1

U.S. EPA Responses to Public Input Received on Development of the Clean Water Act Enforcemen

October 15, 2009 

Introduction: In July 2009, EPA’s enforcement and compliance program was directed by the Administrator to examine the wat

program in light of information showing that water quality goals are not being met and that there are too many vi

places. To help satisfy this charge, EPA engaged in an outreach effort to solicit views from environmental commprogram managers, tribal representatives, environmental advocates, environmental justice groups, affected indus

The general public was also directly engaged through an EPA blog site. EPA is thankful for the input and ideas 

the ideas will be implemented in whole or in part as part of the Clean Water Act Enforcement Action Plan. Som

evaluated and other ideas fall outside of the scope of the Clean Water Act Enforcement Action Plan. The table b

of 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 = Academics C = Community Organizations E = Environmental Council of States (ECOS) I = Industry N = National Association of Clean Water Agencies (NACWA) NGOs = Non-Governmental Organizations (National Environmental) P = Public (blog comments) T = Tribes 
2

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

Providing More Data - Link Enforcement Data to Water Quality Goals and Outcomes 

1. Link water quality (303(d) and 305(b) data) and compliance 

information to show where nonpoint sources are causing the problems in order to build public support for nonpoint controls. Provide more on the reason behind streams being listed on the 303 (d) list of impaired waters and the lack of control of the true source of the reasoning behind most streams being listed as impaired. 

A, E, NGOs, P, Ac, N 

EPA will implement this part as it proceeds to impWater Act Enforcement A

2. Post all copies of enforcement actions and inspections 

reports and link to EPA’s Online Tracking and Information System (OTIS) database and Enforcement and Compliance History Online (ECHO) database. 

Ac, NGOs EPA will further evaluate 

the Clean Water Act Enfo

3. EPA should express the limitations of Round 1 SRF reports 

and highlight the importance of improvements and enhancements made for Round 2. 

A Although not expressly in

Water Act Enforcement Athe process of implementor in part. 

4. Provide better / more Municipal Separate Storm Sewer 

System (MS4) and stormwater information not covered by National Pollution Discharge Elimination System (NPDES).

NGOs Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

5. Provide information (and have states submit in a uniform 

manner) on how much money a state is spending on its Clean Water Act (CWA) enforcement program (federal and state money), the criteria for NPDES approval and the data behind it, and criteria for program withdrawal. Also, look at how many inspectors EPA has in water enforcement. 

NGOs, P, Ac EPA appreciates the inpu

currently plan to impleme
3

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

6. Show the number of excursions a facility has over a certain 

timeframe 

NGOs, Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

7. Identify and post on the web the worst actors (not just 

majors). 

NGOs EPA will further evaluate 

the Clean Water Act Enfo

8. Create a QNCR for minors and Make QNRCs available 

online. 

NGOs, C EPA appreciates the inpu

activity in part today, and enhancements in the futur

9. Make Congress and the public more aware of the costs of 

CWA efforts 

A EPA appreciates the inpu

activity in part today, and to change this. 

10. Make distinction between paper and environmental 

violations more clear in EPA databases and expend resources accordingly. 

A, I, Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

11. Make data error correction a faster process. Have more 

internal QA/QC on ECHO data. 

I, N EPA appreciates the inpu

activity in part today, and enhancements in the futur

12. Provide more context with stormwater and other data posted 

on the web that informs the public of whether the program is benefitting water quality. Explain why one state’s data 

differs from another and the appropriate caveats for its use. 

A, I, Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

13. Allow EPA and state inspectors to provide information on 

how to comply. EPA and state inspectors do not interpret permit requirements the same and they will not tell you how to comply, just that you are not doing it. 

I EPA appreciates the inpu

activity in part today, and to change this. 
4

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

14. EPA should coordinate discussions between states and tribes 

on transboundary water pollution and enforcement issues. 

This could include workshops and conferences to have increased and better communications, share information and recognitions of sovereignty. Consider holding a conference on these issues with tribes. 

T Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

15. EPA should address the unique jurisdictional issues that arise 

in Alaska associated with state primacy but Alaska Native Villages being concerned about water quality and 

enforcement 

T Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

16. Establish a new process or reinvigorate existing processes 

for giving downstream Indian reservations notice of upstream permitting actions. 

T EPA appreciates the inpu

activity in part today, and to change this. 

17. States need to improve coordination with tribes over water 

quality concerns that arise off-reservation in the context of 

usual and accustom areas specifically reserved in treaties between the United States and tribes. 

T Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

18. Coordinate agencies’ actions, so tribes don’t have to deal 

with multiple different entities 

T While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

19. Agencies should look at and use tribal monitoring data and 

tribes should have opportunity to provide input on how data is presented in the federal database 

T EPA will further evaluate 

the Clean Water Act Enfo
5

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

20. Provide education on recycling, self-sustainability and ecofriendly practices to residential and commercial consumers 

rather than developing more policy. 

P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

21. Take additional water samples during high onshore winds or 

nor’easter when bacteria levels rise. Neurotoxins from the Red Tides should be part of the water quality testing program and beaches should be posted and closed. Hospitals should be notified. 

P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

22. Add a component to the EPA Water Quality System that 

includes a companies water footprint and other data from the UN's CEO Water Mandate 

P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

23. Make data available that is closer to a 6th-7th grade reading 

level and clearly separate data by topic 

P EPA will further evaluate 

the Clean Water Act Enfo

24. Provide more press from EPA on companies with strong 

compliance history. 

P EPA appreciates the inpu

currently plan to impleme
6

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

25. Create a website of the Nation’s waterways organized by 

State and County with regulated NPDES discharges, unregulated discharges, past remediation efforts, and future 

remediation efforts. The rivers can be classified based level of quality, possibly a red, yellow, and green color system. Also, collect more water quality testing data that could be added to the website. Thus allowing public to see past and current tests at specified locations along the waterway. The data will allow anyone to figure whether river conditions are improving or degrading, even along certain reaches of the waterway. The website will create public awareness for the quality of our waterways. It will make businesses think twice about applying for discharge permits rather than getting away with unregulated discharges. And individuals will look upon themselves for things they may be doing to contribute to waterway pollution, like that extra round of grass fertilizer. 

P, N EPA appreciates the inpu

activity in part today, and enhancements in the futur

26. Inform people to use far less fertilizer/pesticide/herbicide 

and grow plants suitable for local growing conditions. 

P EPA has a website on gre

http://www.epa.gov/epaw

nscapes/owners.htm#why

27. Use geospatial basis for public information, start local and 

expand using a map 

P EPA will implement this 

part as it proceeds to impWater Act Enforcement A

28. Provide additional marketing for EPA and present 

information in a way that enlists help from the public. Provide additional information on how citizens can contact the EPA with environmental concerns 

P, Ac Citizens can report enviro

calling their regional EPA internet at http://www.epa.gov/comp

dex.html
7

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

29. Information provided should be put into context. Where a 

discharger operates a treatment facility, the information made available to the public should include the mass of pollutants removed, as well as the mass of pollutants discharged. The cost of operating the treatment facility should be available, including the cost per household for public facilities operated through user fees. A summary cross-media impacts of treatment should be provided, because pollutants removed through treatment do not simply disappear, they end up somewhere else, and we need to be able to evaluate whether treatment that solves one problem might actually create another, worse problem 

P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

30. Data released should have links added to individual pollutant 

fact sheets and the quality assurance process for chemical test procedures to provide better context 

P EPA appreciates the inpu

activity in part today, and enhancements in the futur

31. Post farm management plans and effectiveness of existing 

BMP's 

P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

32. EPA ethics guidance with respect to employee participation 

in research projects creates an obstacle to scholarly research. Write a memo indicating EPA considers uncompensated participation in scholarly studies for reasonable periods of time to be an aspect of EPA employees official duties. 

Ac While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

33. Expand the availability of complete and historical 

enforcement and compliance data. 

Ac EPA appreciates the inpu

activity in part today, and to change this. 
8

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

34. Provide statistics by statute on the number of inspections, 

complaints, compliance orders, penalties, citizen suits and referrals to determine the level of aggregate enforcement activity from year to year. 

Ac EPA appreciates the inpu

activity in part today, and enhancements in the futur

35. Upgrade the Permit Compliance System (PCS) database to 

include effluent limits, state actions, Supplemental 

Environmental Projects (SEPs), minors, treatment capacity. Add unique identifiers to modules in Integrate Compliance Information System (ICIS). 

Ac, NGOs EPA will further evaluate 

the Clean Water Act Enfo

36. Explain how information links to plans and decisions. Ac EPA appreciates the inpu

activity in part today, and enhancements in the futur

37. Do and post on the web cost/benefit studies of different 

compliance assistance and enforcement strategies 

Ac EPA appreciates the inpu

currently plan to impleme

38. Make information easier to find, hotlink all metrics and 

acronyms to definitions, create links between table and charts. 

Ac, C EPA will implement this 

part as it proceeds to impWater Act Enforcement A

39. Create the ability to get the last 90 days worth of violation 

information for a locality in one click on ECHO. 

