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Permitting for Environmental Results (PER)
1321
NPDES Profile: Wyoming
and Indian Country
PROGRAM RESPONSIBILITY
State of Wyoming: NPDES authority for individual permits, general permitting, federal facilities
EPA Region 8: NPDES authority for pretreatment, biosolids
EPA Region 8: NPDES authority for all facilities in Indian Country
Program Integrity Profile
This profile characterizes key components of the National Pollutant Discharge Elimination System (NPDES)
program, including program administration and implementation, environmental outcomes, enforcement, and
compliance. EPA considers profiles to be an initial screen of NPDES permitting, water quality, enforcement,
and compliance programs based on self-evaluations by the States and a review of national data. EPA will use
the profiles to identify program strengths and opportunities for enhancements. For more information, please
contact Todd Parfitt, Wyoming Department of Environmental Quality, (307) 777-6709, or Debra Thomas,
EPA Region 8, (303) 312 6260.
Section I. Program Administration
1. Resources and Overall Program Management
The State of Wyoming:
The Wyoming NPDES program was authorized on January 30, 1975. Authorization to regulate federal
facilities occurred on May 18, 1981, and the general permits program was authorized on September 24,
1991. Wyoming does not have authorization for pretreatment or biosolids. The Wyoming NPDES
program is administered through the Water Quality Division of the Wyoming Department of
Environmental Quality (WDEQ). The Wyoming NPDES program is organized into three primary work
units: permitting, compliance, and laboratory services. Field inspectors in the compliance work unit are
located in Lander, Sheridan, Casper and Cheyenne. All permitting and laboratory services are conducted
in Cheyenne.
The State currently has 26 full-time staff positions, also known as full time equivalents (FTEs) and one
contract employee in the NPDES program. The positions consist of a program manager as well as
9 permit writers, 13 inspectors and enforcement personnel, and 4 laboratory personnel. Current staffing
includes 8 additional FTE the WDEQ received to help close the resource gap associated with coalbed
methane (CBM) development.
The State had a total budget of $1,381,535 for the State fiscal year (FY) 2003 (July 1, 2002 through
June 30, 2003), of which $1,206,535 came from State funds and the remainder from federal funds.
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All full time permit writers have attended EPA's NPDES Permit Writers' Course. Additionally, new
staff are trained by a peer for at least two weeks. Weekly staff meetings are held to address internal
questions and new issues. New inspectors are scheduled for the first available EPA Inspector Training
course. New inspectors also work with a peer inspector for at least two weeks and are provided with
oversight inspections by EPA Region 8. All laboratory personnel are trained on the equipment by the
laboratory supervisor and sent to specialized training for specific instrumentation.
The State requested specialized whole effluent toxicity (WET) training from Region 8. At the request of
Region 8 the Region 6 WET expert provided training in Cheyenne, Wyoming in May 2004. The training
was well received and could not have been accomplished without the expertise of Region 6. This
approach should serve as a national model of how EPA can help close some of its own resource gaps by
making the best use of technical expertise across the country rather than trying to develop and maintain
expertise in each region.
The oil and gas industry is the primary sector that the Wyoming NPDES program regulates. A summary
of the permits by sector is as follows (data are from Wyoming's self-assessment dated 2/04):
Non-Stormwater Permits
CBM
808
(52%)
Oil and Gas
467
(30%)
Municipal
77
(5%)
Industrial
53
(3%)
Concentrated Animal Feeding Operations (CAFOs)
39
(3%)
Coal Mine
33
(2%)
Commercial Wastewater Treatment
27
(2%)
Water Treatment
15
(1%)
Fish Hatcheries
12
(1%)
Other
22
(1%)
TOTAL
1553
(100%)
Stormwater Permits
Industrial
609
(44%)
Construction
769
(55%)
Municipal separate storm sewer system (MS4)
10
(1%)
TOTAL
13881
(100%)
In 2003, the Wyoming State legislature created, through legislation, the Department of Environmental
Quality Permitting Task Force. The task force was formed in response to the dramatic increase in CBM
1 The Management Report, measures # 1 through #3, show 25 major individual permits, 1,598 minor individual permits and 290
non stormwater general permit coverages, based on data as of June 30, 2004. This equates to a total of 1,913 permit coverages
excluding stormwater. The table above represents a total of 1,553 permits, excluding stormwater. The discrepancies are due to
the timing of data queries. The permit universe changed significantly during the first six months of2004. Due to the
implementation of a permit fee schedule, many operators requested individual and general permits be inactivated. WDEQ is
confident that the national Permit Compliance system (PCS) database is accurate relative to the permit universe.
