and to report any noncompliance. Consequently, the NeT MS4 program report application will need to work with permit application data to identify permit requirements. EPA plans to update its systems to incorporate MS4-specific permit application data for individually permitted MS4s. EPA also plans to deploy new violation codes for this sector to leverage the benefits of electronic reporting. These new violation codes will allow the NeT application to automatically identify violations when a filer self-reports non-compliance with their permit requirements. 
      EPA also plans to update its systems to incorporate the "Deficiencies Identified Through the MS4 Compliance Monitoring" data element, which identifies each deficiency in the MS4's program to control stormwater pollution for each compliance monitoring activity (e.g., inspections, audits) by the regulatory authority.

4.7	Concentrated Animal Feeding Operations (CAFOs)
      This sector includes permitted discharges from Concentrated Animal Feeding Operations (CAFOs). The NPDES program regulates the discharge of pollutants from point sources to waters of the United States. CAFOs are point sources, as defined by the CWA [Section 502(14)]. To be considered a CAFO, a facility must first be defined as an AFO, and meet the criteria established in EPA's CAFO regulation. This sector includes 10 general permits (two issued by EPA and eight issued by authorized states) and covers approximately 130 GPCFs. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. This category also includes a program report covered by the NPDES eRule (see Table 1 to Appendix A, 40 CFR part 127). The program report serves as a compliance monitoring tool to assess compliance with permit requirements.
      EPA plans to start NeT development for the 10 general permits in this sector. This includes deploying NeT applications for eight general permits in the following five states: Illinois, Mississippi, Nebraska, South Dakota, and Utah (see below). EPA will incorporate the CAFO-specific information on the NOI (see Appendix A, 40 CFR part 127).

      EPA will also deploy a NeT application for the CAFO Annual Report issued by EPA and states. These program reports cover both individually permitted CAFOs and general permit covered CAFOs (approximately 1,500 CAFO Annual Report filers). EPA's dashboard shows that the following 10 states will use NeT for their CAFO Annual Report:
       EPA-issued program reports: New Hampshire, New Mexico.

       State-issued program reports: Connecticut, Illinois, Maine, Mississippi, Nebraska, South Dakota, Texas, and Utah.

                                       
      The program report requires filers to document their activities to control discharges and manage their manure, litter, and process wastewater. Consequently, the NeT CAFO program report application will need to work with permit application data to identify permit requirements. EPA plans to update its systems to incorporate CAFO-specific permit application data for individually permitted CAFOs. EPA also plans to deploy new violation codes for this sector to leverage the benefits of electronic reporting. These new violation codes will allow the NeT application to automatically identify violations when a filer self-reports non-compliance with their permit requirements. 
      EPA also plans to update its systems to incorporate the CAFO-inspection related data elements (see Appendix A, 40 CFR 127). These data are generated for each compliance monitoring activity (e.g., inspections, audits) by the regulatory authority and include: 
       Animal Types (Inspection)
       Animal Numbers (Inspection)
       Animal Numbers in Open Confinement (Inspection)
       MLPW Containment and Storage Type (Inspection)
       MLPW Containment and Storage Type Within Design Capacity (Inspection)
       AFO/CAFO Unauthorized Discharges (Inspection)
       Permit Requirements Implementation (Inspection)
These data elements document compliance with permit requirements at the time of the EPA or state inspection. 
4.8 	Domestic Wastewater Treatment Facilities
      This sector includes permitted discharges from treatment works treating domestic sewage. This sector is represented on the dashboard by the "Domestic Wastewater Treatment Facilities" and "Sewer Overflows" categories and includes 12 general permits (seven issued by EPA and five issued by authorized states), which cover approximately 580 GPCFs. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. This category also includes four program reports covered by the NPDES eRule (see Table 1 to Appendix A, 40 CFR part 127):
       Sewage Sludge/Biosolids Annual Program Reports [40 CFR part 503];
       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)]; and
       Sewer Overflow/Bypass Event Reports [40 CFR 122.41(l)(4), (6), (7), and 122.41(m)(3)]
      These program reports serve as a compliance monitoring tools to assess compliance with permit requirements and EPA regulations. 
      EPA plans to start NeT development for the 12 general permits in this sector. This includes deploying NeT applications for five general permits in the following two states: Illinois and South Dakota. 
      
                                       
      
      EPA will also incorporate the following sector-specific information on the NOI (see Appendix A, 40 CFR par 127):
       Sewage Sludge/Biosolids Information
       Publicly owned treatment works (POTW) Information
       Combined Sewer Overflow Information
       Pretreatment Information
This sector-specific information describes the permitted facility and its activities to protect public health and the environment. This information also documents permit requirements. These data are used in conjunction with the four program reports.
      EPA will also deploy a NeT application for the four program reports issued by EPA and states. These program reports cover both individually permitted facilities and general permit covered facilities. These program reports are described in more detail below.

