EPA Proposes Rule Requiring Electronic Submittal For NPDES Permit Information and Data

EPA is proposing rules that would require electronic reporting in place of the current paper-based NPDES reports. The proposed regulation would require permittees and regulators to use existing, available information technology to electronically report information and data related to the NPDES permit program in lieu of filing written reports. EPA believes the proposal will allow better allocation and use of limited program resources and enhance transparency and public accountability by providing regulatory agencies and the public with more timely, complete, accurate, and nationally-consistent sets of data about the NPDES program and potential sources of water pollution.

Given the large scope of the proposal, EPA has committed to publishing a supplemental notice should the agency receive comments on the proposed rule that require significant changes. EPA plans to publish the supplemental notice within 180 days after the public comment period for this proposed rule has closed. Comments on this proposed action must be received on or before October 28, 2013.

This proposed rule would require that reports submitted in writing now be submitted electronically by NPDES-permitted facilities to EPA through the National Environmental Information Exchange Network or to the authorized state, tribe, or territory NPDES program. This can include:

• Discharge Monitoring Reports (DMRs),
• Notices of Intent (NOI) to discharge in compliance with a general permit,
• other general permit waivers,
• certifications,
• notices of termination (NOT) of coverage,
• program reports

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website

2006 NPDES Pestides Rule And Related Excemptions Removed

In response to a 2009 Sixth Circuit Court of Appeals ruling that vacated the 2006 NPDES Pesticides Rule, EPA has revised regulations to remove language added by the that rule. This language had exempted the application of pesticides from National Pollutant Discharge Elimination System (NPDES) permit requirements in two circumstances:

1. When the application of the pesticide is made directly to waters of the United States to control pests that are present in the water, and
2. when the application of the pesticide is made to control pests that are over, including near, waters of the United States.

The final rule removes this exemption and is effective on June 27, 2013.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website