C EPA will further evaluate 

the Clean Water Act Enfo

40. Make state semiannual reports available online. C There is insufficient infor

respond adaquately. 

41. Allow users of ECHO to track actions in Environmental 

Justice communities and the outcomes of enforcement actions easier. 

C EPA will further evaluate 

the Clean Water Act Enfo

42. Provide a matrix online of who has jurisdiction over what 

environmental issues, so it is easier for individuals to know 

who to call with questions and concerns. 

C Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

Improving Performance 
9

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

Strengthening State and Tribal Programs and EPA Direct Implementation 

43. Revise Authorization Agreements, so that they are up to date 

and consistent - this includes Memoranda of Agreement (MOAs), Memoranda of Understanding MOUs, etc. It may also require changing the August 25, 1986 Revised Policy Framework for EPA/State Enforcement Agreements (Barnes Memo). 

A, P EPA will implement this 

part as it proceeds to impWater Act Enforcement A

44. Create Annual Enforcement Agreements covering 

expectations 

A, C EPA will implement this 

part as it proceeds to impWater Act Enforcement A

45. Revise 106 Grant Agreements ( PPAs, PPGs, Categorical 

Grants) to explicitly include enforcement program requirements 

A, NGOs EPA will implement this 

part as it proceeds to impWater Act Enforcement A

46. Make minimum program elements apply to EPA programs 

as it would apply to states. These elements would go into the 

NPM Guidance. 

E EPA will implement this 

part as it proceeds to impWater Act Enforcement A

47. Tie performance to funding and more funding to those 

regions with direct implementation responsibilities 

P, C EPA will further evaluate 

the Clean Water Act Enfo

48. Require updated enforcement policies to include all 

necessary improvements as a requirement for funding agreements. 

Ac EPA will further evaluate 

the Clean Water Act Enfo

49. Do more escalation of oversight where appropriate, 

including increased interaction and reporting from states on 

performance issues, overfilling and withdrawal of poor performing programs where there is no will to improve. 

Ac, C EPA will implement this 

part as it proceeds to impWater Act Enforcement A

50. Partners with states to be more aggressive with nonpoint 

sources 

A EPA appreciates the inpu

activity in part today, and enhancements in the futur
10

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

51. Improve / increase enforcement for construction and 

industrial stormwater 

NGOs, P EPA will implement this 

part as it proceeds to impWater Act Enforcement A

52. Put an EPA person in a state where they are not doing 

enough inspections and enforcement, so EPA can observe. 

NGOs EPA appreciates the inpu

activity in part today, and to change this. 

53. Provide more stringent oversight of state permits (write 

permits better because permit requirements don’t always appear in permits), inspections and enforcement and the trends on them from agency reorganizations 

NGOs EPA will further evaluate 

the Clean Water Act Enfo

54. Examine state rules for inconsistencies with the CWA NGOs EPA appreciates the inpu

activity in part today, and to change this. 

55. Eliminate general permits for mines. NGOs The U.S. Army Corps of 

currently seeking public isuspend/modify the use o21 for surface coal mininAppalachian region. Wribe submitted to the Corps 2009. 

56. Do more Concentrated Animal Feeding Operation (CAFO) 

enforcement. Establish a CAFO strike force and build good case law. 

NGOs, P, Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

57. Revise the CAFO rule. NGOs There is insufficient infor

respond adaquately. 

58. Enforce against CAFOs discharging without a permit. 

Monitoring could be done above and below CAFOs with determinations made about whether the CAFO is discharging. 

NGOs EPA will implement this 

part as it proceeds to impWater Act Enforcement A
11

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

59. Dry weather discharges from tile drains at CAFOs do not fall 

within the provision exempting agricultural stormwater and 

occur frequently in the Midwest as a result of wet manure being placed on fields with shallow drains or because the tile drains are attached to groundwater. EPA should do the detective work necessary to bring cases against CAFO manure application that results in such wet weather discharges. 

NGOs EPA will further evaluate 

the Clean Water Act Enfo

60. EPA should begin monitoring compliance with stormwater 

general permits and should bring enforcement actions against parties that did not create stormwater pollution prevention 

plans or failed to follow their plans or other general permit conditions. 

NGOs EPA will implement this 

part as it proceeds to impWater Act Enforcement A

61. Post stormwater pollution prevention plans online. P EPA appreciates the inpu

currently plan to impleme

62. EPA should pursue enforcement against mining and 

construction firms that violate 404 permit conditions. 

NGOs Pursuant to the 1989 MO

Department of Army and serves as the lead enforceviolations of Corps-issued (CWA) Section 404 permactively coordinates with matters as appropriate, as involving unpermitted dis

63. Establish a state liaison that can go and get state info for 

citizens when the state will not give it to them. EPA could make this part of its oversight function. 

