How Are Things Changing? ENVIRONMENTAL Risks and Responsibilities in the DIGITAL AGE (a)

How Are Things Changing? Stormwater Runoff How Are Things Changing? Contractor Risk & Liability in the Digital Age EPA’s Next Generation Enforcement Initiative New EPA NPDES Electronic Reporting Final Rule Public Access to Industry Data Future Enforcement Contractor Risk & Liability in the Digital Age New EPA NPDES Electronic Reporting Final Rule Published in Fed. Register 10/21/15; took effect Dec. 2015, nationwide New reqmt’s will be added to SW permits as reissued EPA/states developing online tools More company-specific info going to Wash, DC (EPA Headquarters) Public Access to Industry Data Enforcement & Compliance History Online (ECHO) Database Future Enforcement “Next Generation” Compliance Enforcement EPA will use monitoring equipment, the public and 3rd party auditors as eyes to monitor compliance

EPA’s “NextGen” Initiative Drafting clearer rules/permits Real-time monitoring technology Transitioning to electronic reporting Data availability for general public Third-party enforcement “Next Generation” Compliance Enforcement

EPA’s NPDES e-Reporting Rule Final rule took effect Dec. 2015, nationwide Establishes minimum, uniform set of data that must be reported electronically, instead of paper filings Individual Permit Holders: must upload SW docs (DMRs, NOIs/NOTs, waivers/certs, program reports) State Permitting Authorities: must share permit data w/ EPA + upload inspections data, violation determinations, enforcement actions New reqmt’s will be added to SW permits as reissued EPA/states developing online “tools”

What Does This Mean for Contractors? Identify Recipient for Each Submission Use Approved e-Reporting Program/Tool Register and Obtain a User Account Obtain a Valid Electronic Signature State Permitting Authorities: Some may need to modify their permits early.

Deliberative Product --- Not for Release e-Reporting Tools EPA has two tools for electronically collecting permit related documents and compliance monitoring information Available for states to use to meet NPDES e-Reporting Rule

More Info Goes to Washington Company-specific information Everything on permit application forms DMR data Incidents of noncompliance State-administered inspection/ enforcement results What is EPA going to do with this information? THEN (d) NOW (e)

ECHO Database https://echo.epa.gov Popular EPA resource (2M visits/yr) 800K facilities in database Anyone can view data Weekly updates Will soon include construction SW info (NPDES e-Reporting Rule) ECHO: Enforcement and Compliance History Online

Public Access to Industry Data The availability of information will empower communities to play an active role in compliance oversight and improve the performance of both the government and regulated entities. EPA’s National Enforcement Initiatives (through FY2019) (a)

Private citizen oversight of your projects Future Enforcement Company-specific information shared with (and easily searched by) the public Private citizen oversight of your projects …And private citizen enforcement encouraged More Citizen Suits?!   (b) (c) (d)

Stormwater (EPA’s CGP) EPA’s CGP due out by Feb. 2017, National Model Notable changes: NPDES e-Reporting Tool (NeT) will be used to submit NOIs, NOTs and certs/waivers EPA considering making SWPPPs publicly accessible Data will be available via ECHO More information: https://www.epa.gov/npdes

Contact Us Melinda Tomaino Director of Environmental Services AGC of America 703-837-5415 tomainom@agc.org Leah Pilconis Senior Environmental Advisor to AGC of America 703-837-5332 pilconisl@agc.org Image Sources: www.istockphoto.com: (a) 6003062; (b) 56627598; (c) 70862903; and (d) 22768586