1U.S. EPA Responses to Public InputReceived on Development of the CleanWater Act Enforcement Action PlanOctober 15, 2009Introduction:In July 2009, EPA’s enforcement and compliance program was directed by the Administrator toexamine the water enforcementprogram in light of information showing that water quality goals are not being met and that there are toomany violations in too manyplaces. To help satisfy this charge, EPA engaged in an outreach effort to solicit views from environmental commissioners, state waterprogram managers, tribal representatives,environmental advocates, environmental justice groups, affected industry, and academics.The general public was also directly engaged through an EPA blog site. EPA is thankfulfor the input and ideas it received. Some ofthe ideas will be implemented in whole or in part as part ofthe Clean Water Act Enforcement Action Plan. Some ideas will be furtherevaluated and other ideas fall outside of the scope of the CleanWater Act Enforcement Action Plan. The table below is a compilationof those ideas and includes a brief response for each.Abbreviations Used to Show the Source of a Particular idea.A = Association of State and Interstate Water Pollution Control Administrators (ASIWPCA)Ac = AcademicsC = Community OrganizationsE = Environmental Council of States (ECOS)I = IndustryN = National Association of Clean Water Agencies (NACWA)NGOs = Non-Governmental Organizations (National Environmental)P = Public (blog comments)T = Tribes2Table of Ideas Submitted and EPA ResponsesIdeaSourceResponseProviding More Data - Link Enforcement Datato Water Quality Goals and Outcomes1.Link water quality (303(d) and 305(b) data) and complianceinformation to show wherenonpoint sources are causing theproblems in order to buildpublic support for nonpointcontrols. Provide more on the reason behind streams beinglisted on the 303 (d) list of impaired waters and the lack ofcontrol of the true sourceof the reasoning behind moststreams being listed as impaired.A, E, NGOs,P, Ac, NEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.2.Post all copies of enforcement actions and inspectionsreports and link to EPA’s Online Tracking and InformationSystem (OTIS) database and Enforcement and ComplianceHistory Online (ECHO) database.Ac, NGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.3.EPA should express the limitations of Round 1 SRF reportsand highlight the importance of improvements andenhancements made for Round 2.AAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA is inthe process of implementing this idea in wholeor in part.4.Provide better / more Municipal Separate Storm SewerSystem (MS4) and stormwater information not covered byNational Pollution Discharge Elimination System (NPDES).NGOsAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.5.Provide information (and have states submit in a uniformmanner) on how much money a state is spending on its CleanWater Act (CWA) enforcement program (federal and statemoney), the criteria for NPDESapproval and the data behindit, and criteria for program withdrawal. Also, look at howmany inspectors EPA has in water enforcement.NGOs, P, AcEPA appreciates the input, but does notcurrently plan to implement this idea.3Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse6.Show the number of excursionsa facility has over a certaintimeframeNGOs, AcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.7.Identify and post on the web the worst actors (not justmajors).NGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.8.Create a QNCR for minors and Make QNRCs availableonline.NGOs, CEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.9.Make Congress and the public more aware of the costs ofCWA effortsAEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.10.Make distinction betweenpaper and environmentalviolations more clear in EPAdatabases and expend resourcesaccordingly.A, I, AcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.11.Make data error correction a faster process. Have moreinternal QA/QC on ECHO data.I, NEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.12.Provide more context with stormwater and other data postedon the web that informs the public of whether the program isbenefitting water quality. Explain why one state’s datadiffers from another and the appropriate caveats for its use.A, I, AcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.13.Allow EPA and state inspectors to provide information onhow to comply. EPA and state inspectors do not interpretpermit requirements the same and they will not tell you howto comply, just that you are not doing it.IEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.4Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse14.EPA should coordinate discussionsbetween states and tribeson transboundary water pollutionand enforcement issues.This could include workshops and conferences to haveincreased and better communications, share information andrecognitions of sovereignty.Consider holding a conferenceon these issues with tribes.TAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.15.EPA should address the unique jurisdictional issues that arisein Alaska associated with state primacy but Alaska NativeVillages being concernedabout water quality andenforcementTAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.16.Establish a new process or reinvigorate existing processesfor giving downstream Indianreservations notice ofupstream permitting actions.TEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.17.States need to improve coordination with tribes over waterquality concerns that arise off-reservation in the context ofusual and accustom areas specifically reserved in treatiesbetween