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development which was placing a high demand on the WDEQ. The legislation specified the task force
be comprised of nine members including: individuals from industry, trade associations, environmental
consultancies, academia, government, affected landowners and the environmental community. The task
force held several working meetings to discuss problems with the NPDES permitting program and
possible solutions. The Department of Environmental Quality Permitting Task Force Report was issued
on October 1, 2003. The problems identified pertained to NPDES compliance monitoring, laboratory
facilities, data management, public participation, increased permitting volume and complexity,
inconsistent NPDES program policies and lack of flexibility in permits. Actions which resulted from the
recommendations of the Report include: 1) legislation was passed to allow for permit fees; 2) the State
legislature approved 8 additional positions for the WDEQ; 3) the State legislature approved increased
funding for ambient monitoring and new laboratory equipment; 4) standard operating procedures for the
NPDES permitting program have been enhanced; 5) WDEQ is moving forward with a watershed-based
approach for CBM permitting; and 6) WDEQ is making progress towards electronic submission of
discharge monitoring reports (DMR).
EPA Region 8:
EPA Region 8 directly implements the NPDES program in Indian Country in Region 8. NPDES
implementation in Indian Country includes individual permits, general permitting, federal facilities,
pretreatment, and biosolids. EPA Region 8 also directly implements certain programs in Region 8
States, as shown in the table below.
Table 1. EPA Region 8 Direct
mplementation Responsibilities
Individual
Permits
General Permits
Federal
Facilities
Pretreatment
Biosolids
CO
X
X
X
MT
X
X
ND
(Aurthorization
in Process)
X
SD
UT
WY
X
X
27 Tribal
Governments
X
X
X
X
X
EPA Region 8 is organized into 4 primary offices: Office of Partnerships and Regulatory Assistance
(OPRA); Office of Enforcement, Compliance and Environmental Justice (ECEJ); Office of Ecosystems
Protection and Remediation (EPR); Office of Technical and Management Services; and the Office of
Regional Counsel. Refer to attached organizational chart at the end of this profile.
There are 9 FTEs, including a supervisor, in the Water Permits Unit (located in OPRA) that are
responsible for implementing the overall NPDES program in Indian Country, implementing the
programs for which States have not been authorized (see Table 1), and State oversight.
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There is 1 FTE in the Water Quality Unit (located in ECEJ) that is responsible for direct implementation
and State oversight of the storm water program.
There are 7 FTEs, including a supervisor, in the NPDES Enforcement Unit (located in ECEJ) that are
responsible for enforcement and compliance of the overall NPDES program in Indian Country,
enforcement and compliance for programs for which States have not been authorized (see Table 1), and
State oversight.
There is also 1 FTE in the EPA Montana Operations Office that is responsible for all NPDES program
activities (permitting and enforcement) associated with 7 Tribal governments, programs for which the
State of Montana is not authorized, and State oversight.
As of September 2004 the total universe of permits issued by EPA Region 8 in all Region 8 States and
Indian Country was as follows:
• 5 major individual permits
• 104 minor individual permits
• 184 biosolids general permit coverages
• 96 Indian Country lagoon general permit coverages
For Indian Country located in Wyoming, EPA Region 8 has currently issued 26 individual permits to
minor facilities. EPA Region 8 has 12 current general permit coverages for biosolids outside of Indian
Country in Wyoming. There are no biosolids general permit coverages in Indian Country located in
Wyoming.2
EPA Region 8 permit writers attend the week long National NPDES Permit Writers' Training Course,
usually within the first year in the NPDES Permits program. EPA Region 8 has one of the course
instructors in the Permits Unit who can give guidance and instruction on an individual basis. This is
done as part of on-the-job training for new permit writers. All permit writers are also encouraged to
attend the National Water Quality Standards Academy to receive training on water quality standard
implementation.
The Water Permits Unit places a high priority on meeting training requests from the States. For
example, when States indicate that they have several new permit writers, the Region has been successful
in getting the National NPDES Permit Writers' Course offered in Region 8. Recent requests for WET
training have resulted in Region 8 making arrangements with Region 6, a Region that has exceptional
WET expertise, to develop and deliver WET training tailored to the Region 8 States. EPA Region 8
provides specialized training on an annual basis for pretreatment and biosolids. The specialized training
is discussed in the pretreatment and biosolids sections of this profile. Additionally, Region 8 conducted
2 The National Data Sources column of the Management Report, measure #3, shows 0 facilities covered by EPA-issued general
permits in Wyoming. The ePIFT data that served as the source for the National Data Sources column for this measure included
only aggregated data for Region 8, rather than data broken down by State.
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a stormwater inspector training in 2002, hosted both the NPDES inspector training in 2001, and a "train
the trainer" program for NPDES inspectors in 2004.