NGOs EPA appreciates the inpu

currently plan to impleme

64. Break down barriers between the federal agencies – 

EPA/USDA/NRCS. 

NGOs EPA appreciates the inpu

activity in part today, and enhancements in the futur
12

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

65. Look at the Occupational Health and Safety Administration 

(OSHA) and Colorado (CO) models for tools and ideas. 

I EPA appreciates the inpu

activity in part today, and to change this. 

66. Target non-permit filers (construction) and connect 

stormwater permits to building permits, so they can be more easily tracked. 

I EPA appreciates the inpu

currently plan to impleme

67. Work with Congress to pass the Clean Water Restoration Act 

and seek additional changes to strengthen enforcement authorities and allow citizen suits for 404 permits. 

NGOs This idea may be beyond 

statutory authority. 

68. Enforcement penalties for both governmental and citizen 

suits should go to a clean water trust fund to use for preservation, protection, and restoration of water resources. 

NGOs This idea may be beyond 

statutory authority. 

69. As tribes develop more water quality standards, EPA needs 

to do more capacity building and provide more technical support (training in drafting tribal laws with enforcement provisions, permit writing, inspections, and enforcement, etc.). Increased tribal enforcement capacity can facilitate penalty splitting and tribes seeking treatment in the same manner as a state for the CWA program. 

T This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

70. EPA should have more presence in Indian country because 

there are many violations that are not being addressed. This 

would include more meetings with Tribal elected officials. 

T EPA will further evaluate 

the Clean Water Act Enfo

71. EPA should increase the use of Direct Implementation Tribal 

Agreements (DITCAs) and authorization of tribal inspectors 

with federal credentials. These efforts enable tribes to perform EPA’s work in Indian country. This will require dedidcated funding 

T EPA appreciates the inpu

activity in part today, and enhancements in the futur

72. Take more enforcement actions at federal facilities. P EPA will further evaluate 

the Clean Water Act Enfo
13

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

73. Work with the USDA NRCS to develop a program that will 

teach the construction industry true erosion and sedimentation controls 

P EPA appreciates the inpu

currently plan to impleme

74. Stronger enforcement and inspections, increased regulations 

for logging and mining, increased fines for violations 

P EPA appreciates the inpu

activity in part today, and enhancements in the futur

75. Develop a major community education/action plan for every 

watershed. Promising a “A Clean Glass of Water” to every child in America 

P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

76. Refine Water Quality Standards requirements to be more 

meaningful and address all causes of impairment, e.g.: a) bacteria standards apply year round b) numeric standards for 

nutrients c) ecological stream flow requirements d) account for surface-groundwater interactions e) prohibit physical alterations of stream morphology and habitat (except as required to restore or improve) f) require other WQS criteria be adopted by states in a timely manner, as needed to achieve goals and address real causes of impairment 

P EPA appreciates the inpu

activity in part today, and enhancements in the futur

77. Take any and all actions needed to ensure that 100% of states 

and all of Indian country have enforceable water quality standards 

P, T This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

78. Sample and confirm that 100 % streams and waters are in 

full compliance with applicable standards 

P Although not expressly in

Water Act Enforcement Athe process of implementor in part. 
14

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

79. Highways, housing developments, construction projects, 

mining, agriculture, Oil & Gas and all harmful activities must be subject to appropriate requirements - with no exemptions 

P This idea may be beyond 

statutory authority. 

80. Put some money and teeth into enforcement against illegal 

dumps in rural U.S. Outlaw/regulate junkyards and huge auto salvage areas. Prohibit unregulated land application of 

wastewater, septage or sludge. 

P EPA appreciates the inpu

activity in part today, and enhancements in the futur

81. Impose setbacks and location restrictions on new landfills, 

industries, etc, away from streams and waterways. 

P EPA does this activity in 

generally also evaluates tprograms to consider oppimprovement or enhancem

82. Hold cities/counties/states accountable for stormwater 

quality, and give them authority to make individual property owners comply with BMPs and reasonable requirements related to stormwater runoff, as necessary to meet standards. no exemptions 

P EPA will further evaluate 

the Clean Water Act Enfo

83. Require water conservation measures/green building for all 

projects where federal dollars are used. Develop incentives 

for everywhere else. 

P This idea may be beyond 

statutory authority. 