the United States and tribes.TAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.18.Coordinate agencies’ actions, sotribes don’t have to dealwith multiple different entitiesTWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.19.Agencies should look at and usetribal monitoring data andtribes should have opportunityto provide input on how datais presented in the federal databaseTEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.5Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse20.Provide education on recycling,self-sustainability and ecofriendly practices to residential and commercial consumersrather than developing more policy.PWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.21.Take additional water samples during high onshore winds ornor’easter when bacteria levelsrise. Neurotoxins from theRed Tides should be part of the water quality testingprogram and beaches should be posted and closed. Hospitalsshould be notified.PThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.22.Add a component to the EPA Water Quality System thatincludes a companies water footprint and other data from theUN's CEO Water MandatePThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.23.Make data available that is closer to a 6th-7th grade readinglevel and clearly separate data by topicPEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.24.Provide more press from EPA on companies with strongcompliance history.PEPA appreciates the input, but does notcurrently plan to implement this idea.6Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse25.Create a website of the Nation’s waterways organized byState and County with regulated NPDES discharges,unregulated discharges, past remediation efforts, and futureremediation efforts. The riverscan be classified based levelof quality, possibly a red, yellow, and green color system.Also, collect more water qualitytesting data that could beadded to the website. Thus allowing public to see past andcurrent tests at specified locations along the waterway. Thedata will allow anyone to figure whether river conditions areimproving or degrading, evenalong certain reaches of thewaterway. The website will create public awareness for thequality of our waterways. It will make businesses think twiceabout applying for discharge permits rather than gettingaway with unregulated discharges. And individuals will lookupon themselves for things they may be doing to contributeto waterway pollution, like that extra round of grassfertilizer.P, NEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.26.Inform people to use far less fertilizer/pesticide/herbicideand grow plants suitablefor local growing conditions.PEPA has a website on greenscaping. Seehttp://www.epa.gov/epawaste/conserve/rrr/greenscapes/owners.htm#why27.Use geospatial basis for publicinformation, start local andexpand using a mapPEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.28.Provide additional marketing for EPA and presentinformation in a way that enlists help from the public.Provide additional information on how citizens can contactthe EPA with environmental concernsP, AcCitizens can report environmental problems bycalling their regional EPA offices or on theinternet athttp://www.epa.gov/compliance/complaints/index.html7Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse29.Information provided should beput into context. Where adischarger operates a treatment facility, the informationmade available to the publicshould include the mass ofpollutants removed, as wellas the mass of pollutantsdischarged. The cost of operating the treatment facilityshould be available, including the cost per household forpublic facilities operated through user fees. A summarycross-media impacts of treatment should be provided,because pollutants removed through treatment do not simplydisappear, they end up somewhere else, and we need to beable to evaluate whether treatment that solves one problemmight actually create another, worse problemPWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.30.Data released should have linksadded to individual pollutantfact sheets and the quality assurance process for chemicaltest procedures to provide better contextPEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.31.Post farm management plans and effectiveness of existingBMP'sPThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.32.EPA ethics guidance with respect to employee participationin research projects creates anobstacle to scholarly research.Write a memo indicating EPA considers uncompensatedparticipation in scholarly studies for reasonable periods oftime to be an aspect of EPA employees official duties.AcWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.33.Expand the availability ofcomplete and historicalenforcement and compliance data.AcEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.8Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse34.Provide statistics by statute onthe number of inspections,complaints, compliance orders, penalties, citizen suits andreferrals to determine the level of aggregate enforcementactivity from year to year.AcEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.35.Upgrade the Permit Compliance System (PCS) database toinclude effluent limits,state actions, SupplementalEnvironmental Projects (SEPs), minors, treatment capacity.Add unique identifiers to modules in Integrate ComplianceInformation System (ICIS).Ac, NGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.36.Explain how information links to plans and decisions.AcEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.37.Do and post on the web cost/benefit studies of differentcompliance assistance and enforcement