1. 1 Understanding the ICIS-NPDES Policy Statement Betsy Smidinger, Deputy Director Enforcement Targeting and Data Division Office of Compliance Office of Enforcement and Compliance Assurance US EPA Expanded Steering Committee Meeting February 13, 2006

2. 2 Overview  Why do we need a Policy Statement?  What is the Policy Statement?  How was the Draft Policy Statement Developed?  What Data does the Policy Require? RIDE Implementing RIDE Putting RIDE into Perspective  Benefits of the Policy Statement

3. 3  Government Performance Results Act (GPRA)  OMB’s Program Assessment Rating Tool (PART) Why do we need a new Policy Statement? The CWA NPDES program has evolved greatly over the past 20 years requiring new tools and policies.  Increased focus on the “wet weather” sources.  Increasing attention on the non-major sources (90,000) in addition to the Majors (6,700) Additional Data Drivers ICIS-NPDES Policy Statement includes expanded data element requirements to meet the program management needs. Program Change leads to Policy Change…

4. 4 What is the Policy Statement? “To ensure that ICIS-NPDES contains accurate, complete, consistent, and timely information, which will support effective management of the NPDES program and ensure that the human health and environmental protection goals of the Clean Water Act (CWA) are met.” Replaces the PCS Policy Statement originally issued in 1985. Establishes ICIS-NPDES as the national database of record for CWA NPDES permitting and enforcement information. Sets forth Required ICIS-NPDES Data Elements (RIDE). ICIS-NPDES Policy Statement Purpose

5. 5 How was the ICIS-NPDES Policy Statement Developed?  Six NPDES Data Requirements Workgroups 36 state participants representing 21 states Identified:  Data Requirements for the modernized system  Subset of data critical for each area considered in this effort Data Requirements Workgroup recommendations sent out for Regional and State review and comment (April 30, 2002)  Strawman Workgroup (March 2004) EPA, Regions (5 & 6), States (Iowa, Georgia) Developed framework for the content and scope of a new Policy Statement Recognized resource constraints:  Required universe represents a significant increase in the volume of data to be entered into the database  States/regions will need sufficient resources to fully implement

6. 6  PCS Steering Committee Meeting (March 2005) Discussed 1 st working draft of the ICIS-NPDES Policy Statement Result of the March meeting:  Modified Transition Plan  RIDE Data Uses (see handout) 2 nd Draft Policy, revised based on meeting comments, circulated to Steering Committee for comment.  Expanded Steering Committee (December 2005) Received 3 rd Draft ICIS-NPDES Policy Statement How was the ICIS-NPDES Policy Statement Developed? (continued)

7. 7 Required ICIS-NPDES Data Elements (RIDE)  Required elements expanded for special regulatory programs.  No distinction between majors and non- majors.  More enforcement data required from states: Formal actions & penalties for state actions Compliance schedules  Additional compliance monitoring data:  DMRs for non-majors  Single event violations (inspection driven) for non-majors What data does the Draft Policy Require?

8. 8 Permit Components ICIS-NPDES RIDE Biosolids Annual sludge management data Land application, surface disposal & incineration pollutant data Vector & pathogen reduction Biosolids Annual sludge management data Land application, surface disposal & incineration pollutant data Vector & pathogen reduction CAFOs Livestock data Contract operations Manure management & capacity data CNMP & other Plans CAFOs Livestock data Contract operations Manure management & capacity data CNMP & other Plans CSO/SSOs CSO collection systems SSO satellite systems CSO & SSO overflow events NMC & plans implementation CSO/SSOs CSO collection systems SSO satellite systems CSO & SSO overflow events NMC & plans implementation Pretreatment Pretreatment program requirement PCI/Audit data Pretreatment summary data Pretreatment Pretreatment program requirement PCI/Audit data Pretreatment summary data Storm Water MS4 descriptive data Storm water event data Annual report data Industrial sectors Storm Water MS4 descriptive data Storm water event data Annual report data Industrial sectors Core Requirements Facility Data Permitting Data Compliance Monitoring Data Enforcement Data

9. 9 ICIS-NPDES Policy Statement: Implementing RIDE  Transition Plan provides a strategy for entering the new RIDE 3 years after a direct user state begins using ICIS- NPDES. Existing PCS WENDB elements expected to be up-to-date. Enforcement and Compliance data, even for new elements, entered as activities occur.  States given 9 months to adjust to ICIS-NPDES, then submits plan.  Region approves state plan.  Transition plan incorporated into PPA or EPA-state management agreement.  Batch states’ plan will focus on changes needed to state systems to flow data in accordance with XML schema, and will have 3 years from issuance of the final Policy Statement to enter the new RIDE.

