                                       
                                       
                                       
INFORMATION MEMORANDUM
                                       
SUBJECT:	Documenting Electronic Reporting Participation Rates for Authorized NPDES Programs
FROM:	Carey A. Johnston, NPDES Electronic Reporting Team Lead
		US EPA/OECA/Office of Compliance

TO:		Randolph L. Hill, Director
		Enforcement Targeting and Data Division
		US EPA/OECA/Office of Compliance

DATE: 	10 August 2020

Overview
The NPDES Electronic Reporting Rule ("NPDES eRule") requires EPA to calculate electronic reporting participation rates for each authorized NPDES program six months after the deadline for conversion from paper to electronic submissions and annually thereafter [see 40 CFR 127.26(j)]. The first electronic reporting deadline for the NPDES eRule was 21 December 2016 and it included NPDES Data Groups No. 3 (Discharge Monitoring Reports or "DMRs") and No. 4 [Sewage Sludge/Biosolids Annual Program Reports, where EPA implements the biosolids program (40 CFR Part 503)]. See Table 1 to 40 CFR 127.16.
This memorandum documents the fourth assessment of these electronic reporting participation rates since publication of the 2015 NPDES eRule. EPA used data in its national NPDES data system (ICIS-NPDES) as of Friday, June 26, 2020 to calculate electronic reporting participation rates for NPDES Data Groups No. 3. Separately, EPA identified facilities that electronically signed and submitted their biosolids annual through EPA's NPDES Electronic Reporting Tool ("NeT-Biosolids") prior to 1 August 2020. EPA also used data from its Biosolids Center of Excellence (Region 7 in Kansas City, KS) to count facilities that submitted their biosolids annual reports on paper. EPA used these data to the calculate electronic reporting participation rate for NPDES Data Group No. 4.
EPA will continue to work collaboratively with authorized NPDES programs to enhance implementation of the NPDES eRule. Authorized NPDES programs can request assistance from EPA by sending an email to: icis@epa.gov.

                                       

                                       
                                       
                  2020 NPDES Electronic Reporting Assessment
                               40 CFR 127.26(j)


Discharge Monitoring Reports (NPDES Data Group No. 3)

EPA's NPDES regulations require NPDES permittees to report their effluent monitoring data on Discharge Monitoring Reports (DMRs). See 40 CFR 122.41(l)(4)(i). The start date for permittees to electronically submit these DMRs was 21 December 2016 (see Table 1 to 40 CFR 127.16).

EPA created the "NPDES eRule Readiness and Data Completeness Dashboard" to collaborate with authorized NPDES programs and to calculate the annual electronic reporting participation assessments for NPDES Data Groups No. 3 (DMRs). This online tool shows how well authorized NPDES programs are doing in sharing facility, permit, and DMR data for DMR filers with ICIS-NPDES. To ensure that this dashboard accurately represents the progress states are making in implementing the NPDES eRule, EPA performs weekly updates of the dashboard with data from ICIS-NPDES and stores monthly snapshots of the data to show trends. For the 2020 assessment for DMR filers, EPA calculated the percentage of individually permitted facilities that do not have permit limits data in ICIS-NPDES (shown as "Permit Limits Not in ICIS" on the dashboard) using the dashboard's July 2020 monthly snapshot (which represents the data in ICIS-NPDES as of Friday, 26 June 2020). See Attachment 1. The dashboard has a drilldown feature that allows EPA and States to identify those facilities in the "Permit Limits Not in ICIS" category. EPA is helping the authorized NPDES programs so that they can provide us the minimum set of data as required by the NPDES eRule (see 40 CFR 127.23).
      