strategiesAcEPA appreciates the input, but does notcurrently plan to implement this idea.38.Make information easier to find, hotlink all metrics andacronyms to definitions, create links between table andcharts.Ac, CEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.39.Create the ability to get the last 90 days worth of violationinformation for a locality in one click on ECHO.CEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.40.Make state semiannual reports available online.CThere is insufficient information for EPA torespond adaquately.41.Allow users of ECHO to track actions in EnvironmentalJustice communities and the outcomes of enforcementactions easier.CEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.42.Provide a matrix online of who has jurisdiction over whatenvironmental issues, so it iseasier for individuals to knowwho to call with questions and concerns.CAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.Improving Performance9Table of Ideas Submitted and EPA ResponsesIdeaSourceResponseStrengthening State and Tribal Programs andEPA Direct Implementation43.Revise Authorization Agreements,so that they are up to dateand consistent - this includes Memoranda of Agreement(MOAs), Memoranda of Understanding MOUs, etc. It mayalso require changing theAugust 25, 1986 Revised PolicyFramework for EPA/State Enforcement Agreements (BarnesMemo).A, PEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.44.Create Annual Enforcement Agreements coveringexpectationsA, CEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.45.Revise 106 Grant Agreements ( PPAs, PPGs, CategoricalGrants) to explicitly include enforcement programrequirementsA, NGOsEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.46.Make minimum program elements apply to EPA programsas it would apply to states. These elements would go into theNPM Guidance.EEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.47.Tie performance to funding and more funding to thoseregions with direct implementation responsibilitiesP, CEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.48.Require updated enforcement policies to include allnecessary improvements as a requirement for fundingagreements.AcEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.49.Do more escalation of oversight where appropriate,including increased interaction and reporting from states onperformance issues, overfilling and withdrawal of poorperforming programs where there is no will to improve.Ac, CEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.50.Partners with states to bemore aggressive with nonpointsourcesAEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.10Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse51.Improve / increase enforcement for construction andindustrial stormwaterNGOs, PEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.52.Put an EPA person in a state where they are not doingenough inspections and enforcement, so EPA can observe.NGOsEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.53.Provide more stringent oversight of state permits (writepermits better because permit requirements don’t alwaysappear in permits), inspections and enforcement and thetrends on them from agency reorganizationsNGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.54.Examine state rules for inconsistencies with the CWANGOsEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.55.Eliminate general permits for mines.NGOsThe U.S. Army Corps of Engineers (Corps) iscurrently seeking public input on a proposal tosuspend/modify the use of Nationwide Permit21 for surface coal mining activities in theAppalachian region. Written comments maybe submitted to the Corps until October 26,2009.56.Do more Concentrated AnimalFeeding Operation (CAFO)enforcement. Establish a CAFO strike force and build goodcase law.NGOs, P, AcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.57.Revise the CAFO rule.NGOsThere isinsufficient information for EPA torespond adaquately.58.Enforce against CAFOs discharging without a permit.Monitoring could be done above and below CAFOs withdeterminations made about whether the CAFO isdischarging.NGOsEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.11Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse59.Dry weather discharges from tile drains at CAFOs do not fallwithin the provision exemptingagricultural stormwater andoccur frequently in the Midwest as a result of wet manurebeing placed on fields with shallow drains or because the tiledrains are attached togroundwater. EPA should do thedetective work necessary to bring cases against CAFOmanure application that results in such wet weatherdischarges.NGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.60.EPA should begin monitoring compliance with stormwatergeneral permits and should bring enforcement actions againstparties that did not create stormwater pollution preventionplans or failed to follow their plans or other general permitconditions.NGOsEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.61.Post stormwater pollution prevention plans online.PEPA appreciates the input, but does notcurrently plan to implement this idea.62.EPA should pursue enforcement against mining andconstruction firms that violate 404 permit conditions.NGOsPursuant to the 1989 MOA between theDepartment of Army and EPA, the Corpsserves as the lead enforcement agency forviolations of Corps-issued Clean Water Act(CWA) Section 404 permit conditions. EPAactively coordinates with the Corps in thesematters as appropriate, as well as in situationsinvolving unpermitted discharge violations.63.Establish a state liaison thatcan go and get state info forcitizens when the state will not give it to