DAR File No. 32341

Environmental Quality, Water Quality

R317-1-9

Electronic Submissions and Electronic Signatures

NOTICE OF PROPOSED RULE

DAR File No.: 32341
Filed: 01/29/2009, 04:26
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule change is to allow for an additional option for Utah Pollutant Discharge Elimination System (UPDES) permittees to submit the monthly Discharge Monitoring Reports (DMR). The additional option will allow for electronic submission of the DMR using EPA's NetDMR program.

Summary of the rule or change:

The rule change allows UPDES permittees to submit the DMRs electronically through EPA's NetDMR program, providing they meet the provisions that are being added to this rule, which is complete a subscriber agreement in which all requirements from EPA's Cross -- Media Electronic Reporting Regulation (CROMERR) are met. The change outlines how long the subscriber agreement is valid. The change also includes a certification statement that will need to be agreed to before submission of any DMR through EPA's NetDMR program.

State statutory or constitutional authorization for this rule:

Section 19-5-105

Anticipated cost or savings to:

the state budget:

The change will allow for an additional method of DMR submission for UPDES permittees. The submission of DMR's electronically through EPA's NetDMR program is voluntary. Depending on the number of UPDES permittees that take advantage of the rule changes, the Division of Water Quality could save hundreds of man-hours every year from not having to manually input the data.

local governments:

The electronic filing provisions of the rule are voluntary. Local governments which are UPDES permittees could take advantages of the electronic submission of DMRs, which would reduce the amount of paper used and save on postage. No costs to local governments are anticipated.

small businesses and persons other than businesses:

The electronic filing provisions of the rule are voluntary. Businesses which are UPDES permittees could take advantages of the electronic submission of DMRs, which would reduce the amount of paper used and save on postage. No costs to other persons or businesses are anticipated.

Compliance costs for affected persons:

The electronic submission of DMRs is voluntary, and no compliance costs are anticipated.

Comments by the department head on the fiscal impact the rule may have on businesses:

The UPDES permittee could realize a savings from not using paper or postage, which is needed for current DMR submittal, and could realize a time savings by adopting the the electronic submission of DMRs. William J. Sinclair, Acting Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Water Quality
CANNON HEALTH BLDG
288 N 1460 W
SALT LAKE CITY UT 84116-3231

Direct questions regarding this rule to:

Dave Wham at the above address, by phone at 801-538-6052, by FAX at 801-538-6016, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/17/2009

This rule may become effective on:

04/02/2009

Authorized by:

Walter Baker, Director

R317. Environmental Quality, Water Quality.

R317-1. Definitions and General Requirements.

R317-1-9. Electronic Submissions and Electronic Signatures.

(a) Pursuant to the authority of Utah Code Ann. Subsection 46-4-501(a), the submission of Discharge Monitoring Reports and related information may be conducted electronically through the EPA's NetDMR program, provided the requirements of subsection (b) are met.

(b) A person may submit Discharge Monitoring Reports and related information only after (1) completion of a Subscriber Agreement in a form designated by the Executive Secretary to ensures that all requirements of 40 CFR 3, EPA's Cross - Media Electronic Reporting Regulation (CROMERR) are met; and (2) completion of subsequent steps specified by EPA's CROMERR, including setting up a subscriber account.

(c) The Subscriber Agreement will continue until terminated by its own terms, until modified by mutual consent or until terminated with 60 days written notice by any party.

(d) Any person who submits a Discharge Monitoring Report or related information under the NetDMR program, and who electronically signs the report or related information, is, by providing an electronic signature, making the following certification: "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

 

KEY: water pollution, waste disposal, industrial waste, effluent standards

Date of Enactment or Last Substantive Amendment: [February 4, 2008]2009

Notice of Continuation: October 2, 2007

Authorizing, and Implemented or Interpreted Law: 19-5