For the 2021 assessment and annually thereafter, EPA plans to expand the assessment to include all relevant data elements for tracking implementation for all DMR filers, except those that file DMRs irregularly and/or have an approved electronic reporting waiver. In particular, EPA will limit these calculations to facilities that report DMRs to the permitting authority on a regular frequency (i.e., "NPDES Data Group Number" = G3A) and exclude facilities that have an approved electronic reporting waiver (i.e., "Electronic Reporting Waiver Type" = TMP or PER). EPA will also identify if a DMR filer electronically submitted their DMRs by using the "Electronic Submission Type (Compliance Monitoring Activity)" data element (ES1, ES2, or ES7). EPA has a draft version of this new analysis and has made it available to states for their review and comment.

Sewage Sludge/Biosolids Annual Program Reports (NPDES Data Group No. 4)

EPA's biosolids regulations (40 CFR part 503) require certain generators of biosolids to file a Sewage Sludge/Biosolids Annual Program Report (NPDES Data Group No. 4). This annual report is submitted each February and documents the measures taken to protect public health and the environment from any reasonably anticipated adverse effects of certain pollutants and pathogens that might be present in sewage sludge/biosolids. The start date for regulated entities to electronically submit this report where EPA is the authorized NPDES program was 21 December 2016 (see Table 1 to 40 CFR 127.16).
      
EPA calculated the electronic reporting participation rates by EPA Region for NPDES-regulated entities that electronically submitted the annual report. This calculation was based on those NPDES-regulated entities that electronically submitted their annual report through EPA's NPDES Electronic Reporting Tool ("NeT") and those NPDES-regulated entities that submitted their annual report on paper or through non-standard electronic submissions (e.g., via email). EPA used data from its Biosolids Center of Excellence to count these non-compliant submissions. For the 2019 Sewage Sludge/Biosolids Annual Program Report, which had a due date of 19 February 2020, EPA received 2,260 annual reports electronically through NeT where EPA is the authorized NPDES program. EPA also received 14 paper biosolids annual reports that should have been filed electronically through NeT-Biosolids. This equates to an overall electronic participation rate of 99.4%. See Attachment 2. 
      
With respect to the 14 reports submitted to EPA on paper or by non-standard electronic submissions, EPA plans to work with its Biosolids Center of Excellence to contact these filers to ensure they are aware of the electronic reporting requirement. In particular, EPA will offer additional training to these facilities so that they can submit their annual report using EPA's NeT application.


Attachments (2)