them. EPA couldmake this part of its oversight function.NGOsEPA appreciates the input, but does notcurrently plan to implement this idea.64.Break down barriers between the federal agencies –EPA/USDA/NRCS.NGOsEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.12Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse65.Look at the Occupational Healthand Safety Administration(OSHA) and Colorado (CO) models for tools and ideas.IEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.66.Target non-permit filers (construction) and connectstormwater permits to building permits, so they can be moreeasily tracked.IEPA appreciates the input, but does notcurrently plan to implement this idea.67.Work with Congress to pass the Clean Water Restoration Actand seek additional changes to strengthen enforcementauthorities and allow citizen suits for 404 permits.NGOsThis idea may be beyond EPA’s currentstatutory authority.68.Enforcement penalties for both governmental and citizensuits should go to a clean water trust fund to use forpreservation, protection, and restoration of water resources.NGOsThis idea may be beyond EPA’s currentstatutory authority.69.As tribes develop more water quality standards, EPA needsto do more capacity building and provide more technicalsupport (training in drafting tribal laws with enforcementprovisions, permit writing, inspections, and enforcement,etc.). Increased tribal enforcement capacity can facilitatepenalty splitting and tribes seeking treatment in the samemanner as a state for the CWA program.TThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.70.EPA should have more presence in Indian country becausethere are many violations thatare not being addressed. Thiswould include more meetings with Tribal elected officials.TEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.71.EPA should increase the use ofDirect Implementation TribalAgreements (DITCAs) and authorization of tribal inspectorswith federal credentials. These efforts enable tribes toperform EPA’s work in Indiancountry. This will requirededidcated fundingTEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.72.Take more enforcement actions at federal facilities.PEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.13Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse73.Work with the USDA NRCS to develop a program that willteach the construction industry true erosion andsedimentation controlsPEPA appreciates the input, but does notcurrently plan to implement this idea.74.Stronger enforcement and inspections, increased regulationsfor logging and mining, increased fines for violationsPEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.75.Develop a major community education/action plan for everywatershed. Promising a “A Clean Glass of Water” to everychild in AmericaPThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.76.Refine Water Quality Standards requirements to be moremeaningful and address all causes of impairment, e.g.: a)bacteria standards apply yearround b) numeric standards fornutrients c) ecological streamflow requirements d) accountfor surface-groundwater interactions e) prohibit physicalalterations of stream morphology and habitat (except asrequired to restore or improve)f) require other WQS criteriabe adopted by states in a timely manner, as needed toachieve goals and address real causes of impairmentPEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.77.Take any and all actions needed toensure that 100% of statesand all of Indian country have enforceable water qualitystandardsP, TThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.78.Sample and confirm that 100 % streams and waters are infull compliance with applicable standardsPAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA is inthe process of implementing this idea in wholeor in part.14Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse79.Highways, housing developments, construction projects,mining, agriculture, Oil & Gasand all harmful activitiesmust be subject to appropriate requirements - with noexemptionsPThis idea may be beyond EPA’s currentstatutory authority.80.Put some money and teeth into enforcement against illegaldumps in rural U.S. Outlaw/regulate junkyards and hugeauto salvage areas. Prohibit unregulated land application ofwastewater, septage or sludge.PEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.81.Impose setbacks and location restrictions on new landfills,industries, etc, away from streams and waterways.PEPA does this activity in part today. EPAgenerally also evaluates the effectiveness of itsprograms to consider opportunities forimprovement or enhancement.82.Hold cities/counties/states accountable for stormwaterquality, and give them authority to make individual propertyowners comply with BMPs and reasonable requirementsrelated to stormwater runoff, as necessary to meet standards.no exemptionsPEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.83.Require water conservation measures/green building for allprojects where federal dollarsare used. Develop incentivesfor everywhere else.PThis idea may be beyond EPA’s currentstatutory authority.84.Require all new developmentand construction to meetstandardized minimum requirements, e.g. - no building infloodplains - avoid wetlands andleave natural drainage waysintact - no channelization or concrete in streams -impoundments of stormwater, if needed, should beincorporated into greenbelts - limit removal of nativevegetation - limit vast expanses of concrete; use newmaterials that allow groundwater rechargePEPA does this activity in part today. EPAgenerally also evaluates the effectiveness of itsprograms to consider opportunities forimprovement or