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Office of Inspector General
At a Glance
PRO"*^
Catalyst for Improving the Environment
Why We Did This Review
We undertook this review to
assess oversight of major
facilities in long-term
significant noncompliance
with water discharge permit
requirements. We sought to
determine if the U.S.
Environmental Protection
Agency (EPA) and States are
taking timely and appropriate
enforcement actions against
facilities in long-term
significant noncompliance.
Background
EPA has authorized 45 States
to administer the National
Pollutant Discharge
Elimination System program,
including enforcement of
discharge permits. EPA still
maintains responsibility for
oversight and ensuring that
Clean Water Act regulations
are enforced. According to
EPA's current guidance,
several basic oversight criteria
define a "well-performing"
compliance and enforcement
program, including (1) timely
and appropriate enforcement
response, and (2) accurate
recordkeeping and reporting.
For further information,
contact our Office of
Congressional and Public
Liaison at (202) 566-2391.
To view the full report,
click on the following link:
www.epa.qov/oiq/reports/2007/
20070514-2007-P-00023.pdf
Better Enforcement Oversight Needed for
Major Facilities with Water Discharge Permits
in Long-Term Significant Noncompiiance
What We Found
EPA did not provide effective enforcement oversight of major facilities with
National Pollutant Discharge Elimination System permits in long-term significant
noncompliance. While flexibility is required in a national program, EPA
inconsistently applied guidance defining timely formal actions. Also, EPA
guidance did not provide meaningful direction on what constitutes "appropriate"
actions. Moreover, for 21 of 56 facilities reviewed, EPA and States did not take
suitable formal enforcement actions to address all instances of significant
noncompliance. At the remaining 35 facilities, none of the actions we could
assess were timely based on criteria in EPA's Enforcement Management System.
EPA and States also did not maintain complete and accurate records of National
Pollutant Discharge Elimination System compliance and enforcement activities.
Many region and State files were incomplete, and data in EPA's information
systems were incomplete and inaccurate. Further, regions and States did not
report inspection-related violations in EPA's Permit Compliance System. We also
noted that bacteria exceedances are not required to be reported as significant
noncompliances.
Timely actions could help minimize the millions of pounds of excess pollutants
released by these facilities. We estimate that up to 51 million pounds of excess
pollutant loads were discharged from July 2002 through June 2005 by 44 facilities
reviewed, representing loads that could be minimized.
What We Recommend
We recommend that the Assistant Administrator for the Office of Enforcement
and Compliance Assurance clarify and implement guidance regarding facilities in
significant noncompliance, implement a quality assurance program, and establish
controls allowing EPA leadership to identify significant noncompliance by
bacteria-only violators. EPA disputed many of our findings, but stated general
concurrence with our recommendations and identified planned actions. However,
the Office of Enforcement and Compliance Assurance's planned actions generally
do not address the intent of our recommendations, and the issues are considered
unresolved.

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