                                       
          Attachment 1  -  2020 NPDES Electronic Reporting Assessment
                     (DMR Filers - NPDES Data Group No. 3)
                                      No.
                          State, Tribe, or Territory
                Authorized for NPDES Program 
(40 CFR part 122)
                                  EPA Region
                 Number of Individual DMR Filers in ICIS-NPDES
Percentage of Individually Permitted DMR Filers That Do Not Have Limits Data in ICIS-NPDES
                                       1
                                    Alabama
                                     State
                                       4
                                     1,225
                                     0.0%
                                       2
                                    Alaska
                                     State
                                      10
                                      60
                                     0.0%
                                       3
                                    Arizona
                                     State
                                       9
                                      106
                                     0.0%
                                       4
                                   Arkansas
                                     State
                                       6
                                      780
                                     0.0%
                                       5
                                  California
                                     State
                                       9
                                      399
                                     1.5%
                                       6
                                   Colorado
                                     State
                                       8
                                      383
                                     0.0%
                                       7
                                  Connecticut
                                     State
                                       1
                                      149
                                     0.0%
                                       8
                                   Delaware
                                     State
                                       3
                                       6
                                     0.0%
                                       9
                             District of Columbia
                                   U.S. EPA
                                       3
                                      10
                                     0.0%
                                      10
                                    Florida
                                     State
                                       4
                                      416
                                     0.5%
                                      11
                                    Georgia
                                     State
                                       4
                                      628
                                     0.3%
                                      12
                                    Hawaii
                                     State
                                       9
                                      44
                                     2.3%
                                      13
                                     Idaho
                                   U.S. EPA
                                      10
                                      21
                                     0.0%
                                      14
                                   Illinois
                                     State
                                       5
                                     1,430
                                     0.3%
                                      15
                                    Indiana
                                     State
                                       5
                                     1,211
                                     0.2%
                                      16
                                     Iowa
                                     State
                                       7
                                     1,204
                                     0.9%
                                      17
                                    Kansas
                                     State
                                       7
                                      727
                                     0.0%
                                      18
                                   Kentucky
                                     State
                                       4
                                     1,365
                                     0.0%
                                      19
                                   Louisiana
                                     State
                                       6
                                     1,233
                                     0.5%
                                      20
                                     Maine
                                     State
                                       1
                                      199
                                     7.5%
                                      21
                                   Maryland
                                     State
                                       3
                                      461
                                     2.0%
                                      22
                                 Massachusetts
                                   U.S. EPA
                                       1
                                      203
                                     3.4%
                                      23
                                   Michigan
                                     State
                                       5
                                      13
                                     0.0%
                                      24
                                   Minnesota
                                     State
                                       5
                                      592
                                     60.0%
                                      25
                                  Mississippi
                                     State
                                       4
                                     1,122
                                     0.0%
                                      26
                                   Missouri
                                     State
                                       7
                                     2,314
                                     0.4%
                                      27
                                    Montana
                                     State
                                       8
                                      126
                                     0.0%
                                      28
                                   Nebraska
                                     State
                                       7
                                      657
                                     10.4%
                                      29
                                    Nevada
                                     State
                                       9
                                      89
                                     3.4%
                                      30
                                 New Hampshire
                                   U.S. EPA
                                       1
                                      69
                                     0.0%
                                      31
                                  New Jersey
                                     State
                                       2
                                      372
                                     0.3%
                                      32
                                  New Mexico
                                   U.S. EPA
                                       6
                                      109
                                     0.9%
                                      33
                                   New York
                                     State
                                       2
                                     1,322
                                     0.1%
                                      34
                                North Carolina
                                     State
                                       4
                                     1,098
                                     2.5%
                                      35
                                 North Dakota
                                     State
                                       8
                                      97
                                     1.0%
                                      36
                                     Ohio
                                     State
                                       5
                                     1,706
                                     0.1%
                                      37
                                   Oklahoma
                                     State
                                       6
                                      441
                                     0.0%
                                      38
                                    Oregon
                                     State
                                      10
                                      298
                                     0.0%
                                      39
                                 Pennsylvania
                                     State
                                       3
                                     3,387
                                     27.6%
                                      40
                                  Puerto Rico
                                   U.S. EPA
                                       2
                                      189
                                     0.0%
                                      41
                                 Rhode Island
                                     State
                                       1
                                      68
                                     0.0%
                                      42
                                South Carolina
                                     State
                                       4
                                      389
                                     7.2%
                                      43
                                 South Dakota
                                     State
                                       8
                                      195
                                     0.0%
                                      44
                                   Tennessee
                                     State
                                       4
                                      889
                                     0.1%
                                      45
                                     Texas
                                     State
                                       6
                                     2,928
                                     5.1%
                                      46
                                     Utah
                                     State
                                       8
                                      120
                                     0.0%
                                      47
                                    Vermont
                                     State
                                       1
                                      182
                                     0.5%
                                      48
                                Virgin Islands
                                     State
                                       2
                                      76
                                     0.0%
                                      49
                                   Virginia
                                     State
                                       3
                                      846
                                     0.0%
                                      50
                                  Washington
                                     State
                                      10
                                       6
                                     83.3%
                                      51
                                 West Virginia
                                     State
                                       3
                                     1,729
                                     1.6%
                                      52
                                   Wisconsin
                                     State
                                       5
                                      705
                                     0.1%
                                      53
                                    Wyoming
                                     State
                                       8
                                      187
                                     0.0%
                                      54
                               Other Territories
                                   U.S. EPA
                                    2, 6, 9
                                      20
                                     0.0%

Source: EPA's NPDES eRule Readiness and Data Completeness Dashboard (See: https://edap.epa.gov/public/extensions/eRule_Trends_July/eRule_Trends_July.html). This assessment excludes EPA-issued NPDES permits in locations where the state or territory is authorized to administer the NPDES program. Data for this assessment uses the dashboard's July 2020 monthly snapshot (which represents the data in ICIS-NPDES as of Friday, 26 June 2020).