enhancement.15Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse85.Impose sustainable water use requirements - limit growth inareas where water is limited.PWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.86.Require monthly self-monitoringvisual inspections of allequipment for property ownersof facilities that havecontaminants.PEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.87.EPA should facilitate learning across states as part of theSRF and share information on actions and tools that increasecompliance, improve effectiveness and costs.AcEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.88.Experiment with contingent permits where technology is stillevolving.AcWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.89.Move away from a national enforcement model and insteadfocus on tailoring enforcement actions to the unique needs ofeach community.NEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.90.Develop a comprehensive SSO rule to provide communitieswith a greater level of consistency regarding SSOenforcement.NThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.91.Change enforcement posture in EPA Region 7 and 10, whichconsiders blending illegal.NEPA appreciates the input, but does notcurrently plan to implement this idea.92.Have more coordination between the Office of Water andOECA on enforcement consent decrees and other issues.NEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.16Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse93.EPA should consider mandatingthe adoption of a specificminimum penalty matrix for each media program for thestates.PEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.94.Create a pharmaceutical take back program to prevent thesechemicals from entering WWTP and water systemPThis idea may be beyond EPA’s currentstatutory authority.95.Clearly define the scope of CWA jurisdiction through a rule.IAs stated intwo individualletters that theAgency sent to Senator Barbara Boxer andRepresentative James Oberstar on theCommittee on Environment and Public Workson May 20, 2009, EPA believes enactment oflegislation amending the Clean Water Actwould go along way toward addressingsubstantial confusion and uncertainty arisingfrom recent Supreme Court decisions. Sinceexisting guidance documents and supportingregulations can be revised to clarify the scopeof Clean Water Act jurisdiction only to alimited degree, a clear statement ofCongressional intent is needed to provide afoundation for steadyand predictableimplementation of the Clean Water Act in theyears to come.96.Develop an industry-wide stormwater and training andeducation program with audio and standup training modulesto accompany the SWPPP GuideIEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.97.Define what constitutes a “complete” 404 permit application.IFurther information on what constitutes acomplete application can be found in Corpsregulations at 33 CFR Part 325.17Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse98.Make stormwater training mandatory for new inspectorsIEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.99.Improve administration of the NPDES program by adoptingand implementing Single Lot Permits for small builders,encourage states to adopt the Qualifying Local Program, andallow No Discharge Voluntary Certifications.IThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.100.Improve enforcement by targeting nonfilers and codify aright to cure paper violations.IEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.Planning101.Require EPA regions to meet atleast on an annual basis withstates to do planning, develop work plans, clarify roles andresponsibilities, talk aboutjoint compliance strategies,coverage, etcA, EEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.102.There should be tribal law training for the judicial branch ofgovernment.TWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.103.EPA should strive to provide better cross trainingopportunities for Resource Conservation and Recovery Act(RCRA) and solid waste inspection staff, so that wastedisposal, recycling and waste handling activities do notfurther degrade waterways.PEPA appreciates the input, but does notcurrently plan to implement this idea.104.Conduct strategic enforcement by watershed and bring aseries of cases at once.AcEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.18Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse105.Use SEPs and tools more proactively to enableenvironmental improvementsAc, TAlthough not expressly included in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.Resources106.States need to tap into EPA resources (expertise)EEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.107.Determine the universe of resources for Clean Water Actenforcement and make public.CEPA appreciates the input, but does notcurrently plan to implement this idea.108.Reconsider the cost and use of a central EPA database.AEPA appreciates the input, but does notcurrently plan to implement this idea.109.Focus NPDES rule on minimum data elements and don’trequire a mechanism for sharing the dataAEPA appreciates the input, but does notcurrently plan to implement this idea.110.Continue to move forward withmaintaining ICIS-NPDES asa warehouse, but for the wet weather universe, nationalreporting of aggregate/summarydata should be sufficient.AEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.111.Promote joint training on Phase II permits to help buildersand communities save resourcesand make compliance issuesmore transparent. This was done with a grant in TX.IEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.112.Increase CWA Section 106 Tribal Water Pollution Controlgrants, make them more flexible and cover Operation andMaintenance (O&M) costs. ($1Mfor DI Tribal CooperativeAgreements)TThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.19Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse113.EPA should share (split) penalties with tribes forenforcement actions that arise in Indian country.TEPA addressed this issue in a March 11, 2005memo, Joint Collection ofPenalties with Stateand Local Governments and FederallyRecognized Indian Tribes, from ThomasSkinner, OECA Acting AssistantAdministrator.