U.S. Environmental Protection Agency
                   Office of Inspector General

                   At  a  Glance
                                                              10-P-0009
                                                         October 26, 2009
                                                                  Catalyst for Improving the Environment
Why We Did This Review

We conducted this evaluation
to assess the U.S.
Environmental Protection
Agency's (EPA's)
effectiveness at identifying
violations of the Clean Water
Act (CWA) Section 404
(§404) that fall under its
enforcement authority.
CWA §404 regulates the
discharge of dredged or fill
material into wetlands and
surface waters.

Background

Wetlands, lakes, streams, and
other surface waters provide a
variety of benefits, including
pollution reduction, flood
protection, erosion control,
and critical habitat for
wildlife. EPA has the lead
enforcement role for flagrant
or repeat violations involving
cases where the violator has
not applied for a valid §404
permit from the U.S. Army
Corps of Engineers.

For further information,
contact our Office of
Congressional, Public Affairs
and Management at
(202)566-2391.

To view the full report,
click on the following link:
www.epa.gov/oig/reports/2010/
20091026-10-P-0009.pdf
EPA Needs a Better Strategy to Identify
Violations of Section 404 of the Clean Water Act
 What We Found
EPA lacks a systematic framework for identifying the §404 violations for which it is
responsible under a 1989 Memorandum of Agreement. Primarily because of its
limited field presence related to §404 violations, EPA identifies violations through a
passive, reactive method of relying on complaints and referrals from external
sources.  An incomplete national data system and sporadic coordination with federal
and State partners further impair EPA's ability to maintain an effective §404
enforcement program.

EPA must develop a framework that includes a §404 enforcement strategy that
includes such elements as:  increased communication/coordination with
enforcement partners, a system to track repeat and flagrant violators, performance
measures, and cross-training. Without an effective framework or strategy, EPA
cannot be assured that it is  sufficiently protecting wetlands and other surface waters
from §404 violations involving dredged or fill activity. Further, the current system
does not provide EPA with the necessary inputs to make informed decisions about
the allocation of resources  for §404 enforcement.
 What We Recommend
We recommend that the Assistant Administrator for Enforcement and Compliance
Assurance, in consultation with the Assistant Administrator for Water, develop and
implement a comprehensive CWA §404 enforcement strategy addressing issues
discussed in this report (such as communication with enforcement partners and a
system to track violations). We also recommend that the Deputy Administrator
revise the 1989 Memorandum of Agreement in collaboration with the Assistant
Secretary of the Army for Civil Works.

The Agency agreed to develop and implement a comprehensive CWA §404
enforcement strategy. Although the Agency believes the enforcement strategy will
clarify how it collaborates with the U.S. Army Corps of Engineers and processes
referrals, and therefore may not require the 1989 Memorandum of Agreement be
revised, we retained the second recommendation because we still believe this
agreement should be revised. We consider both recommendations undecided.

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