4.8.1	Sewage Sludge/Biosolids Annual Program Reports [40 CFR part 503]
      Currently there are eight states that have authorization to administer the Federal biosolids program (Arizona, Michigan, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wisconsin). EPA administers the Federal biosolids program for the remainder of 42 states and all territories and tribal lands. EPA deployed a NeT application for this program report in the 42 states, territories, and tribal lands as part of Phase 1 implementation of the NPDES eRule (see Table 1, 40 CFR 127.16). Three of these states (South Dakota, Texas, and Utah) have elected to use NeT for this program report. Deploying NeT-Biosolids for these three states is part of NPDES eRule Phase 2 implementation. Facilitating electronic data transfers for the remaining states that will build their own electronic reporting tool (Arizona, Michigan, Ohio, Oklahoma, and Wisconsin) is also part of NPDES eRule Phase 2 implementation.
      EPA reached out to South Dakota, Texas, and Utah to collect basic information on their requirements for this program report. The following is a summary of these requirements.
      Texas received authorization to administer the Federal biosolids program (40 CFR part 503) on 14 September 1998. Texas currently manages the Federal biosolids program report through the DMR form and NetDMR. Texas would like to stop using the DMR form to collect these data and switch to EPA's NeT application as soon as possible. Texas wastewater permits include the following language: "Effective September 1, 2020, the permittee must submit this annual report using the online electronic reporting system." Finally, all facilities that produce or manage sludge in Texas must file this annual report (not just the large facilities as required by EPA regulations). Texas estimates that they receive approximately 2,000 Federal biosolids program reports. This is approximately equal to the number of all Federal biosolids program report filers that current use NeT. Texas identified only minor changes to the current NeT-Biosolids application for their usage. These changes reflect additional state requirements (e.g., requirement monitoring for chromium, PCBs, and TCLP for land application of biosolids). 
      Utah received authorization to administer the Federal biosolids program (40 CFR part 503) on 14 June 1996. Utah estimates that approximately 50 facilities in their state file this program report. Utah would like to use NeT as soon as possible for this program report. Utah identified only minor changes to the current NeT-Biosolids application for their usage. These changes reflect additional state requirements (e.g., optional monitoring for total phosphorus for land application of biosolids).
      South Dakota received authorization to administer the Federal biosolids program (40 CFR part 503) on 22 October 2001. South Dakota estimates that approximately 24 facilities in their state file this program report. South Dakota has Utah would like to use NeT as soon as possible for this program report. South Dakota allows facilities in their state to submit their annual report using the current version of NeT-Biosolids. South Dakota would like to make minor changes to the current NeT-Biosolids application in order to fully meet their needs. These changes reflect additional state requirements (e.g., required monitoring for total phosphorus for land application of biosolids).

4.8.2	Pretreatment Program Reports [40 CFR 403.12(i)]
      Currently there are there are 37 states authorizes to administer the Federal pretreatment program (40 CFR part 403). EPA administers the Federal biosolids program for the remainder of 13 states and all territories and tribal lands. Six states (Maine, Maryland, Rhode Island, South Dakota, Texas, and Utah) have elected to use NeT for this program report. Deploying NeT for these states is part of NPDES eRule Phase 2 implementation. Facilitating electronic data transfers for the remaining states that will build their own electronic reporting tool is also part of NPDES eRule Phase 2 implementation.
      EPA reached out its Regions and the six states to collect basic information on their requirements for this program report. EPA's dashboard shows that approximately 540 facilities in the following 21 states will use NeT for the Pretreatment Program Report:
       EPA-issued program reports: Colorado, Delaware, District of Columbia, Illinois, Indiana, Kansas, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Pennsylvania, Puerto Rico, and Wyoming.

       State-issued program reports: Maine, Maryland, Rhode Island, South Dakota, Texas, and Utah.
                                       
      The program report requires filers to document their activities to industrial wastewater discharges to their facility. Consequently, the NeT Pretreatment Program Report application will need to work with permit application data to identify permit requirements. EPA plans to update its systems to incorporate pretreatment specific permit application data for individually permitted facilities. EPA also plans to deploy new violation codes for this sector to leverage the benefits of electronic reporting. These new violation codes will allow the NeT application to automatically identify violations when a filer self-reports non-compliance with their permit requirements. 

4.8.3	Significant Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs [40 CFR 403.12(e) and (h)]
      Significant Industrial Users and Categorical Industrial Users must submit a report on their compliance status at least semiannually (once every 6 months). For Middle-Tier Categorical Industrial Users, the Control Authority may reduce the requirement to report to no less frequently than once a year, unless required more frequently in the pretreatment standard or by the Approval Authority. A facility determined to be a Non-Significant Categorical Industrial User (NSCIU) must annually submit a certification statement in addition to any other alternative report required by the Control Authority.
      These reports are generally filed in June and December; however, the Control Authority may modify the months in which the reports are to be submitted. In addition, these Industrial Users might need to report more frequently as required in the pretreatment standards, by the Control Authority or by the Approval Authority. All results for self-monitoring performed in accordance with 40 CFR Part 136 test methods must be reported to the Control Authority, even if the SIU/CIU is monitoring more frequently than required. The reporting requirements for Categorical Industrial Users and Significant Industrial Users are listed in 40 CFR 403.12(e) and (h), respectively.
      These semi-annual compliance reports are similar to the Discharge Monitoring Reports (DMRs) used for NPDES permits but with an important difference. The DMR form collects summary data (e.g., the monthly average is reported but not the daily sampling), while the semi-annual compliance reports collect all the measurements taken in the reporting period. These data are used to determine compliance and to identify Significant Industrial Users or Categorical Industrial Users in significant noncompliance (SNC) [see 40 CFR 403.8(f)(2)(viii)].
      Seven states (Connecticut, Maine, Maryland, Mississippi, Nebraska, Texas, and Utah) have elected to use NeT for this program report. Deploying NeT for these three states is part of NPDES eRule Phase 2 implementation. Facilitating electronic data transfers for the remaining states that will build their own electronic reporting tool is also part of NPDES eRule Phase 2 implementation.
      EPA reached out its Regions and the seven states to collect basic information on their requirements for this program report. EPA's dashboard shows that approximately 1,100 facilities in the following 20 states will use NeT for this program report:
       EPA-issued program reports: Colorado, Delaware, Illinois, Indiana, Kansas, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, New York, Pennsylvania, and Wyoming.