84. Require all new development and construction to meet 

standardized minimum requirements, e.g. - no building in floodplains - avoid wetlands and leave natural drainage ways intact - no channelization or concrete in streams - impoundments of stormwater, if needed, should be incorporated into greenbelts - limit removal of native vegetation - limit vast expanses of concrete; use new materials that allow groundwater recharge 

P EPA does this activity in 

generally also evaluates tprograms to consider oppimprovement or enhancem
15

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

85. Impose sustainable water use requirements - limit growth in 

areas where water is limited. 

P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

86. Require monthly self-monitoring visual inspections of all 

equipment for property owners of facilities that have contaminants. 

P EPA appreciates the inpu

activity in part today, and to change this. 

87. EPA should facilitate learning across states as part of the 

SRF and share information on actions and tools that increase compliance, improve effectiveness and costs. 

Ac EPA appreciates the inpu

activity in part today, and enhancements in the futur

88. Experiment with contingent permits where technology is still 

evolving. 

Ac While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

89. Move away from a national enforcement model and instead 

focus on tailoring enforcement actions to the unique needs of each community. 

N EPA appreciates the inpu

activity in part today, and to change this. 

90. Develop a comprehensive SSO rule to provide communities 

with a greater level of consistency regarding SSO enforcement. 

N This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

91. Change enforcement posture in EPA Region 7 and 10, which 

considers blending illegal. 

N EPA appreciates the inpu

currently plan to impleme

92. Have more coordination between the Office of Water and 

OECA on enforcement consent decrees and other issues. 

N EPA will implement this 

part as it proceeds to impWater Act Enforcement A
16

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

93. EPA should consider mandating the adoption of a specific 

minimum penalty matrix for each media program for the states. 

P EPA will further evaluate 

the Clean Water Act Enfo

94. Create a pharmaceutical take back program to prevent these 

chemicals from entering WWTP and water system 

P This idea may be beyond 

statutory authority. 

95. Clearly define the scope of CWA jurisdiction through a rule. I As stated in two individu

Agency sent to Senator BRepresentative James ObCommittee on Environmeon May 20, 2009, EPA belegislation amending the would go along way towasubstantial confusion and from recent Supreme Couexisting guidance documeregulations can be revised of Clean Water Act jurisdlimited degree, a clear staCongressional intent is nefoundation for steady and implementation of the Clyears to come. 

96. Develop an industry-wide stormwater and training and 

education program with audio and standup training modules to accompany the SWPPP Guide 

I EPA appreciates the inpu

activity in part today, and to change this. 

97. Define what constitutes a “complete” 404 permit application. I Further information on w

complete application can regulations at 33 CFR Pa
17

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

98. Make stormwater training mandatory for new inspectors I EPA appreciates the inpu

activity in part today, and to change this. 

99. Improve administration of the NPDES program by adopting 

and implementing Single Lot Permits for small builders, encourage states to adopt the Qualifying Local Program, and 

allow No Discharge Voluntary Certifications. 

I This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

100. Improve enforcement by targeting nonfilers and codify a 

right to cure paper violations. 

I EPA appreciates the inpu

activity in part today, and to change this. 

Planning 

101. Require EPA regions to meet at least on an annual basis with 

states to do planning, develop work plans, clarify roles and responsibilities, talk about joint compliance strategies, coverage, etc 

A, E EPA will implement this 

part as it proceeds to impWater Act Enforcement A

102. There should be tribal law training for the judicial branch of 

government. 

T While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

103. EPA should strive to provide better cross training 

opportunities for Resource Conservation and Recovery Act (RCRA) and solid waste inspection staff, so that waste disposal, recycling and waste handling activities do not 

further degrade waterways. 

P EPA appreciates the inpu

currently plan to impleme

104. Conduct strategic enforcement by watershed and bring a 

series of cases at once. 

Ac EPA will further evaluate 

the Clean Water Act Enfo
18

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

105. Use SEPs and tools more proactively to enable 

environmental improvements 

Ac, T Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

Resources 

106. States need to tap into EPA resources (expertise) E EPA will implement this 

part as it proceeds to impWater Act Enforcement A

107. Determine the universe of resources for Clean Water Act 

enforcement and make public. 

C EPA appreciates the inpu

currently plan to impleme

108. Reconsider the cost and use of a central EPA database. A EPA appreciates the inpu

currently plan to impleme

109. Focus NPDES rule on minimum data elements and don’t 

require a mechanism for sharing the data 

A EPA appreciates the inpu

currently plan to impleme

110. Continue to move forward with maintaining ICIS-NPDES as 

a warehouse, but for the wet weather universe, national reporting of aggregate/summary data should be sufficient. 

A EPA will further evaluate 

the Clean Water Act Enfo

111. Promote joint training on Phase II permits to help builders 

and communities save resources and make compliance issues 

more transparent. This was done with a grant in TX. 

