Compliance

NPDES eReporting – Information and Resources for Authorized Programs

CWA-NPDES electronic reporting

This page is intended to provide NPDES authorized programs information on implementing the NPDES eReporting rule (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 46 states and one territory are authorized to implement the NPDES program.

  • Authorized NPDES Program Responsibilities and Milestones

    The transition from paper-based to electronic reporting will require close coordination and cooperation between EPA and authorized NPDES programs. The table below lists the actions authorized NPDES programs will need to take to be ready for electronic reporting, including intermediate milestones established by the rule. For more information on each of these actions and milestones, see EPA's brochures on Authorized Program Responsibilities.

    State - eRule Authorized Program Responsibilities Brochure (DOC)(5 pp, 622 K, 22 FEB 2016)

    Region - eRule Authorized Program Responsibilities Brochure - EPA Regions (DOC)(5 pp, 618 K, 22 FEB 2016)

    Milestone for Authorized NPDES Programs Date
    Incorporate electronic reporting requirements into permits issued after the effective date of the rule (December 21, 2016) December 21, 2015
    Make initial recipient decisions April 19, 2016
    Transmit initial facility and permit data for Phase 1 September 21, 2016
    Implement electronic reporting tools and begin sharing Phase 1 data December 21, 2016
    Submit implementation plan for Phase 2 electronic reporting December 21, 2016
    Complete any necessary regulatory or statutory changes December 21, 2016 (regulatory)
    December 21, 2017 (statutory)
    Transmit initial data for Phase 2 September 21, 2020
    Implement electronic reporting tools and begin sharing Phase 2 data December 21, 2020
    Re-submit waiver process descriptions December 21, 2020 (and every five years thereafter)
    Stop generating certain summary reports December 21, 2021
  • Current Initial Recipient Status

    The electronic reporting rule requires that authorized NPDES programs decide whether or not they would like to be the initial recipient for each NPDES data group. For this rule, the term “initial recipient” means the governmental entity, either the state or EPA, who first receives the NPDES program data from permittees. The initial recipient designation is necessary so that permittees can know how to submit their electronic data and where to send the data. Specifically, for each NPDES data group:

    • If EPA is the initial recipient, the permittees will submit data to EPA using EPA’s reporting tools. EPA will then share the data electronically with the authorized NPDES program.
    • If the state is the initial recipient, the permittees will submit data to the state. The state will then share the data electronically with EPA.

    EPA’s goal is to help all authorized NPDES programs be the initial recipient for any data group (e.g., DMRs) for which they would like to first receive the data. Therefore, the initial recipient determination is an “opt-out” process. An authorized NPDES program must notify EPA if it wishes EPA to be the initial recipient for a particular NPDES data group. Otherwise, EPA will designate the authorized NPDES program as the initial recipient for all NPDES data groups.

    The following states have informed EPA that they wish to opt out of being the initial recipient for all or some NPDES data group:

    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)

    Oregon

    Yes (All)

    Yes

    Yes (All)

    Rhode Island

    Yes (All)

    Yes

    Yes (All)

    Initial Recipient Federal Register Notice (FRN)

  • Outreach Materials for Authorized Programs

    EPA has developed the following materials to help authorized NPDES programs educate permittees about their reporting responsibilities under the rule. EPA recognizes that NPDES electronic rule stakeholders come from a wide range of backgrounds. These materials serve as a starting point for key messages, materials and resources to share with permittees 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 Permittees

    This brochure is intended for delivery (either electronically or in printed form) to permittees and other regulated entities that will need to report electronically. This brochure highlights key messages to convey to permittees (e.g., why EPA is requiring electronic reporting, what must be reported and when), as well as where to locate more information. States can tailor it as necessary to each sector that will need to report (e.g., CAFOs, Biosolids).

    Newsletter Article

    This brief article summarizes the key reporting requirements, milestones, and deadlines of the rule.

    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.

    Informational Post Card

    The sample post card is designed to complement the brochure as a method of reaching all permittees to notify them of the NPDES electronic reporting rule.

    Model Permit Language

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

    Frequently Asked Questions (FAQs)

    These FAQs are designed to provide simple, clear answers to commonly anticipated rule-related questions. 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 permittees). Please consider including these on your website and updating the list on a rolling basis.

    Draft Presentation

    This draft presentation contains information and pictures that you can use in your presentations to NPDES permittees and other stakeholders interested in NPDES electronic reporting.
  • Other Resources for Authorized Programs
  • Tools and Training Materials