       State-issued program reports: Connecticut, Maine, Maryland, Mississippi, Nebraska, Texas, and Utah.
                                       
      The program report requires filers to document their activities to control their industrial wastewater discharges to sewage treatment facilities. Consequently, the NeT program report application will need to work with permit or control mechanism data to identify requirements. EPA plans to update its systems to incorporate permit or control mechanism data for facilities not covered by a general permit. EPA also plans to deploy new violation codes for this sector to leverage the benefits of electronic reporting. These new violation codes will allow the NeT application to automatically identify violations when a filer self-reports non-compliance with their permit or control mechanism requirements. 
      
4.8.4	Sewer Overflow/Bypass Event Reports [40 CFR 122.41(l)(4), (6), (7), and 122.41(m)(3)]
      The NPDES eRule standardized reporting requirements for sewer overflow noncompliance reporting and bypass reporting. In particular, the final rule modified the "Conditions applicable to all permits" section in EPA's NPDES regulations (see 40 CFR 122.41). The requirements provided in §122.41 apply to all types and categories of NPDES permits and must be included in all permits (see §123.25 for applicability to state NPDES permits). Part 122.41 includes requirements for noncompliance reporting, bypasses reporting, and DMRs. These noncompliance reporting requirements also apply to all co-permittees (including satellite sewer systems that are co-permittees).
      EPA and states will implement electronic reporting for noncompliant sewer overflow reporting and bypass reporting. This reporting will be conducted on the "Sewer Overflow/Bypass Event Report" or on the DMR for some wet-weather CSOs that are not compliant with permit requirements. NPDES permittees must electronically submit this noncompliant sewer overflow reporting and bypass reporting.
      Twenty-one states plan on using NeT for this program report as part of Phase 2 implementation of the NPDES eRule. Facilitating electronic data transfers for the remaining states that will build their own electronic reporting tool is also part of NPDES eRule Phase 2 implementation.
      EPA reached out its Regions and the ten states authorized to run the core NPDES program (under 40 CFR part 122) to collect basic information on their requirements for this program report. EPA's dashboard shows that approximately 6,000 facilities in the following 21 states will use NeT for this program report:
       EPA-issued program reports: American Samoa, District of Columbia, Guam, Massachusetts, Navajo Nation, New Hampshire, New Mexico, Northern Mariana Islands, Puerto Rico, Saint Regis Tribe, and Wake Island.

       State-issued program reports: Connecticut, Illinois, Kentucky, Maine, Mississippi, Nebraska, Rhode Island, South Dakota, Texas, Utah, and the U.S. Virgin Islands.

                                       
      The program report documents sewer overflow and bypass event reports. Consequently, the NeT program report application will need to work with permit data to identify facility and sewer collection system information (e.g., combined sewer system outfalls that are permitted features). EPA plans to update its systems to incorporate permit data for facilities not covered by a general permit. EPA also plans to deploy new violation codes for this sector to leverage the benefits of electronic reporting. These new violation codes will allow the NeT application to automatically identify violations when a filer self-reports non-compliance with their permit requirements. 
4.8.5	Inspection Related Information
      EPA also plans to update its systems to incorporate the "Deficiencies Identified Through the Pretreatment Compliance Monitoring" data element, which identifies each deficiency in the MS4's program to control stormwater pollution for each compliance monitoring activity (e.g., inspections, audits) by the regulatory authority.

4.9	Non-Contact Cooling Water
      This sector includes permitted discharges of non-contact cooling water. This sector is represented on the dashboard by the "Non-Contact Cooling Water" and "Electric Generating Facilities" categories and includes 5 general permits [four issued by EPA and one state-issued general permit (Rhode Island)], which cover approximately 92 GPCFs. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. This category also includes the CWA section 316(b) Annual Reports submitted under 40 CFR part 125, subpart J. The NPDES permitting authority can require submission of this program report to document issues related to cooling water intake structures and Federally-listed threatened or endangered species. 
      

      
      EPA will also incorporate the following sector-specific information on the NOI (see Appendix A, 40 CFR par 127), as appropriate:
       Cooling Water Intake Information 
       CWA section 316(a) Thermal Variance Information
This sector-specific information describes the permitted facility and its activities to protect public health and the environment. This information also documents permit requirements. These data are used in conjunction with the program reports.
      EPA plans to start NeT development for the 5 general permits in this sector and the CWA section 316(b) Annual Report. This program report covers both individually permitted facilities and general permit covered facilities and is described in more detail below.
4.9.1	CWA section 316(b) Annual Reports [40 CFR part 125, subpart J]
      The authorized NPDES program may establish in the permit additional control measures, monitoring requirements, and reporting requirements that are designed to minimize incidental take, reduce or remove more than minor detrimental effects to Federally-listed species and designated critical habitat, or avoid jeopardizing Federally-listed species or destroying or adversely modifying designated critical habitat (e.g., prey base). Where established in the permit by the authorized NPDES program, the owner or operator must implement any such requirements. The NPDES eRule included these CWA Section 316 monitoring submissions as part of Phase 2 implementation.
      The electronic submission of these CWA Section 316(b) reports will help permitting authorities collect and process CWA Section 316(b) information more efficiently, and aid in the evaluation of the compliance status of NPDES-permitted facilities. The final rule standardized reporting requirements for the CWA Section 316(b) reports. These reports help to identify how many animals of each species and life cycle are killed and injured each year by this type of facility. 
      Nine states plan on using NeT for this program report as part of Phase 2 implementation of the NPDES eRule. Facilitating electronic data transfers for the remaining states that will build their own electronic reporting tool is also part of NPDES eRule Phase 2 implementation.
      EPA reached out its Regions and the states authorized to run the core NPDES program (under 40 CFR part 122) to collect basic information on their requirements for this program report. EPA's dashboard shows that approximately 40 facilities in the following four states will use NeT for this program report:
       EPA-issued program reports: District of Columbia, Guam, Massachusetts, Navajo Nation, New Hampshire.

