Electronic Reporting Rule Summary
The E-Reporting Rule requires that all NDPDES information is shared with
the EPA electronically and that all permittees submit permit information to
the State electronically (e.g. general permit applications, DMRs, annual
reports, etc.). These requirements
will be phased in over a five (5) year period by implementing two (2)
phases. The E-Reporting Rule was
published in the code of federal register on October 22, 2015.
The first phase will
require all basic permit information, all basic facility information, and
all DMRs to be submitted to the EPA electronically. Phase I will require all permittees that submit DMRs to the state, to
submit them electronically. Any
facilities which submit Sewage Sludge/Biosolids annual reports to the EPA
must do so electronically. Phase I is to be implemented
no later than December 21, 2016.
Phase II is to be implemented no later than December 21, 2020. The Department will be required to
electronically collect, manage, and share with the EPA, all remaining NPDES
data. This data includes general permit reports (Applications/NOI's, NOT's,
No Exposure Certifications) and other NPDES sub-program reports.
UPDATE: On September 23, 2020, EPA Administrator Andrew Wheeler signed the NPDES eRule Phase 2 Extension final rule which would provide states and EPA additional time to implement electronic reporting for certain Clean Water Act discharge permitting requirements. In this final rule, EPA extended the compliance deadline for implementation of Phase 2 of the eRule by five years, from December 21, 2020 to December 21, 2025.
The
E-Reporting Rule allows facilities to request a waiver from being required
to submit DMR data to the Department electronically. Waivers may only
be requested by permittees and are good for five (5) years. These
waivers are not transferable.
A copy of the published
of the Final Rule may be obtained at the following link:
https://www.epa.gov/compliance/npdes-ereporting
Schedule
No later than December 21, 2016
all facilities which submit DMRs to the Department must do so utilizing
the Electronic Reporting Information System (ERIS) unless a temporary
waiver has been obtained (please refer to the Electronic Reporting
Information System section and the Temporary Waiver section below).
- Prior to December 21, 2016, submitting DMRs
electronically is optional, but facilities must begin submitting DMRs
electronically no later than December 21, 2016. Please note:
it is the responsibility for each facility to be signed up to
utilize ERIS prior to December 21, 2016, so that they may begin
submitting DMRs electronically on or before December 21, 2016.
No later than December 21, 2025,
the following reports must be submitted to the Department electronically
(please note that the Department will need to update ERIS to meet the
requirements of Phase II):
- General Permit Reports [Notices of Intent
(NOIs); Notices of Termination (NOTs); No Exposure Certifications
(NOEs); etc.];
- Municipal Separate Storm Sewer System (MS4)
Program Reports;
- Pretreatment Program Reports;
- Significant Industrial User Compliance
Reports in Municipalities Without Approved Pretreatment Programs;
- Sewer Overflow/Bypass Event Reports;
- CWA section 316(b) Annual Reports
Temporary Waivers
As allowed under 40 CFR 127.15, facilities may
request a temporary waiver from submitting required permit information to
the Department electronically. The required information includes discharge
monitoring reports (DMRs), annual reports,
and any requested reports.
To be considered, a facility
must submit an application for a temporary electronic reporting waiver (SFN
60992). Temporary waivers will be good for a period of no more than five (5)
years. Upon expiration of the temporary waiver, a
facility will either need to reapply for a temporary waiver, or register and
begin submitting permit information electronically through the Department's electronic reporting information system (ERIS).
Temporary waivers are not
transferable.
The Department will review each request, approve or
reject the request within 120 days, and provide notification of its
decision. Facilities for which waivers are approved will still be required
to submit hard copies of any required permit information.
The Department will not accept temporary waivers from
the following types of dischargers:
-
Facilities classified as major dischargers, and
-
Individual Non-Publicly Owned Treatment Works
(e.g., industrial facilities, commercial facilities, power plants, coal
mines).
One of the following criteria must be met in
order to obtain a waiver:
- No Internet access,
- No computer access,
- Annual DMRs (upon approval of the Department),
- Employee turnover (3 month periods only), or
- Short duration permits (upon approval of the
Department)
Temporary Waiver Form
The
application for temporary electronic reporting waiver must be fully
completed. Forms which are submitted that do not contain the
"wet" signature (photocopied, faxed or scanned and emailed) or are not
complete will be returned.
Application for Temporary E-Reporting Waiver