(Seehttp://www.epa.gov/compliance/resources/policies/civil/rcra/jointcollectionofpenaltiesmem.pdf)114.EPA should streamline grant reporting requirements.TWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.115.Develop an enforcement and compliance training grant fortribesTEPA appreciates the input, but does notcurrently plan to implement this idea.116.Increase regional funds for training tribes and help moretribal inspectors get federal credentialsTEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.117.Provide additional support totribes participating in theInformation Exchange Network. Funds will run out andtribes will not be able to afford continued participationTWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.20Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse118.Provide access to EPA innovation grants to tribesTWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.119.Implement electronic ticket process for violation of permitlimitsPEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.120.Implement on-site fines during inspectionsPEPAwill further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.121.Station 1 EPA employee at each state office and thesepositions should rotate or hire independent contractors to dothis.PEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.122.Require EPA regional offices to reorganize enforcementresources to parallel EPA HQ and assign complianceassistance activities to the media offices.AcWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.123.Institute a limited periodic rotation of HQ enforcement andregulatory staff to raise awareness of enforcementconsiderations in regulations.AcEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.124.Explore using compliance surveyors to lower compliancemeasurement costs. Test MA ERP approach for loweringcosts too.AcEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.Policies125.EPA should create uniform enforcement guidance across allprograms. For example, how to measure timely andappropriate should be the samefrom one program to thenext.EAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.21Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse126.EPA should update and standardize policies on waterenforcement. For example, the water EnforcementManagement System (EMS) and Barnes memo are too oldand out of date.EEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.127.Link to state databases rather than requiring states to feedICIS-NPDES. Use state databases as the database of recordfor program oversightAEPA appreciates the input, but does notcurrently plan to implement this idea.128.Update EPA’s existing regulations and associatedenforcement policies to broaden/replace the existingdefinition of “major” facility to include “wet weather”discharges and other significant non-major sources of waterpollution that are major contributors to water qualityimpairments. This could alsobe based on risk or toxicity.NGOsEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.129.Fill in gaps in the SNC definition and ensure the inclusion ofbacteria violations.AcEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.130.Define through a rule what“diligent prosecution” of aviolation means. This would include economic benefit, anenforceable compliance schedule with reasonabletimeframes, and the achievement of compliance withoutmultiple extensions.NGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.131.Issue a rule to protect the level of instream flows and havewater budgets for watershed sothey do not get too low andaffect the biota of the streamNGOsWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.22Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse132.Change federal stormwater regulations because they waivepermit limits when its raining (at coal mines)NGOsThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.133.Use a rule / MOAs / program approvals to limit complianceschedule timelinesNGOsEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.134.Make CAFO and permit requirements more clear forpermittees.IThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.135.Make water quality standards more meaningful. They haveto be something that can actually be complied with.Narrative limits are an issue because states and EPA interpretthem differently.IEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.136.Inspect more frequently and reward facilities that haveconsistently been in compliance through reduced inspectionfrequency and focus on recalcitrancePEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.137.Remove chemicals from drinking water especially fluoridePWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.138.Determine enforcement expectations and managementstructure for the vessel program. Provide more oversight andrequired training for the vessel program.PAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.139.Do some site visits selected by citizen groups instead of thestate agencyPEPA appreciates the input, but does notcurrently plan to implement this idea.23Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse140.Use the environmental outcome model that EPA