       State-issued program reports: Maryland, Nebraska, Rhode Island, and U.S. Virgin Islands.

                                       
      The program report documents compliance with permit reporting requirements. Consequently, the NeT program report application will need to work with permit data. EPA plans to update its systems to incorporate permit data for facilities not covered by a general permit. EPA also plans to deploy new violation codes to leverage the benefits of electronic reporting. These new violation codes will allow the NeT application to automatically identify violations when a filer self-reports non-compliance with their permit requirements. 

4.10	Groundwater Remediation and Dewatering
      This sector includes groundwater remediation and construction dewatering activities that require NPDES permit coverage. This sector is represented on the dashboard by the "Groundwater Remediation," "Construction Dewatering," and "Temporary Discharges" categories and includes 12 general permits (two issued by EPA and 10 state-issued general permits), which cover approximately 2,100 GPCFs. These operators submit NOIs throughout the permit term. 
      

      EPA plans to start NeT development for the 12 general permits in this sector. This work includes developing a NeT application for the 10 state-issued general permits in this sector for the following states: Connecticut, Maryland, Mississippi, Nebraska, Rhode Island, South Dakota, and Utah. These state-issued general permits cover approximately 1,100 GPCFs.
      
4.11 	Seafood Processing
      This sector includes permitted discharges of wastewater from seafood processing facilities. This sector is represented on the dashboard by the "Seafood Processing" "category and includes 4 general permits [three issued by EPA and one state-issued general permit (Maryland)], which cover approximately 140 GPCFs. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. 
                                       
      EPA plans to start NeT development for the four general permits in this sector. This work includes developing a NeT application for the one state-issued general permit in this sector (Maryland). This state-issued general permit cover approximately 21 GPCFs.
      
4.12 	Drinking Water Treatment
      This sector includes permitted discharges of wastewater from drinking water treatment facilities. This sector is represented on the dashboard by the "Drinking Water Treatment" "category and includes 11 general permits (eight issued by EPA and three state-issued general permits), which cover approximately 474 GPCFs. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. 
                                       
      EPA plans to start NeT development for the 11 general permits in this sector. This work includes developing a NeT application for the three state-issued general permits in this sector for the following states: Illinois, South Dakota, and Utah. These state-issued general permits cover approximately 409 GPCFs.

4.13	Hydrostatic Testing
      This sector includes permitted discharges of hydrostatic testing wastewater. This sector is represented on the dashboard by the "Hydrostatic Testing" category and includes five state-issued general permits, which cover approximately 400 GPCFs. EPA does not currently issue any general permits in this sector. These operators submit NOIs throughout the permit term. 
                                       
      
      EPA plans to start NeT development for the five state-issued general permits in this sector for the following four states: Illinois, Maryland, Mississippi, and Nebraska.

4.14	Mining and Quarries
      This sector includes permitted discharges of mining operations. This sector is represented on the dashboard by the "Mining and Quarries" "category and includes four state-issued general permits, which cover approximately 500 GPCFs. EPA does not currently issue any general permits in this sector. These permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit. 
                                       
      EPA plans to start NeT development for the four state-issued general permits in this sector for the following three states: Illinois, Maryland, and Utah.
      
4.15	Miscellaneous Discharges
      This sector includes permitted discharges from a variety of different industrial sectors. This sector is represented on the dashboard by the following dashboard categories:
       Miscellaneous Discharges;
       Minimum Environmental Impact;
       Pools, Spas, and Chlorinated Discharges;
       Logging and Lumber;
       Marinas; and 
       Private Households.
These forms and business requirements for these general permits are similar enough such that EPA can reuse significant portions of NeT application for each general permit. This approach also mirrors the approach taken by Connecticut for their "Comprehensive" general permit (CTGXXXXX). This sector includes eight state-issued general permits, which cover approximately 1,400 GPCFs. EPA does not currently issue any general permits in this sector. Some permittees tend to renew their NPDES permit coverage by submitting their NOIs when EPA or the state re-issues the general permit (Logging and Lumber, Marinas, Private Households) while operators in the other categories submit NOIs through the permit term.

EPA plans to start NeT development for the eight state-issued general permits in this sector for the following six states: Connecticut, Maine, Maryland, Mississippi, South Dakota, and U.S. Virgin Islands.