10. 10 ICIS-NPDES Policy Statement: Implementing RIDE - continued State launches in ICIS-NPDES March 2006December 2006 Submit Transition Plan to Region ICIS-NPDES RIDE Transition complete March 2009 9 months 3 years Direct User State Example Region approves plan April 2007

11. 11 Putting RIDE into perspective 1. 47% of RIDE data (156 of 332 elements) relate to special program areas. 2. RIDE data entry varies greatly due to frequency (e.g., once every 5 years) and activities undertaken (e.g., enforcement action). 3. Data entry effort depends on the size and location of the state, the quality of their data in PCS, and their current electronic reporting capabilities. 4. The majority of the RIDE Core Data is WENDB now in PCS. Current data in PCS will be migrated to ICIS-NPDES. 5. Many states are making significant progress toward tracking DMRs for non-majors in PCS.

12. 12 Putting RIDE into perspective: 1. RIDE in Special Program Areas Core Data Requirements # of Data Elements Facility25 Permitting75 Compliance Monitoring37 Enforcement39 Total 176 Core Data Requirements # of Data Elements Facility25 Permitting75 Compliance Monitoring37 Enforcement39 Total 176 Biosolids CAFOs 57 CAFOs 57 CSO/SSOs 20 CSO/SSOs 20 Pretreatment 39 Pretreatment 39 Storm Water 7 Storm Water 7 33 Additional 156 Special Regulatory Elements Total RIDE Elements = 332 NOTE: 145 RIDE elements are system required * Numbers subject to change based on completion of software development.

13. 13 Putting RIDE into perspective: 2. Data Entry Frequency ICIS-NPDES Data Type Sub-Areas Customary Entry Frequency Additional Permit Component Information Facility Basic Information, Contacts, Addresses, Latitude, Longitude Once/ permit cycle N/A Permit Basic Information, Narrative Condition, Permit Schedule, Permitted Feature, Limit Once/ permit cycle Biosolids, CAFO,CSO, Stormwater, Pretreatment, SSO Compliance Monitoring Inspections Once/ year or less DMRs Once/ month/ limit Violations Variable Enforcement Basic Information, Milestones, Sub-activities, Final Orders, Penalties, Compliance Schedules, Complying Actions, Injunctive Relief, Supplemental Environmental Projects Variable N/A

14. 14 Putting RIDE into perspective: 3. Data entry for ICIS-NPDES will vary greatly by state.

15. 15 Putting RIDE into perspective: 4. Facility Universe Estimates *For each POTW with a pretreatment program, ICIS requires the aggregate number of SIUs/CIUs, not information on each and every SIU/CIU. Rather than 30,000 entries, there are only 1,500 and then in a once in a five-year cycle. **Stormwater Construction facilities are only RIDE if there has been compliance monitoring or enforcement activity. It is difficult to assess the number of facilities in PCS for many of the special regulatory areas.

16. 16 Putting RIDE into perspective: 5. Status of Non-majors Data Entry  Permit limits must be entered prior to entering discharge monitoring reports (DMRs). 46% of 92,061 non-major individual and general permits currently have limits in PCS. 32 out of 59 states/territories have entered permit limits for greater than 50% of their individual and general non- majors.  eDMRs significantly reduce the burden associated with entering DMRs for both majors and non-majors.

17. 17 Non-major permit universes and limit entry rates in PCS, by EPA Region

18. 18 Benefits of Implementing the ICIS- NPDES Policy Statement  Nationally consistent data to respond to “data drivers”.  Permit/facility inventory.  More effective management of NPDES permitting and compliance programs.  Improved understanding of non- compliance beyond DMR-based violations by majors.  Cost savings by improving inspection targeting.  Public access to more complete information on NPDES program.