EPA Launches Comprehensive New Internet Tool That Gives Public “Quick and Easy Access” To Vast Nationwide Water Discharge Data

On January 26, 2012, EPA unveiled a new internet database, called the Discharge Monitoring Report (DMR) Pollutant Loading Tool, which for the first time in history makes available to the public detailed information about water discharges from facilities across the country.  In the words of EPA’s Carey Johnston from EPA’s Office of Compliance, EPA’s newest creation is “designed to identify who is discharging what, where, and how much.” 

The tool allows users to search the vast amount of DMR and Toxics Release Inventory data collected from facilities across the country. Users can mine this database with easily designed queries that allow one to search for specific discharge facilities, types of pollutant, discharge locations, and pollutant amounts.  For example, a search of selenium discharges in West Virginia quickly returned a list of 939 facilities that discharge that pollutant as well as a “Top Ten” list of the largest dischargers.  Many of the facilities listed have individual profiles with a Google Maps link so users can get a bird’s-eye view of the facility. Many of these individual profiles also contain the facility’s discharge permit limits, compliance history, and recent inspection and enforcement data. 

EPA intends this database to give “quick and easy access” to citizens and researchers as well as permit writers and regulatory agencies.  While this data can be downloaded, copies of the actual DMRs and NPDES permits cannot currently be viewed using the tool.  If states make this information available online, however, the tool provides a link to the state websites so users can access this information more readily. 

A few qualifiers regarding the data are worth noting.  Currently, the data stretches from 2007 to 2010.  Results for 2011 are expected to be uploaded in the coming months, but the agency has no plans to make data available from earlier years. The data will include all discharge monitoring reports (DMRs) from all major sources and all data generated by the Toxics Release Inventory program.  States are not required to provide EPA with information about non-major facilities, so the tool currently lacks much of this information. Since 2007, however, States have been increasingly willing to provide EPA with data on non-major facilities, and it is not hard to envision EPA’s database becoming significantly more expansive over time. 

Percentage of DMR Data for Non-Major Facilities Voluntarily Shared with EPA:
State:	Percent Shared in 2007	Percent Shared in 2010
West Virginia	20	65
Kentucky	59	90
Pennsylvania	1	100
Ohio	83	100
Colorado	77	95
Indiana	91	100
Virginia	0	100
Maryland	43	82

Acknowledging that the process of converting the data from handwritten DMRs into the digital realm is fraught with errors, the new tool has a process whereby anyone can bring errors to EPA’s attention.  Once an error report is generated, it is forwarded to the appropriate state or federal agency which will verify the accuracy of the data and notify the concerned party if the data is ultimately changed.  EPA has indicated that it hopes to update the database monthly with error corrections. 

In its current state, EPA’s new tool is a bit clunky and plagued by significant gaps in data.  As more data becomes available and the states continue to share more information with EPA regarding non-major facilities, however, this database will likely become an increasingly sophisticated tool used by citizens to challenge water discharge permits both at the permitting stage and in court. 

This article was authored by Aaron S. Heishman, Jackson Kelly PLLC. For more information on the author see here.