NPDES eReporting – Information and Resources for Authorized Programs

CWA-NPDES
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This page is intended to provide National Pollutant Discharge Elimination System (NPDES) authorized programs information on implementing the NPDES Electronic Reporting rule (“NPDES eRule”) (40 CFR part 127). An NPDES authorized program is a state, tribal or territorial government authorized by the EPA to perform many of the permitting, administrative, and enforcement aspects of the NPDES program. In states authorized to implement CWA programs, EPA retains oversight responsibilities. Currently 47 states and one territory are authorized to implement the core NPDES program. EPA also tracks if state, tribal or territorial governments have authorization to run other aspects of the NPDES program:

  • Authorization to issue Federal NPDES General Permits
  • Authorization to Regulate Federal Facilities,
  • Authorization for Federal Pretreatment Program, and
  • Authorization for Federal Biosolids Program.

UPDATE: On November 2, 2020, EPA published the  NPDES eRule Phase 2 Extension final rule which provides states and EPA additional time to implement electronic reporting for certain Clean Water Act discharge permitting requirements. The final rule extended the compliance deadline for implementation of Phase 2 of the eRule by five years, from December 21, 2020 to December 21, 2025.

Authorized NPDES Program Responsibilities and Milestones

The transition from paper-based to electronic reporting requires close coordination and cooperation between EPA and authorized NPDES programs. The documents below identify the actions EPA and authorized NPDES programs are taking in order to implement NPDES electronic reporting.

State -  NPDES eRule Authorized Program Responsibilities Brochure (doc) (304.5 KB, October 9, 2020)

Region -  NPDES eRule Authorized Program Responsibilities Brochure - EPA Regions (doc) (595 KB, October 9, 2020)

Current Initial Recipient Status

The NPDES eRule requires each authorized NPDES program to decide whether or not they would like to use EPA’s software or to build their own electronic reporting tools. Authorized states can make this decision or defer this decision to EPA. The governmental entity, either the state or EPA, that makes this decision is the “Initial Recipient.” An authorized NPDES program must notify EPA if it wishes EPA to be the initial recipient for a particular set of data (also known as “NPDES data group”).

The following states have informed EPA that they would like EPA to decide how NPDES-regulated entities should electronically sign and submit their NPDES reports.

State

State Elected for EPA to be Initial Recipient for General Permit Reports

(NPDES Data Group No. 2)

State Elected for EPA to be Initial Recipient for DMRs

(NPDES Data Group No. 3)

State Elected for EPA to be Initial Recipient for Program Reports

(NPDES Data Group Nos. 4 through 10)

Georgia

No

No

Yes (only for Biosolids Annal Report)

Nebraska

Yes (All)

Yes

Yes (All)

New Jersey

No

No

Yes (only for CAFO Annual Program Report)

North Carolina

Yes (only for Low Erosivity Waivers and No Exposure Certifications)

No

Yes (only for CAFO Annual Program Report, MS4 Program Report, and the 316(b) Annual Report)

Rhode Island

Yes (All)

Yes

Yes (All)

Please see the “How to Submit NPDES Information Electronically” section for more information on the one or more electronic reporting tools that facilities should use to submit their NPDES reports.

Outreach Materials for Authorized Programs

EPA developed the following outreach materials to help states and EPA Regions educate NPDES-regulated entities about their reporting responsibilities under the NPDES eRule. EPA recognizes that NPDES-regulated entities come from a wide range of backgrounds. These materials serve as a starting point for key messages, materials and resources to share with NPDES-regulated entities and other interested stakeholders. These materials are meant to be customized by each authorized program (e.g., by adding in contact information, changing logos as necessary), and are intended to provide a consistent starting point for communications.

Informational Brochure for NPDES-regulated Entities

This brochure highlights key messages to convey to NPDES-regulated entities (e.g., why EPA is requiring electronic reporting, what must be reported and when), as well as where to locate more information. EPA Regions and states can tailor it as necessary to each sector that needs to electronically sign and submit NPDES reports (e.g., municipalities that submit urban stormwater program reports, sewage treatment plants that submit biosolids annual program reports).

Sample Web Content

EPA encourages authorized NPDES programs to develop a webpage dedicated to the rule and include a link to the NPDES eReporting Web Site.

Frequently Asked Questions (FAQs)

These FAQs are designed to provide simple, clear answers to commonly anticipated questions on NPDES electronic reporting. They are intended for a broad or general audience as a supplement to the more detailed audience-specific material used for outreach (e.g., brochures for NPDES-regulated entities).