promotes todemonstrate that minor facilities, like air facilities, have acertain potential to emit pollutants through their respectiveeffluents.PEPA appreciates the input, but does notcurrently plan to implement this idea.141.Give funding and priority to stream restoration, constructionof wetlands, and other water quality enhancing projectsPEPA is actively engaged in providing grantswhich support State, tribal and local efforts toprotect wetlands and other aquatic resources byproviding funds to enhance existing programsor develop new programs.142.Work with DOJ to have prison inmates work on waterquality initiatives across the country.PWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.143.Require tertiary level at all wastewater treatment plantsPThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.144.Outlaw chemical lawn fertilizers and requireenvironmentally friendly ones be developed.PWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.145.Develop a regulation defining how states must comply withpublic notice and comment requirements. Consider using aFederal Advisory Committee (FACA).AcWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.24Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse146.Streamline the “treatment as a state” approval process forTribesTIn 2009, EPA issues new procedures forquickly reviewing TAS applications fromtribes. This includes TAS under the CWA. Seehttp://www.epa.gov/tribalportal/pdf/tasstrategy-attach-a.pdf147.Use incentives and Performance Track-type initiatives toencourage model behaviorT, AcEPA appreciates the input, but does notcurrently plan to implement this idea.148.Require state and local agencies to post their rules andregulations online and link from EPA website.PWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.Measurement149.Create a State Report Card posted on the web. Includeinformation about education, compliance assistance andresources.NGOs, PEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.150.Do annual state reports on the percentage of change forvarious metrics and rates, link toraw data, show trends, havewarning flags for problems, and label reports files with selfexplanatory names.AcEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.151.Use compliance rates as a measure instead of formalenforcement trackingAEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.25Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse152.Develop an approach based on significant compliance ratherthan SNC. Utilize the InspectionTargeting Model to create alist of NPDES majors that have strong records ofcompliance. This will allow Regions and states to shiftresources away from NPDES majors to NPDES minors withsignificant violations. Post the list of sources on EPA’s website. Focus on the positive numbersrather than the negative -80% compliance, not 20% SNC.AEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.153.Focus on compliance rather than on tool or activity toachieve it. Recognize the importance of informal actions toensure complianceEEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.154.EPA should focus on clean water goals, not enforcementnumbers and indicatorsE, NEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.155.States want less bean countingEEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.156.Form a small workgroup with States to identify performancemeasures that consider and include compliance assistance asa quantitative and qualitative aspect of a State’s program inconjunction with enforcement activities. The workgroupshould also consider other indicators of programperformance that maintain or improve water quality.AEPA appreciates the input, but does notcurrently plan to implement this idea.157.Develop performance measures withstates and articulate inthe NPM Guidance with connections between enforcement,compliance and outcomes.AEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.158.Focus oversight on program vulnerabilities or gaps ratherthan data deficiencies.AEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.26Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse159.Provide an adequacy determination in the SRFAEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.160.Form a standing workgroup to consider the resource impactsof new national enforcement and compliance policies andreduce the number of unfunded mandates to states.AThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.161.Consider adequacy of government capacity when providingresources oversight and expectationsAcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.162.Revisit performance metrics and measure EPA and states onthe same standardsAcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.163.Show how data relates to goalsand targets in performanceplans and GPRAAcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.164.Show trends in the context of regulatory and policy changesAcEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.165.Create capacity for members of the public to post theiranalysis using EPA dataAcEPA appreciates the input, but does notcurrently plan to implement this idea.166.Expand the State Review Framework to explain more detailsof what is happening in eachstate. Integrate SRFrecommendations into all relevant EPA/state plans. Useelement 13 as a starting point rather than an add on.AcAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA is inthe process of implementing this idea in wholeor in part.167.Use planning and implementation approaches developed bysocial marketers.AcEPA appreciates the input. EPA does thisactivity in part today, and has no current plansto change