How Are Things Changing?
(a)
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
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.
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)
Future Enforcement
• Company-specific information shared with
(and easily searched by) the public
• Private citizen oversight of your projects
• …And private citizen enforcement encouraged
(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
[email protected]
Leah Pilconis
Senior Environmental
Advisor to
AGC of America
703-837-5332
[email protected]
Image Sources: www.istockphoto.com: (a) 6003062; (b) 56627598; (c) 70862903; and (d) 22768586