With limited resources it has been difficult to establish and maintain strong expertise in the various
NPDES program areas. EPA Region 8 encourages Headquarters to facilitate the establishment of
different work models that can more efficiently meet the technical needs of the NPDES program (e.g.
technical advisory groups and national experts to serve multiple regions, advanced NPDES training,
problem solving meetings where State and EPA experts are brought together to address complex issues
etc.)
2. State Program Assistance
EPA Region 8:
EPA Region 8 provides ongoing coordination and assistance to the State of Wyoming. Coordination and
assistance activities are discussed throughout this profile.
3. EPA Activities in Indian Country
EPA Region 8:
Region 8 permitting and coordination activities with Tribes are discussed throughout this profile within
the discussion of various program areas.
4. Legal Authorities
EPA is conducting a comprehensive review of the State's legal authorities. This review has not yet been
completed. As a result, EPA is reserving this section of the profile; when the legal reviews are complete, EPA
will update profiles to include the results of the reviews.
In March 2001 the Wyoming Outdoor Council and the Powder River Basin Resource Council filed a
petition for corrective action or withdrawal of the State of Wyoming's authority to administer the Clean
Water Act's NPDES Program for problems related to a wide range of issues, including conflict of
interest, inspections, enforcement, monitoring, public notice and public participation.
5. Public Participation
An evaluation of the State's legal authorities regarding public participation will be included in the legal
authority review. As noted above, the legal authority review section of this profile is reserved pending
completion of the legal authority review.
The State of Wyoming:
Public participation procedures for Wyoming NPDES permits are specified in Wyoming Water Quality
Rules and Regulations chapter 2, section 15. Specifically, permits are public noticed in a newspaper
with general statewide distribution. The public notice is also mailed to any State whose water may be
affected by the discharge and all persons on the NPDES mailing list, including governmental agencies
identified in section 15. All public notices are posted for a minimum of 30 days. In addition to the notice
in the newspaper, the public notice is posted on the "Current Events" section of the WDEQ/WQD Web
page (http://deq.state.wy.us/wqd/events.asp) with a link to each draft permit.
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The State's Web page also includes general information about all individual permits, permit application
forms, and general permits. The WDEQ's Web site contains an electronic copy of the monthly public
notice and each proposed permit advertised in the public notice. The WDEQ has also implemented a
new process for scanning permit applications and final permits. These documents will also be placed on
the Web site.
In addition, a copy of the WDEQ NPDES database is available for public review on the WDEQ Web
site. The database includes data such as information related to permit tracking events (i.e., permit issue
and expiration dates), contact and address information, outfall data (i.e., location and receiving stream),
permit limits and DMR data.
The process the WDEQ uses to address comments received during the public notice process involves
providing a copy of the written comments to the permittee, evaluating the comments, and preparing
written responses. In some cases, additional information may be required to be submitted by the
permittee or the permit may be modified prior to issuance. In addition, an interested party may appeal a
final action or decision of the Administrator or Director to the Wyoming Environmental Quality Council
within 60 days of final action. The process for conducting such an appeal is defined in the WDEQ Rules
of Practice and Procedures.
As of September 2004, three major permits and fact sheets issued by Wyoming could be accessed via
EPA's Web site. Instructions for accessing these documents are available at
http://www.epa.gov/npdes/permitdocuments. All documents (e.g., permit records, fact sheets, permits,
enforcement actions, correspondence) are also maintained in the WDEQ central files for internal use and
public viewing.
The term "public" is not defined in the Wyoming Environmental Quality Act or WDEQ's rules and
regulations. However, Wyoming Statute (W.S.) 35-1 l-103(a)(vi) defines "person" as "an individual,
partnership, firm, association, joint venture, public or private corporation, trust, estate, commission,
board, public or private institution, utility, cooperative, municipality or any other political subdivision of
the State, or any interstate body or any other legal entity."
EPA Region 8:
For permit issuance, EPA Region 8 follows the federal public participation requirements in 40 Code of
Federal Regulations (CFR) part 124. Region 8 provides for public notice of its proposed permit actions
by publishing the public notice in a local newspaper near the permit action. Also, the public notice is
sent to all persons who have identified themselves as "interested person" and to the agencies identified
in 40 CFR 124.10.
The Region maintains an NPDES permit Web site where the draft permit and statement of basis are
available for downloading. The notice period is typically 30 days. If there is significant interest, EPA
may hold a public meeting or a hearing. For any hearing, EPA will provide at least 30 days notice and
will leave the comment period open for at least 15 days after the close of the hearing or meeting to
receive all comments. Where there are federally-approved water quality standards (WQS) affecting the
permitting action, EPA will solicit certification under section 401 of the Clean Water Act (CWA) from
the appropriate Tribe or State. Otherwise, the Region will provide 401 certification for the proposed
permit.