4.16	Summary of NeT Development
      The following is a summary of the NeT development for the general permits and program reports. The estimates of development time for each sector is based on prior NeT development activities. EPA estimates that this is a conservative estimate given that it will gain efficiencies as it improves its permit and program report on-board process.
      EPA estimates that it will develop fifteen different NeT applications that cover the 240 general permits (approximately 50,000 GPCFs). EPA also estimates that it will develop seven different NeT applications that cover the program reports (approximately 15,000 filers). EPA may combine this reporting with the application for the related general permit. These numbers may change based on new information. The total amount of time need for NeT development is summarized below and provided in more detail in the following sections.
NeT Application Type
                              Total Months Needed
General Permits
                                      60
Program Reports
                                      22
      
      EPA has used more than one development team to implement Phase 2 of the NPDES eRule. More teams used for NeT development will shorten the overall number of calendar months needed to fully implement Phase 2 of the NPDES eRule. For example, the use of two teams will allow EPA to compete Phase 2 implementation by June 2023.
4.16.1	Summary of NeT Development for General Permits
      EPA estimates that it will develop fifteen different NeT applications that cover the 240 general permits (approximately 50,000 GPCFs). The numbers in this table may change based on new information.
                                      No.
                                   Category
                       No. of General Permits Using NeT
                                   Estimated
            Number of General Permit Covered Facilities Using NeT
                   States with State-Issued General Permits
              Estimated Time (Months) for Future NeT Development
                             (as of January 2020)
                                       1
Stormwater - Construction
                                      49
                                    20,304
 Connecticut, Illinois, Maine, Mississippi, Utah, and the U.S. Virgin Islands
                                       5
                                       2
Stormwater - Industrial
                                      40
                                    10,771
Connecticut, Illinois, Maine, Mississippi, Nebraska, Rhode Island, South Dakota, Utah, and the U.S. Virgin Islands
                                       5
                                       3
Aquaculture
                                      10
                                      187
                                Maine and Utah
                                       4
                                       4
Oil and Gas Extraction
                                       6
                                    10,544
                                     None
                                       2
                                       5
Pesticide Application
                                      46
                                     1,354
      Connecticut, Illinois, Nebraska, Utah, and the U.S. Virgin Islands
                                       5
                                       6
Stormwater - MS4
                                      18
                                     1,193
Connecticut, Illinois, Mississippi, Nebraska, Rhode Island, South Dakota, and Utah
                                       5
                                       7
Concentrated Animal Feeding Operations (CAFOs)
                                      10
                                      512
            Illinois, Mississippi, Nebraska, South Dakota, and Utah
                                       5
                                       8
Domestic Wastewater Treatment Facilities
                                      12
                                      582
                           Illinois and South Dakota
                                       6
                                       9
Non-Contact Cooling Water
                                       5
                                      92
                                 Rhode Island
                                       4
                                      10
Groundwater Remediation and Dewatering
                                      12
                                     1,368
Connecticut, Maryland, Mississippi, Nebraska, Rhode Island, South Dakota, and Utah
                                       3
                                      11
Seafood Processing
                                       4
                                      140
                                   Maryland
                                       3
                                      12
Drinking Water Treatment
                                      11
                                      474
                       Illinois, South Dakota, and Utah
                                       3
                                      13
Hydrostatic Testing
                                       5
                                      531
                 Illinois, Maryland, Mississippi, and Nebraska
                                       3
                                      14
Mining and Quarries
                                       4
                                      505
                         Illinois, Maryland, and Utah
                                       3
                                      15
Miscellaneous Discharges
                                       8
                                     1,395
Connecticut, Maine, Maryland, Mississippi, South Dakota, and U.S. Virgin Islands
                                       4
                                       
                                                                         TOTAL:
                                      240
                                    49,952
                                       
60 (total work-months needed; EPA will develop multiple categories at the same time)

4.16.2	Summary of NeT Development for Program Reports
      EPA estimates that it will develop seven different NeT applications that cover the program reports (approximately 15,000 filers). EPA may combine this reporting with the application for the related general permit. This number may change based on new information.
                          Applicable Program Reports 
                               [40 CFR 127.2(f)]
                       No. of Program Reports Using NeT
                                   Estimated
                  Number of Program Report Filers Using NeT
                   States with State-Issued Program Reports
              Estimated Time (Months) for Future NeT Development
                             (as of January 2020)
Biosolids Annual Program Reports  -  Phase 1 (EPA only) & Phase 2 (3 states w/ auth. & NeT)
                                      54
                                     4,297
                         South Dakota, Texas, and Utah
                                       2
CAFO Annual Program Reports  -  Phase 2
                                      10
                                     1,541
Connecticut, Illinois, Maine, Mississippi, Nebraska, South Dakota, Texas, and Utah
                                       4
MS4 Program Reports  -  Phase 2
                                      18
                                     2,048
Connecticut, Illinois, Kentucky, Maine, Maryland, Mississippi, Nebraska, Rhode Island, South Dakota, Texas, and Utah
                                       4
Pretreatment Program Annual Reports  -  Phase 2
                                      21
                                      542
         Maine, Maryland, Rhode Island, South Dakota, Texas, and Utah
                                       4
Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs  -  When EPA or State is Control Authority  -  Phase 2
                                      20
                                     1,113
     Connecticut, Maine, Maryland, Mississippi, Nebraska, Texas, and Utah
                                       3
Sewer Overflow/Bypass Event Reports (CSOs, SSOs, Bypass events)  -  Phase 2
                                      21
                                     5,963
Connecticut, Illinois, Kentucky, Maine, Mississippi, Nebraska, Rhode Island, South Dakota, Texas, Utah, and the U.S. Virgin Islands
                                       3
CWA 316(b) Annual Reports (Federally Listed Threatened or Endangered Species)  -  Phase 2
                                       9
                                      43
           Maryland, Nebraska, Rhode Island, and U.S. Virgin Islands
                                       2
                                                                         TOTAL:
                                      153
                                    15,547
                                       
   22 (total work-months needed; EPA will develop multiple categories at the same time)


