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

2. 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

3. 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

4. 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”

5. 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.

6. 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

7. 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)

8. 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

9. 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)

10. 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)

11. 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:

12. Contact Us
Melinda Tomaino Director of Environmental Services AGC of America
Leah Pilconis Senior Environmental Advisor to AGC of America
Image Sources: (a) ; (b) ; (c) ; and (d)