I EPA appreciates the inpu

activity in part today, and to change this. 

112. Increase CWA Section 106 Tribal Water Pollution Control 

grants, make them more flexible and cover Operation and Maintenance (O&M) costs. ($1M for DI Tribal Cooperative 

Agreements) 

T This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 
19

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

113. EPA should share (split) penalties with tribes for 

enforcement actions that arise in Indian country. 

T EPA addressed this issue 

memo, Joint Collection oand Local Governments aRecognized Indian TribesSkinner, OECA Acting AAdministrator. (See http://www.epa.gov/compcies/civil/rcra/jointcollectmem.pdf) 

114. EPA should streamline grant reporting requirements. T While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

115. Develop an enforcement and compliance training grant for 

tribes 

T EPA appreciates the inpu

currently plan to impleme

116. Increase regional funds for training tribes and help more 

tribal inspectors get federal credentials 

T EPA appreciates the inpu

activity in part today, and to change this. 

117. Provide additional support to tribes participating in the 

Information Exchange Network. Funds will run out and tribes will not be able to afford continued participation 

T While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 
20

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

118. Provide access to EPA innovation grants to tribes T While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

119. Implement electronic ticket process for violation of permit 

limits 

P EPA will further evaluate 

the Clean Water Act Enfo

120. Implement on-site fines during inspections P EPA will further evaluate 

the Clean Water Act Enfo

121. Station 1 EPA employee at each state office and these 

positions should rotate or hire independent contractors to do this. 

P EPA appreciates the inpu

activity in part today, and to change this. 

122. Require EPA regional offices to reorganize enforcement 

resources to parallel EPA HQ and assign compliance assistance activities to the media offices. 

Ac While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

123. Institute a limited periodic rotation of HQ enforcement and 

regulatory staff to raise awareness of enforcement considerations in regulations. 

Ac EPA appreciates the inpu

activity in part today, and to change this. 

124. Explore using compliance surveyors to lower compliance 

measurement costs. Test MA ERP approach for lowering costs too. 

Ac EPA appreciates the inpu

activity in part today, and to change this. 

Policies 

125. EPA should create uniform enforcement guidance across all 

programs. For example, how to measure timely and appropriate should be the same from one program to the 

next. 

E Although not expressly in

Water Act Enforcement Afurther evaluate this idea 
21

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

126. EPA should update and standardize policies on water 

enforcement. For example, the water Enforcement Management System (EMS) and Barnes memo are too old and out of date. 

E EPA will implement this 

part as it proceeds to impWater Act Enforcement A

127. Link to state databases rather than requiring states to feed 

ICIS-NPDES. Use state databases as the database of record for program oversight 

A EPA appreciates the inpu

currently plan to impleme

128. Update EPA’s existing regulations and associated 

enforcement policies to broaden/replace the existing definition of “major” facility to include “wet weather” discharges and other significant non-major sources of water pollution that are major contributors to water quality impairments. This could also be based on risk or toxicity. 

NGOs EPA will implement this 

part as it proceeds to impWater Act Enforcement A

129. Fill in gaps in the SNC definition and ensure the inclusion of 

bacteria violations. 

Ac EPA will further evaluate 

the Clean Water Act Enfo

130. Define through a rule what “diligent prosecution” of a 

violation means. This would include economic benefit, an enforceable compliance schedule with reasonable timeframes, and the achievement of compliance without multiple extensions. 

NGOs EPA will further evaluate 

the Clean Water Act Enfo

131. Issue a rule to protect the level of instream flows and have 

water budgets for watershed so they do not get too low and affect the biota of the stream 

NGOs While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 
22

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

132. Change federal stormwater regulations because they waive 

permit limits when its raining (at coal mines) 

NGOs This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

133. Use a rule / MOAs / program approvals to limit compliance 

schedule timelines 

NGOs EPA will further evaluate 

the Clean Water Act Enfo

134. Make CAFO and permit requirements more clear for 

permittees. 

I This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

135. Make water quality standards more meaningful. They have 

to be something that can actually be complied with. Narrative limits are an issue because states and EPA interpret them differently. 

I EPA appreciates the inpu

activity in part today, and enhancements in the futur

136. Inspect more frequently and reward facilities that have 

consistently been in compliance through reduced inspection frequency and focus on recalcitrance 

P EPA will implement this 

part as it proceeds to impWater Act Enforcement A

137. Remove chemicals from drinking water especially fluoride P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

138. Determine enforcement expectations and management 

structure for the vessel program. Provide more oversight and required training for the vessel program. 

P Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

139. Do some site visits selected by citizen groups instead of the 

state agency 

P EPA appreciates the inpu

currently plan to impleme
23

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

140. Use the environmental outcome model that EPA promotes to 

demonstrate that minor facilities, like air facilities, have a 

certain potential to emit pollutants through their respective effluents. 

P EPA appreciates the inpu

currently plan to impleme

141. Give funding and priority to stream restoration, construction 

of wetlands, and other water quality enhancing projects 

P EPA is actively engaged 

which support State, tribaprotect wetlands and otheproviding funds to enhanor develop new programs

142. Work with DOJ to have prison inmates work on water 

quality initiatives across the country. 

P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

143. Require tertiary level at all wastewater treatment plants P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

144. Outlaw chemical lawn fertilizers and require 

environmentally friendly ones be developed. 

P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

145. Develop a regulation defining how states must comply with 

public notice and comment requirements. Consider using a Federal Advisory Committee (FACA). 

Ac While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 
24

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

146. Streamline the “treatment as a state” approval process for 

Tribes 

T In 2009, EPA issues new 

quickly reviewing TAS atribes. This includes TAS http://www.epa.gov/tribastrategy-attach-a.pdf 

147. Use incentives and Performance Track-type initiatives to 

encourage model behavior 

T, Ac EPA appreciates the inpu

currently plan to impleme

148. Require state and local agencies to post their rules and 

regulations online and link from EPA website. 

P While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

Measurement 

149. Create a State Report Card posted on the web. Include 

information about education, compliance assistance and resources. 

NGOs, P EPA will further evaluate 

the Clean Water Act Enfo

150. Do annual state reports on the percentage of change for 

various metrics and rates, link to raw data, show trends, have 

warning flags for problems, and label reports files with self explanatory names. 

Ac EPA will further evaluate 

the Clean Water Act Enfo

151. Use compliance rates as a measure instead of formal 

enforcement tracking 

A EPA will further evaluate 

the Clean Water Act Enfo
25

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

152. Develop an approach based on significant compliance rather 

than SNC. Utilize the Inspection Targeting Model to create a 

list of NPDES majors that have strong records of compliance. This will allow Regions and states to shift resources away from NPDES majors to NPDES minors with significant violations. Post the list of sources on EPA’s web site. Focus on the positive numbers rather than the negative - 

80% compliance, not 20% SNC. 

A EPA will further evaluate 

the Clean Water Act Enfo

153. Focus on compliance rather than on tool or activity to 

achieve it. Recognize the importance of informal actions to ensure compliance 

E EPA will further evaluate 

the Clean Water Act Enfo

154. EPA should focus on clean water goals, not enforcement 

numbers and indicators 

E, N EPA appreciates the inpu

activity in part today, and enhancements in the futur

155. States want less bean counting E EPA will further evaluate 

the Clean Water Act Enfo

156. Form a small workgroup with States to identify performance 

measures that consider and include compliance assistance as a quantitative and qualitative aspect of a State’s program in conjunction with enforcement activities. The workgroup should also consider other indicators of program performance that maintain or improve water quality. 

A EPA appreciates the inpu

currently plan to impleme

157. Develop performance measures with states and articulate in 

the NPM Guidance with connections between enforcement, compliance and outcomes. 

A EPA will implement this 

part as it proceeds to impWater Act Enforcement A

158. Focus oversight on program vulnerabilities or gaps rather 

than data deficiencies. 

A EPA appreciates the inpu

activity in part today, and to change this. 
26

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

159. Provide an adequacy determination in the SRF A EPA will further evaluate 

the Clean Water Act Enfo

160. Form a standing workgroup to consider the resource impacts 

of new national enforcement and compliance policies and reduce the number of unfunded mandates to states. 

A This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

161. Consider adequacy of government capacity when providing 

resources oversight and expectations 

Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

162. Revisit performance metrics and measure EPA and states on 

the same standards 

Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

163. Show how data relates to goals and targets in performance 

plans and GPRA 

Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

164. Show trends in the context of regulatory and policy changes Ac EPA appreciates the inpu

activity in part today, and enhancements in the futur

165. Create capacity for members of the public to post their 

analysis using EPA data 

Ac EPA appreciates the inpu

currently plan to impleme

166. Expand the State Review Framework to explain more details 

of what is happening in each state. Integrate SRF recommendations into all relevant EPA/state plans. Use element 13 as a starting point rather than an add on. 

Ac Although not expressly in

Water Act Enforcement Athe process of implementor in part. 

167. Use planning and implementation approaches developed by 

social marketers. 

Ac EPA appreciates the inpu

activity in part today, and to change this. 
27

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

168. Expand the Massachusetts Common Measures project to 

CWA programs. 