5.0	OUTREACH AND COMMUNICATIONS
      EPA relies on on-going and frequent collaboration with authorized NPDES programs. The following provides more information on the various EPA-state workgroups that help with NPDES eRule Phase 2 implementation. These workgroups usually meet on a bi-weekly or monthly schedule.
                           Technical Workgroup Name
                                    Members
                                  Start Month
                                    Status
NPDES eRule Regional WG
EPA HQ and EPA Regional Staff
January 2016
Ongoing
(Monthly Meetings)
NPDES NNCR WG
EPA HQ, EPA Reg. Staff, State Staff
May 2016
Ongoing
(Bi-weekly Meetings)
EPA-state General Permit and Program Report WG
EPA HQ, EPA Regional Staff, State Staff
May 2017
Ongoing
(Monthly Meetings)

EPA will also provide frequent updates using the following workgroups and meetings:

 ICIS user community (monthly calls);
 Exchange Network ICIS-NPDES Electronic Data Transfer (EDT) Integrated Project Team (IPT);
 EPA NPDES Permitting and Enforcement Managers (monthly calls).
 Various sector specific calls (e.g., EPA Regional and state pretreatment monthly calls). 

Please contact Mr. Carey Johnston (johnston.carey@epa.gov) if you would like to participate in any of these workgroups.


Attachment 1  -  General Permits Categories
These groups and categories were based on recommendations from the EPA-state General Permits and Program Reports Workgroup (17 September 2017). EPA used these categories to gather initial information on each of the general permits that will use NeT. The number of general permits and general permit covered facilities that will use NeT may change as more information becomes available. The technical papers referenced in the table are found on the EPA website: https://www.epa.gov/compliance/data-entry-guidance-and-technical-papers. 
                                    Group 
                                   Category
                       No. of General Permits Using NeT
                                   Estimated
            Number of General Permit Covered Facilities Using NeT
                         Applicable Program Reports / 
                                Technical Paper
                                       
                             EPA Permits Using NeT
                            State Permits Using NeT
                                       A
Aquaculture
                                      10
                                      187
 No program reports / One aquaculture Appendix A data element (Tech. Paper 6)
                                       8
                                       2
                                       A
Stormwater - Construction
                                      49
                                    20,304
     No program reports / Construction stormwater NOI data (Tech. Paper 9)
                                      42
                                       7
                                       A
Stormwater - Industrial
                                      40
                                    10,771
      No program reports / Industrial stormwater NOI data (Tech. Paper 9)
                                      28
                                      12
                                       B
Concentrated Animal Feeding Operations (CAFOs)
                                      10
                                      512
              CAFO Annual Program Reports / Technical Paper No. 6
                                       2
                                       8
                                       B
Domestic Wastewater Treatment Facilities
                                      11
                                      547
Biosolids Annual Program Reports (Tech. Paper 5), Pretreatment (Tech. Paper 7), Sewer Overflows (Tech. Paper 2)
                                       7
                                       4
                                       B
Groundwater Remediation
                                       9
                                      522
                                     None
                                       2
                                       7
                                       B
Mining and Quarries
                                       4
                                      505
                                     None
                                       0
                                       4
                                       C
Drinking Water Treatment
                                      11
                                      474
                                     None
                                       8
                                       3
                                       C
Non-Contact Cooling Water
                                       3
                                      33
                                     None
                                       2
                                       1
                                       C
Seafood Processing
                                       4
                                      140
                                     None
                                       3
                                       1
                                       C
Stormwater - MS4
                                      18
                                     1,193
                            MS4 Program Reports / 
                             Technical Paper No. 9
                                       9
                                       9
                                       D
Construction Dewatering
                                       2
                                      710
                                     None
                                       0
                                       2
                                       D
Electric Generating Facilities
                                       2
                                      59
                         CWA 316(b) Annual Reports / 
                             Technical Paper No. 8
                                       2
                                       0
                                       D
Pesticide Application
                                      46
                                     1,354
                                     None
                                      41
                                       5
                                       E
Hydrostatic Testing
                                       5
                                      531
                                     None
                                       0
                                       5
                                       E
Oil and Gas Extraction
                                       6
                                    10,544
                                     None
                                       6
                                       0
                                       E
Pools, Spas, and Chlorinated Discharges
                                       1
                                      560
                                     None
                                       0
                                       1
                                       E
Private Households
                                       1
                                      14
                                     None
                                       0
                                       1
                                       F
Logging and Lumber
                                       1
                                      78
                                     None
                                       0
                                       1
                                       F
Miscellaneous Discharges
                                       3
                                      535
                                     None
                                       0
                                       3
                                       F
Temporary Discharges
                                       1
                                      136
                                     None
                                       0
                                       1
                                       G
Minimum Environmental Impact
                                       1
                                      15
                                     None
                                       0
                                       1
                                       G
Sewer Overflows
                                       1
                                      35
          Sewer Overflow/Bypass Event Reports / Technical Paper No. 2
                                       0
                                       1
                                       G
Marinas
                                       1
                                      193
                                     None
                                       0
                                       1
                                                                         TOTAL:
                                      240
                                    49,952
                                        