this.27Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse168.Expand the Massachusetts Common Measures project toCWA programs.AcAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.169.Use and share information on pollution incidents, permitexceedances, emission trends, complaints, ambientconditions, and health for priority setting.AcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.170.Have a way to measure success based on the value of dollarsspent to increase water qualityand not just the number ofactions for an enforcement plan.NEPA appreciates the input, but does notcurrently plan to implement this idea.171.Put greater emphasis on agriculture and nonpoint sources.NEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.172.Have measurement focus on outcomes. Because aquatic lifeis often the most sensitive use of a water body, assessing thehealth of the water body in terms of diversity, abundance,and health of aquatic life should be the master measurement.Chemical standards and management program requirementsshould be subordinate to the health of the aquaticcommunity. For recreational waters, measurement shouldfocus on a decrease in the number of illnesses related torecreational water exposurePThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.173.The EPA should incorporate a procedure into theenforcement and compliance program that considers thenumber of constituents and frequency a facility is required tomonitor for compliance determinations not just thepercentagePEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.174.Implement a method for gathering information on the fulluniverse of homebuildersIEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.Expand the Use of Technology28Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse175.Increase deterrence by posting more real time violation dataand have electronic alerts to the public for SNCPEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.176.Require electronic DMRs from all permittees, majors andnon-majors.AcEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.177.EPA should embrace the Exchange Network node approachAEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.178.Encourage e-tools and considerrevisions to the CROMERRrule.AEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.179.For those water quality parameters, switch from using themethods outlined in Standard Methods which rely onculturable assays. Thecurrent analytical methods which relyon growing these organisms are not specific enough forenforcement or compliance activities. In addition, these teststake days rather than hoursto get results. Switching tomolecular based methods using QPCR for these tests arevery specific and legally defensible. Costs are comparable.PThis comment relates primarily toimplementation of the Clean Water Actrequirements as opposed to compliance andenforcement. EPA will consider it separatelyas appropriate.180.Improve and upgrade electronicsystems before moving to etools.NAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA is inthe process of implementing this idea in wholeor in part.181.Do permit standardization before moving to e-reporting.NEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.182.Create the ability for the public to receive text messages andemail alerts regarding water quality actions and notices oflocal violations.CEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.29Table of Ideas Submitted and EPA ResponsesIdeaSourceResponseMessaging183.Build a communications strategy to explain informationclearlyAEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.184.Use more trend analysis as a way to communicateinformationAEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.185.Show where a rare occurrence (wet weather) can have severeeffectsAEPA appreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.186.Provide information on loadings instead of violationsAWe think it is importantto provide informationon loadingsandviolations. EPA willimplement this idea in whole or in part as itproceeds to implement the Clean Water ActEnforcement Action Plan.187.Provide context for SRF reportsEEPA will implement this idea in whole or inpart as it proceeds to implement the CleanWater Act Enforcement Action Plan.Making Linkages188.Link to state data where EPA does not have data in a federalsystem.EAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA is inthe process of implementing this idea in wholeor in part.189.Reflect compliance assistance dataEEPAappreciates the input. EPA does thisactivity in part today, and will considerenhancements in the future.30Table of Ideas Submitted and EPA ResponsesIdeaSourceResponse190.Help tribes share technology with other tribes.TWhile EPA appreciates the comment, it isoutside the scope of the Clean Water Actcompliance and enforcement program. Thus, itis not part of the Clean Water Act EnforcementAction Plan.191.Link data to California EPA,California Water QualityControl Board, California Water Resources Agency, and thePacific InstitutePEPA will further evaluate this idea as part ofthe Clean Water Act Enforcement Action Plan.192.Integrate data with U.S. Coast Survey, Coast Guard'sEnvironmental Enforcement Branch, Army Corps ofEngineers, and CA Public Health AgencyPAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.193.Link to USGS monitoring dataNAlthoughnot expressly included in the CleanWater Act Enforcement Action Plan, EPA is inthe process of implementing this idea in wholeor in part.194.Link enforcement action descriptions in ECHO to stateorders and complaint documents.CAlthough not expresslyincluded in the CleanWater Act Enforcement Action Plan, EPA willfurther evaluate this idea in whole or in part.