EPA Enters Into The 21st Century With New Clean Water Act Reporting Requirements

Clean Water Act Discharge Permits to go Electronic

Since the National Pollution Discharge Elimination System (NPDES) permit requirements were first adopted by EPA back in 1972, the program has undergone significant changes. Categorical limitations, storm water permitting, toxics control, and biotoxicity testing are just a few of the many issues that have been implemented or significantly changed over the past 40 years. However, one aspect of the NPDES program has remained remarkably unchanged over this period. For a significant portion of the regulated community, permit compliance is still demonstrated in the same manner as always. The permittee will collect samples of his discharge, analyze the samples for the pollutants of concern, fill out a paper copy of his Discharge Monitoring Report (DMR) - often by hand - and then mail a copy of the report to the permitting authority. As proposed by EPA July 30, this approach will go the way of the typewriter. EPA is proposing to require most of the regulated community to submit monitoring data and other reports electronically to be compiled into a nationwide database.

Most states have already implemented an electronic reporting option for DMR data and other reports. For example, Pennsylvania has had a reporting program in place (eDMR) for approximately five years. EPA also has electronic systems for the compilation of data, including the Integrated Compliance System (ICIS-NPDES) and NetDRM. The problem with the existing electronic data system is that it is voluntary. EPA estimates that electronic reporting of DMRs accounts for less than half of the total number of reports submitted by the regulated community. Most reports are still submitted in hard copy form, entered manually into state, tribe, or territory databases, and then transferred into the national database. The current approach is inefficient and time-consuming, and human error creates significant problems with the accuracy of the compiled data.

The proposed new regulation will not change the permitting, data collection or reporting requirements for the regulated community. It will, however, require that this information be submitted electronically by the permitted parties. Under the proposal, EPA will require that reports submitted in writing (DMRs, Notices of Intent to discharge in compliance with a general permit, other general permit waivers, certifications, and notices of termination of coverage and program reports) be submitted...