UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D

.C

. 20460


## MAY 11 2011

Dear State Water Pollution Control Administrators, State Commissioners and EPA Regional Administrators: EPA's Office of Enforcement and Compliance Assurance (OECA) and the Office of Water (OW) are pleased to provide you with the final set of new approaches we are implementing under the Clean WaterActAction Plan to usher in a 21 st century National Pollutant Discharge Elimination System (NPDES) program for cleanerwater. We have all witnessed the significant progress that the United States has made in the last three decades in protecting our environment from water pollution. Butwe know thatthe challenges we still face in doing this work are real, growing, and require our ingenuity, adaptability and collaboration to solve. We believe that the suite ofactions described in the enclosed "CWAAction Plan Implementation Priorities" will lead the way in these efforts. First, we extend ourthanks and appreciation to you and your stafffor the hard work and dedication overthe lastyear in collaborating with our offices to discuss and evaluate the critical challenges facing our programs and the practical steps we can all take to address them. States, EPA Regions, OWand OECAworked together on the CWA Action Plan Steering Committee and six teams to analyze and identify potential solutions tothe water quality problems involving sources regulated underthe CWA's NPDES program. Together, we were able to develop a suite ofactions to chart our best course ofaction overthe next several years to strengthen our ability to provide the American public with cleanerwater. This demonstration ofteamwork and commitment to a common cause is reason for believing that our nation's waters can be protected from pollution and provide our communities with a resource to value and enjoy well into the Mure.

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InternetAddress (URL) • http://www.epa.gov RecycledlRecyclable • Printed with Vegetable 0 11 Based Inks on Recycled Paper (Minimum 20% Postconsumer)The enclosed document, "CWA Action Plan Implementation Priorities," summarizes the four key changes thatwill modernize and revamp the NPDES program and describes the newfeatures ofthe retooled system, including the specific actions, tools, policies and regulations that EPA believes are most importantfor implementing the new system starting in FY2011. The four critical changes are: 1

. Switch existing paper reporting to electronic reporting with automated compliance evaluations and improved transparency. 2. Create a new paradigm in which our regulations and permits compel compliance via public accountability, self
-monitoring, electronic reporting and other methods. 3. Address the most serious water pollution problems by fundamentally re-tooling key NPDES permitting and enforcement practices, while continuing to vigorously enforce against serious violators. 4. Conduct comprehensive and coordinated permitting, compliance and enforcement programs to improve state and EPA performance in improving water quality

. Ourefforts as co-regulators in driving better CWA compliance and reducing pollution through the enhanced power of public accountability is one ofthe principal components ofourwork underthis Plan. Promulgating the NPDES Electronic Reporting Rule is a fundamental deliverable in FY11 and FY12. Many ofthe new approaches in the Action Plan will rely on the foundation set bythe NPDES Electronic Reporting rule and will require EPA and states to launch fundamental overhauls to some ofthe tools, policies, and regulations by which we implementthe NPDES permitting and enforcement program . Some ofthese changes can begin nowand will require close collaboration to deliver: thus, EPAand states will be at work for several years to realize the vision and complete these changes.

2We will continue to seek state input and assistance through the EPA State CWAAction Plan Steering Committee. We hope the four existing state members ofthe Steering Committee will continue to work with us, and we would like to expand the state membership to include two additional states. We are working with ASIWPCA and ECOS tofill these positions. We lookforward to our continued work together in these areas to deliver clean water to our citizens.

Sin

OECA

# K~ Acting Assistant Administrator OW

Enclosure: CWAAction Plan Implementation Priorities and One Pager CC: with enclosures EPA State Steering Committee Members ASIWPCA Executive Director and Deputy Director ECOS Executive Director OWOffice and Deputy Office Directors EPA Regional Water Division Directors EPA Enforcement Division Directors Regional Water Enforcement Branch Chiefs

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