Note: The "Other Territories" row in this table includes: (1) American Samoa (AS), Guam (GU), Northern Mariana Islands (MP), Midway Island and Wake Island (MW), and Navajo Nation  -  these NPDES permits are issued by EPA Region 9 (NN); (2) Federal Offshore Oil and Gas permits in the Western Gulf of Mexico  -  these NPDES permits are issued by EPA Region 6 (GM); and (3) Saint Regis Mohawk Tribe - these NPDES permits are issued by EPA Region 2 (SR).
         Attachment 2  -  2020 NPDES Electronic Reporting Assessment 
(Sewage Sludge/Biosolids Annual Program Report Filers - NPDES Data Group No. 4)
                                       
                                  EPA Region
        Number of Sewage Sludge/Biosolids Annual Program Report Filers
                       (where EPA is Authorized Program)
Number of Sewage Sludge/Biosolids Annual Program Report Filers that Filed on Paper or Non-Standard Electronic Submissions (where EPA is Authorized Program)
Number of Sewage Sludge/Biosolids Annual Program Report Filers that Electronically Filed via EPA's NeT (where EPA is Authorized Program)
Percentage of Sewage Sludge/Biosolids Annual Program Report Filers that Filed Electronically as Required by NPDES eRule (where EPA is Authorized Program)
Number of Sewage Sludge/Biosolids Annual Program Report Filers that Electronically Filed via EPA's NeT (where State is Authorized Program)
                                       1
                                      152
                                       1
                                      151
                                     99.3%
                                       0
                                       2
                                      239
                                       2
                                      237
                                     99.2%
                                       0
                                       3
                                      253
                                       1
                                      252
                                     99.6%
                                       0
                                       4
                                      504
                                       6
                                      498
                                     98.8%
                                       0
                                       5
                                      291
                                       2
                                      289
                                     99.3%
                                       0
                                       6
                                      96
                                       0
                                      96
                                    100.0%
                                       0
                                       7
                                      252
                                       1
                                      251
                                     99.6%
                                       0
                                       8
                                      110
                                       1
                                      109
                                     99.1%
                                      31
                                       9
                                      263
                                       0
                                      263
                                    100.0%
                                       0
                                      10
                                      114
                                       0
                                      114
                                    100.0%
                                       0
                                     TOTAL
                                     2,274
                                      14
                                     2,260
                                     99.4%
                                      31

Source: EPA's NPDES Electronic Reporting Tool ("NeT"). These data represent reports that were received by NeT for the 2019 reporting year (signed and submitted prior to 1 August 2020). Counts of paper reports or non-standard electronic reports come from the U.S. EPA's Biosolids Center of Excellence.

Note: The following states are authorized to run the Federal biosolids program (40 CFR part 503) in 2019: Arizona, Michigan, Ohio, Oklahoma, South Dakota, Texas, Utah, and Wisconsin. See: https://www.epa.gov/npdes/npdes-state-program-information. The NPDES eRule requires filers in these eight states to start electronically filing their annual reports as part of Phase 2 implementation. See Table 1 to 40 CFR 127.16. EPA received the following number of annual biosolids reports via NeT for the 2019 reporting year where the state is the authorized NPDES biosolids program: Arizona (0), Michigan (0), Ohio (0), Oklahoma (0), South Dakota (22), Texas (0), Utah (9), and Wisconsin (0). EPA's Biosolids Center of Excellence received one paper annual report from a filer in Wisconsin, which is authorized for the Federal biosolids program.