Stock NPDES eRule Presentation

This stock presentation contains information and pictures that you can use in your presentations to NPDES-regulated entities and other stakeholders interested in NPDES electronic reporting.

Data Entry Guidance and Technical Papers

EPA and states are working together in technical workgroups to help implement the NPDES eRule. EPA documents recommendations from workgroup members in data entry guidance and technical papers. These technical papers provide more detail on business rules and reference values for the minimum set of NPDES program data (i.e., “Appendix A” data elements).

These data elements related to authorized NPDES program inspections and oversight, compliance monitoring reports, NPDES permit applications, and NPDES general permit reports (e.g., NOIs). EPA plans to use this technical paper to develop electronic reporting tools and to update NPDES data sharing protocols and schemas, EPA’s NPDES data system (ICIS-NPDES), and the forthcoming NPDES Noncompliance Report (NNCR).

Memorandum of Understanding (MOU) for Using EPA's NeT

As part of EPA’s collaboration with the authorized NPDES programs to move forward with converting the NPDES program from paper to electronic reporting, a few options are being considered, including a national solution hosted by EPA. Some states have elected to use EPA's NPDES Electronic Reporting Tool (or "NeT"). EPA uses a Memorandum of Understanding (MOU) with each state to bolster its partnerships with authorized NPDES programs. This MOU clarifies the roles and responsibilities for both EPA and the authorized NPDES program.

The primary focus of the MOU covers the data elements found in the NPDES eRule (see Appendix A, 40 CFR part 127), which identifies the minimum set of NPDES data that authorized NPDES programs must enter or transfer to U.S. EPA’s national NPDES data system, as well as, what NPDES-regulated entities must report electronically to the authorized NPDES program. Where the authorized NPDES program chooses to require NPDES regulated entities to submit more data than what is listed in 40 CFR Part 127, Appendix A, both parties to this agreement will work together to determine the most viable solution (e.g., additional fields on electronic form, PDF attachment, paper form) to collect and record those data.

View the current set of signed NPDES eRule MOUs.

Other Resources for Authorized Programs

Model Permit Language for Incorporating Electronic Reporting

State NPDES permit writers can use this draft language to incorporate electronic reporting requirements into NPDES permits.

Model Process of Minor Modification of Multiple NPDES Permits

These documents provide examples of how authorized NPDES programs can perform minor modification of multiple NPDES permits to incorporate electronic reporting requirements. This process allows authorized NPDES programs to efficiently incorporate the new electronic reporting requirements into NPDES permits.

EPA-State NPDES eRule Workgroups

EPA and states are working together in technical workgroups to help implement the NPDES eRule. Active workgroups usually meet on a bi-weekly or monthly schedule. States should contact us (NPDESeReporting@epa.gov) if they would like to participate in one or more of these workgroups.

  • EPA-state General Permit and Program Report Technical Workgroup: This workgroup discusses how to electronically collect general permit reports (e.g., NOIs) and program reports. In particular, this workgroup focuses on the EPA Regional and state general permits and program reports that will use EPA’s NPDES Electronic Reporting Tool (or “NeT”).
  • EPA is currently working with states to update the ICIS Data Submission service to include the Phase 2 data elements. This workgroup meets bi-weekly to review and confirm the data definitions and sharing protocols for these data. EPA plans to finish these updates to the ICIS Data Submission by the end of December 2024. This will allow states to update their data sharing protocols in time for the Phase 2 compliance deadline (December 21, 2025).
  • EPA-state NPDES Noncompliance Report (NNCR) Workgroup: This workgroup discusses how to identify, categorize, sort, and display violations on the NNCR. This workgroup builds off of the EPA’s NNCR regulations (see 40 CFR 123.45). 

EPA documents recommendations from workgroup members in technical papers.

Minimum Set of NPDES Program Data

EPA first codified the “minimum set of NPDES data” that EPA and states must electronically collect, manage, and share with the promulgation of the 2015 NPDES eRule. See 40 CFR 127.2(e).  EPA listed these data in an appendix to the NPDES eRule, (see Appendix A, 40 CFR part 127).  The two tables in Appendix A identify the minimum set of NPDES data that authorized states, tribes, territories must enter or transfer to EPA’s national NPDES data system (ICIS-NPDES) as well as what NPDES-regulated entities must electronically report to the authorized NPDES program or EPA [see 40 CFR 127.2(b)]. Authorized NPDES programs will be the data provider in the event a NPDES-regulated entity is covered by a waiver from electronic reporting.