Ac Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

169. Use and share information on pollution incidents, permit 

exceedances, emission trends, complaints, ambient conditions, and health for priority setting. 

Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

170. Have a way to measure success based on the value of dollars 

spent to increase water quality and not just the number of 

actions for an enforcement plan. 

N EPA appreciates the inpu

currently plan to impleme

171. Put greater emphasis on agriculture and nonpoint sources. N EPA will further evaluate 

the Clean Water Act Enfo

172. Have measurement focus on outcomes. Because aquatic life 

is often the most sensitive use of a water body, assessing the 

health of the water body in terms of diversity, abundance, and health of aquatic life should be the master measurement. Chemical standards and management program requirements should be subordinate to the health of the aquatic community. For recreational waters, measurement should focus on a decrease in the number of illnesses related to recreational water exposure 

P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

173. The EPA should incorporate a procedure into the 

enforcement and compliance program that considers the number of constituents and frequency a facility is required to monitor for compliance determinations not just the percentage 

P EPA appreciates the inpu

activity in part today, and enhancements in the futur

174. Implement a method for gathering information on the full 

universe of homebuilders 

I EPA will further evaluate 

the Clean Water Act Enfo

Expand the Use of Technology 
28

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

175. Increase deterrence by posting more real time violation data 

and have electronic alerts to the public for SNC 

P EPA will implement this 

part as it proceeds to impWater Act Enforcement A

176. Require electronic DMRs from all permittees, majors and 

non-majors. 

Ac EPA will implement this 

part as it proceeds to impWater Act Enforcement A

177. EPA should embrace the Exchange Network node approach A EPA appreciates the inpu

activity in part today, and enhancements in the futur

178. Encourage e-tools and consider revisions to the CROMERR 

rule. 

A EPA appreciates the inpu

activity in part today, and enhancements in the futur

179. For those water quality parameters, switch from using the 

methods outlined in Standard Methods which rely on culturable assays. The current analytical methods which rely 

on growing these organisms are not specific enough for enforcement or compliance activities. In addition, these tests 

take days rather than hours to get results. Switching to molecular based methods using QPCR for these tests are very specific and legally defensible. Costs are comparable. 

P This comment relates prim

implementation of the Clrequirements as opposed enforcement. EPA will cas appropriate. 

180. Improve and upgrade electronic systems before moving to etools. N Although not expressly in

Water Act Enforcement Athe process of implementor in part. 

181. Do permit standardization before moving to e-reporting. N EPA will further evaluate 

the Clean Water Act Enfo

182. Create the ability for the public to receive text messages and 

email alerts regarding water quality actions and notices of 

local violations. 

C EPA will further evaluate 

the Clean Water Act Enfo
29

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

Messaging 

183. Build a communications strategy to explain information 

clearly 

A EPA will implement this 

part as it proceeds to impWater Act Enforcement A

184. Use more trend analysis as a way to communicate 

information 

A EPA will implement this 

part as it proceeds to impWater Act Enforcement A

185. Show where a rare occurrence (wet weather) can have severe 

effects 

A EPA appreciates the inpu

activity in part today, and enhancements in the futur

186. Provide information on loadings instead of violations A We think it is important t

on loadings and violationimplement this idea in whproceeds to implement thEnforcement Action Plan

187. Provide context for SRF reports E EPA will implement this 

part as it proceeds to impWater Act Enforcement A

Making Linkages 

188. Link to state data where EPA does not have data in a federal 

system. 

E Although not expressly in

Water Act Enforcement Athe process of implementor in part. 

189. Reflect compliance assistance data E EPA appreciates the inpu

activity in part today, and enhancements in the futur
30

Table of Ideas Submitted and EPA Responses 

Idea Source Respo

190. Help tribes share technology with other tribes. T While EPA appreciates th

outside the scope of the Ccompliance and enforcemis not part of the Clean WAction Plan. 

191. Link data to California EPA, California Water Quality 

Control Board, California Water Resources Agency, and the Pacific Institute 

P EPA will further evaluate 

the Clean Water Act Enfo

192. Integrate data with U.S. Coast Survey, Coast Guard's 

Environmental Enforcement Branch, Army Corps of Engineers, and CA Public Health Agency 

P Although not expressly in

Water Act Enforcement Afurther evaluate this idea 

193. Link to USGS monitoring data N Although not expressly in

Water Act Enforcement Athe process of implementor in part. 

194. Link enforcement action descriptions in ECHO to state 

orders and complaint documents. 

C Although not expressly in

Water Act Enforcement Afurther evaluate this idea