Source: NPDES eRule Phase 2 Implementation Dashboard ("NeT Permit Indicator" selector set to "Yes"). 
Attachment 2  -  NPDES eRule Program Reports 
The NPDES eRule requires the electronic submission of the following seven program reports. EPA gathered initial information on each these program reports for each EPA Region and state that will use NeT. The number of program reports and program report filers that will use NeT may change as more information becomes available. More information on these program reports can be found in the NPDES eRule technical papers, which are on the EPA website: https://www.epa.gov/compliance/data-entry-guidance-and-technical-papers. 
                          Applicable Program Reports 
                               [40 CFR 127.2(f)]
                       No. of Program Reports Using NeT
                                   Estimated
                  Number of Program Report Filers Using NeT
                        Related General Permit Category
                        EPA Program Reports Using NeT?
                       State Program Reports Using NeT?
Biosolids Annual Program Reports  -  Phase 1 (EPA only) & Phase 2 (3 states w/ auth. & NeT)
                                  51  -  EPA
                                   3 - State
                                 2,223  -  EPA
                                 2,074 - State
                   Domestic Wastewater Treatment Facilities
                                      Yes
                                      Yes
CAFO Annual Program Reports  -  Phase 2
                                    2- EPA
                                   8 - State
                                  55  -  EPA
                                 1,486 - State
                Concentrated Animal Feeding Operations (CAFOs)
                                      Yes
                                      Yes
MS4 Program Reports  -  Phase 2
                                    7- EPA
                                   11- State
                                  450  -  EPA
                                 1,598 - State
                               Stormwater - MS4
                                      Yes
                                      Yes
Pretreatment Program Annual Reports  -  Phase 2
                                  15  -  EPA
                                   6 - State
                                 394  -  EPA 
                                  148 - State
                   Domestic Wastewater Treatment Facilities
                                      Yes
                                      Yes
Industrial User Compliance Reports in Municipalities Without Approved Pretreatment Programs  -  When EPA or State is Control Authority  -  Phase 2
                                  13  -  EPA
                                   7 - State
                                  499  -  EPA
                                 614  -  State
                                       
                                      Yes
                                      Yes
Sewer Overflow/Bypass Event Reports (CSOs, SSOs, Bypass events)  -  Phase 2
                                  11  -  EPA
                                 10  -  State
                                  292  -  EPA
                               5,671  -  State 
           Domestic Wastewater Treatment Facilities; Sewer Overflows
                                      Yes
                                      Yes
CWA 316(b) Annual Reports (Federally Listed Threatened or Endangered Species)  -  Phase 2
                                   5  -  EPA
                                 4  -  State 
                                  25  -  EPA
                                 18  -  State
                        Electric Generating Facilities
                                      Yes
                                      Yes
                                                                         TOTAL:
                                  104  -  EPA
                                  49 - State
                                 3,938  -  EPA
                               11,609  -  State 
                                       
                                       
                                       

Source: NPDES eRule Phase 2 Implementation Dashboard ("NeT Program Report Indicator" selector set to "Yes").
 Attachment 3  -  Initial Information Gathering
      EPA standardized its process for gathering initial information for general permits and program reports that will use EPA's Phase 2 electronic reporting tool (called "NeT"). This approach is generally performed across all general permits and program reports in a category (e.g., Industrial Stormwater, Construction Stormwater, Aquaculture). 
      
      The lead for this information gathering is the EPA Product Point of Contact (POC). This person works closely with the EPA Regional or state permitting authority to document answers to basic questions about the general permits and program reports. It is common for EPA staff to engage with permitting staff through a one-hour meeting for each general permit or program report. The EPA POC documents the information it collects on its internal development site (i.e., the "NPDES eRule Phase 2 Implementation" Confluence page) and the NPDES eRule Phase 2 Implementation Dashboard.
      
      The following are the standard set of questions that the EPA POC reviews with EPA Regional or state staff for each general permit that will use NeT. 
      
 When does each current general permit expire? What general permits will possibly or likely use NeT? When is the likely date the state will re-issue or modify the general permit and when would the state like to start using NeT?
 What is the estimated number of general permit covered facilities for each master general permit?
 Are there any program-specific data (e.g., CAFO data) for these general permits?
 Are the state-specific data elements (if any) for these general permits?
 Are there any overlaps across the EPA and/or state-issued general permits?
 Are there any special processing requirements (e.g., does a state employee need to take an action to approve an NOI, any special public notification prior to permit issuance)?
 Does the state collect any fees with their general permit submissions?
 Are there any specific considerations for training or outreach (e.g., NOIs may come in a staggered fashion or all at once)?
 Are there any unique roles or permissions related to the permit application and administration of the general permit beyond the standard set (Preparer, Signatory/Operator, Regulatory Authority, Help Desk, Other Government Agency Users)?
   
      The following are the standard set of questions that the EPA POC reviews with EPA Regional or state staff for each program report that will use NeT:
      
       Please provide the EPA Regional or state contacts for the sector (e.g., MS4 sector, CAFO sector). These are the contacts that can help EPA identify requirements for the program report.
       Please provide a rough estimated number of the program report filers. These are all the NPDES-regulated entities that file a program report. 
       If there is a preference, when would the EPA Region or state like to start using NeT for the program report?
       What is your implementation approach for incorporating this electronic reporting requirement into NPDES permits?
       Are there any Region or state-specific data for this report? Specifically, are there any additional data or information that filers must submit that are not already covered by the NPDES eRule (see Appendix A, Tables 1 and 2)? Please see the technical papers (https://www.epa.gov/compliance/data-entry-guidance-and-technical-papers) to see the data that EPA will likely collect in NeT.
       How are these program reports currently processed by the authorized NPDES program (e.g. who reviews them, who gets notified, any public notification requirements)?
       EPA's standard approach for training Regions, states, and permittees on how to use NeT is the "train-the-trainer" approach (i.e., EPA HQ staff train EPA Regional and state staff who then train permittees). What additional training or support (if any) might be requested of EPA HQ?
       The standard set of roles in NeT are Preparer, Signatory/Operator, Regulatory Authority, Help Desk, and Other Government Agency Users. Are there any other needed roles?
      