Use of these two tables ensures that there is consistent and complete reporting nationwide, and expeditious collection and processing of the data, thereby making it more accurate and timelier. Taken together, these data standardizations and the corresponding electronic reporting requirements in EPA’s regulations 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.

The following spreadsheet provides an overview of the Appendix A data elements by NPDES eRule implementation phase and the due date for EPA Regions and states to share with ICIS-NPDES.

Updates to ICIS Data Submission Service for Phase 2 Data

The NPDES eRule 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. State that elect to build their own electronic reporting tools must share the “minimum set of NPDES data” with EPA.

EPA supports this regulatory data sharing requirement by maintaining and supporting the ICIS Data Submission service, which is hosted on the Exchange Network (EN). This service allows authorized states to electronically send NPDES program data to EPA in batch submissions using eXtensible Markup Language (XML) technology. EPA takes these XML data files and routes them to its Integrated Compliance Information System – National Pollutant Discharge Elimination System (ICIS–NPDES) and other related systems. In order to use the ICIS Data Submission service, authorized states must compose their transactions into well-formed XML files, package them into zip files, and then electronically submit them using their “Node” on the Exchange Network or by manually uploading them using a form on the Exchange Network Service Center website.

The ICIS Data Submission service incorporates all of the Phase 1 data elements and EPA is currently working with states to update this service for Phase 2 data elements. EPA plans to finish these updates to the ICIS Data Submission by the end of December 2024. This will allow states to update their data sharing protocols in time for the Phase 2 compliance deadline (December 21, 2025). States should contact us (NPDESeReporting@epa.gov) if they would like to participate in this effort. Below is the current plan and status for the inclusion of Phase 2 data elements into the ICIS Data Submission service.

EPA NPDES eRule Implementation: Roadmap for Updating the ICIS Data Submission Service for Phase 2 Data (pdf) (316.29 KB)

NPDES eRule Implementation Dashboards

EPA is developing a series of dashboards to help EPA and states identify issues related to the conversion to electronic reporting and the related data sharing requirements.

NPDES eRule Phase 2 Roadmap for Deploying NeT Applications

These documents provide 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.

Model Language for Incorporating Electronic Reporting and Data Sharing Requirements into an Authorized NPDES Program Memoranda of Agreement with EPA

This document provides draft language that can be used to incorporate electronic reporting and data sharing requirements into the NPDES Memoranda of Agreement (MOA) between EPA and State NPDES programs.

NPDES eRule Phase 2 Forms

These EPA forms identify the information that states must share with EPA on general permits and program reports for Phase 2 implementation.

  • NPDES General Permit and Program Report Inventory Update Form (docx) (47.21 KB) (EPA FORM 6100-057, FORM OMB APPROVED 2040-0004, EXP. 7/31/2026)  - States should share updated information with EPA within 40 days of the effective date of the new general permit or deployment of electronic reporting for a general permit or program report. Please annually review and update as needed these data prior to the June annual assessments [see 40 CFR 127.26(j)].
  • State NPDES eRule Phase 2 Alternative Phase 2 Compliance Deadline Request (docx) (46.56 KB) (EPA FORM 6100-056, FORM OMB APPROVED 2040-0004, EXP. 7/31/2026)  - States can request more time to implement Phase 2 of the NPDES eRule by submitting a signed, completed form to EPA. A State may request to establish an alternative compliance deadline for up to three years beyond the currently applicable date but not beyond December 21, 2028. States must submit a request at least 120 days prior to the applicable compliance deadline in Table 1 to 40 CFR 127.16 or an alternative compliance deadline previously approved by EPA [40 CFR 127.24(e)].

Alternate Phase 2 Compliance Deadlines

The NPDES eRule allows an authorized NPDES program to submit a request to EPA to establish an alternative compliance Phase 2 deadline for electronic reporting of one or more general permit reports, program reports, and related data elements [see 40 CFR 127.24(e)]. A State may request to establish an alternative compliance deadline of up to three years beyond the currently applicable date but not beyond December 21, 2028. It is the duty of the authorized NPDES program to apply for a new alternative compliance deadline. States must submit a request at least 120 days prior to the applicable compliance deadline in Table 1 to 40 CFR 127.16 or an alternative compliance deadline previously approved by EPA [40 CFR 127.24(e)].

View the current set of approved alternative compliance Phase 2 deadlines.

Compliance

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Last updated on October 22, 2024