On July 30th a proposed National Pollutant Discharge Elimination System (NPDES) Electronic Reporting Rule was published in the Federal Register. The proposed rule has to do with replacing several paper-based Clean Water Act NPDES permitting and compliance monitoring reporting with electronic reporting. EPA plans to phase in the requirements of the final rule over a two year period. Phase 1 is to be implemented within one year of the rule’s promulgation and Phase 2 is to be implemented within the second year of the rule’s promulgation. EPA will use the Clean Water Act, Section 308 as a backstop if states are unable to meet certain criteria.
Under the proposed rule NPDES permitted facilities physically located in a county or zip code where there is limited broadband access will be granted a temporary waiver, which will be reviewed annually. NPDES permitted facilities for which electronic reporting would pose an unreasonable burden or expense may be granted a temporary waiver for up to one year at a time.
Those interested have until October 28, 2013 to comment. EPA predicts the final rule will be established by late 2014 or early 2015.
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