      Finally, the EPA NPDES eRule Team leader scheduled separate calls with each of the states that have elected to use NeT. These outreach calls followed up on a recommendation from the March 2019 National NPDES eRule webinar. States recommended that EPA separately reach out to each state that plans on using EPA's NeT. These NeT states have a mix of general permit reports and program reports that will be using NeT. EPA scheduled these calls in May to July 2019 and included the following states that will use NeT: Connecticut, Illinois, Kentucky, Maryland, Maine, Mississippi, Nebraska, Rhode Island, South Dakota, Texas, Utah, and the U.S. Virgin Islands. EPA also held calls with the following states that initially elected to use NeT but subsequently chose to build their own electronic reporting tools: North Carolina and Oregon. The following is an example meeting agenda for these meetings:
      
       General overview of EPA's Phase 2 initial coordination and outreach with states including the use of a Memorandum of Understanding (MOU) between EPA and the EPA Region or state.
       Review and Update of the general permits and program reports in the NPDES eRule Phase 2 Implementation Dashboard.
       Feedback on when the EPA Region or state would like to start using NeT for any of their general permits and program reports. 
       Feedback on whether the EPA Region or state had any order preference for their general permits and program reports that will use NeT.
       Identification of the implementation approach each state is using for incorporating this electronic reporting requirement into NPDES permits and state NPDES regulations.
       Identification of any particular state agency responsible for the general permit or program report (e.g., CAFOs).
       Identification on whether the state have a centralized IT department or other state staff that should be included in EPA's outreach and NeT development efforts.
       Identification on whether the state has any needs for their state NPDES data system (if any) to have any interoperability with NeT.
   
      The EPA NPDES eRule Team leader documented this information on EPA's internal development site (i.e., the "NPDES eRule Phase 2 Implementation" Confluence page). This information gathering provides EPA with a clear picture of the general permits and program reports. EPA used this information to develop this implementation plan.
      
      
      
Attachment 4  -  Tasks for Onboarding a General Permit
      EPA has standardized its process for "on-boarding" general permits and program reports into NeT. This approach is generally performed across all general permits and program reports in a category (e.g., Industrial Stormwater, Construction Stormwater, Aquaculture). 
      
      The EPA Product Owner works closely with the EPA Regional or state permitting authority to document the requirements for the NeT application. This includes identifying features that are "Must Have," "Nice to Have," and "Not in Scope." It is common for EPA staff to engage with permitting staff on a regular basis (e.g., weekly) to further refine and revise requirements. Example tasks that must be document by the EPA Product Owner are shown below.
      
 Paper Signature Agreement: The permitting authority must identify how paper signature agreements must be handled when the filer is unable to verify their identity through the electronic process. 
 Paper Forms: The permitting authority must identify how paper forms must be handled when the filer is unable to electronically submit their forms (e.g., facility has waiver from electronic reporting).
 Attestation Statements: The permitting authority provide the attestation statements for use in the NeT application.
 Process for Granting Permit Coverage: The permitting authority must identify how the NeT application must route and process NOI forms. The EPA Product Owner must clearly document how the general permit forms are route to initiate or terminate permit coverage. The permitting authority must identify if there are any manual reviews in these processes or if coverage can be automatically granted. Document these requirements can take time as the NeT application must account for multiple scenarios (e.g., New NOI, Renewal NOI, Change NOI, Notice of Termination). 
 Screening Questions: The permitting authority must identify the questions that properly screen out NeT users not covered under the general permit. 
 Review of Draft Forms (Wireframes): The EPA Product Owner develops draft electronic forms (called `wireframes') based on the requirements provided by the permitting authority. The permitting authority must review these wireframes and provide comments. Review of these wireframes help identify when certain questions are triggered and when certain fields should be uneditable (i.e., locked). 
 Data Migration: The permitting authority must identify the data that must be migrated into NeT to facilitate the start of electronic reporting.
 User Permissions: The permitting authority must identify the permissions that NeT users have based on their role (e.g., Preparer, Signatory, Regulatory Authority, Other Government Agency User, Help Desk).
 Data Integration: The permitting authority must identify the data that must be shared with other systems. For example, basic facility and permit data must be share with EPA's national NPDES data system (ICIS-NPDES) to facilitate DMR submissions through its electronic reporting tool (called "NetDMR").
 Permit Specific Reference Tables: The permitting authority must identify the permit specific reference tables. For example, the aquaculture general permits require NOI filers to identify the fish grown at the facility. The NeT-Aquaculture application uses a picklist (based on the reference table) instead of a free text field. This helps standardize reporting and enables easier analysis.
 Catalog of Correspondence: The permitting authority must identify the triggers and recipients of notifications from NeT. For example, the NeT-Aquaculture application notifies users when an aquaculture facility has changed its permit coverage status.
 Testing: The permitting authority must regularly test the application as it is being developed. This provides early feedback to the EPA developers so that they can more efficiently make changes and corrections to the application. 
 Data Export and Analysis: The permitting authority must identify how they would like to export data from the NeT application and use the NeT application for their programmatic needs (e.g., identify facilities that did not file an NOI within a prescribed time period).
 Public Access: The permitting authority must identify any public access requirements for the forms and attachments as well as for the data provided on the forms. For example, EPA currently provides access to forms submitted under the CGP and MSGP through the E-Enterprise Portal (https://www.e-enterprise.gov/workbench). 