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All significant comments are addressed before issuing a final permit. Copies of the response to
comments, statement of basis and final permit will be provided to all who commented on the permit and
also made available on the NPDES permit Web site. If there have been comments or changes made to
the permit during the comment period, the permit will not go into effect for at least 30 days after
issuance. Parties that have commented on the draft permit may appeal the issuance of the permit to the
Environmental Appeals Board within 30 days of issuance of the permit.
EPA Region 8 provides a notice of and opportunity to comment on proposed administrative penalty
assessments for alleged NPDES violations. The "Consolidated Rules of Practice Governing the
Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and
the Revocation, Termination or Suspension of Permits" (40 C.F.R. part 22) outline how administrative
actions and hearings are conducted, including how any person may comment on and participate in the
action (40 C.F.R. part 22.44). To comment on or participate in an administrative penalty assessment, the
interested party must notify the Regional Hearing Clerk in writing within 30 days of the public notice.
The interested party can then present written comments for the record while it is open, and will be
notified at least 20 days prior to a hearing if one is scheduled, in order to present evidence.
Formal enforcement actions (FEAs) are filed with the Regional Hearing Clerk and posted on the internet
at http://www.epa.gov/Region8/compliance/rhc.html.
All administrative records are maintained in the NPDES Records Center. Public records are available
for public review during normal business hours and can be obtained via the Freedom of Information Act
(FOIA).
6. Permit Issuance Management Strategy
The State of Wyoming:
The State has done an excellent job keeping backlogged permits to a minimum for major and minor
facilities. As of the end of 2004, all major permits and 99% of minor permits are current.3
The NPDES program is continually developing permitting policies and procedures to ensure
appropriateness and consistency of permits. The permits section conducts weekly staff meetings to
discuss new issues. Prior to public notice, permits proposed for public notice go through an internal peer
review and are then reviewed by the permitting supervisor and program manager before being cleared
for public notice.
The NPDES program was the subject of a legislatively mandated task force in 2003 to evaluate the
efficiency of the program. The task force found that the current average time to issue a permit was
acceptable to the task force members, representing industry, government, landowner and environmental
interest groups. Average time for permit issuance is tracked and evaluated on a quarterly basis to ensure
permits are issued in a timely manner.
3 The National Data Sources column of the Management Report, measures #19 and #20 show 96% of maj or facilities and 82.8%
of minor facilities, respectively, covered by current permits. For major facilities, the discrepancy is due to the timing of data
pulls, with the 96% based on June 30, 2004 data and the 100% based on December 31,2004 data. For minor facilities, the
discrepancy is due to data entry errors in PCS. WDEQ will continue to work with Region 8 to address accuracy of permit
tracking events.
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Permit expiration dates are being coordinated so that all permits within a given watershed expire on the
same date, allowing for a comprehensive review of cumulative impacts. The State is currently
synchronizing and sequencing permit issuance for CBM development by watershed. Additionally,
permits for oil fields have been synchronized and sequenced. General permits have been applied where
appropriate for additional efficiency and consistency. Also, the State is in the process of developing
electronic reporting capabilities. The electronic signatures will be handled through the "wet ink
signature approach" involving a secured communication connection using secured socket layer (SSL)
and server certificates for server authentication.
Table 2: Percentage of Facilities Covered by Current Permits in State
2000
Vifl
A\ u
2001
Vifl
A\ u
2002
Vifl
A\ u
2003
Vifl
A\ u
Major Facilities
96%
74°,.
92%
7b"..
100%
83%
96%
84",.
Minor Facilities
Covered by Individual
Permits
94%
(•>')" n
94%
73%
92%
71-)"..
94%
XI0..
Minor Facilities
Covered by Individual
or Non-Storm water
General Permits
N/A
\ A
N/A
\ A
93%
85"..
95%
80" „
Source: PCS, 12/31/00; 12/31/01; 12/31/02; 12/31/03. (The values in the National Data Sources column of the Management Report,
measures #19 and #20, are PCS data as of 6/30/04.)
EPA Region 8:
EPA Region 8 does not have a specific permit issuance strategy other than a goal to keep all permits
current. To maximize the Region's resources, Region 8 issued general permits to cover lagoons in
Indian Country in five of its six States. Approximately 96 facilities in the Region are currently covered
by these 5 general permits, saving significant permit unit resources. Also, where there are similar
industries in the same location, the Region groups permitting actions together, saving on administrative
costs and resources while taking cumulative impacts into consideration during permit issuance.
For Indian Country located in Wyoming, 12 of 26 individual permits issued by EPA Region 8 are
current. All expired permits have been administratively extended. EPA Region 8 is currently working on
transitioning the expired lagoon individual permit to the recently issued lagoon general permit. Region 8
has not yet granted any general permit coverages under the recently issued lagoon general permit. The
remaining expired individual permits are oil and gas facilities. EPA Region 8 will be reissuing these
permits in 2005.
EPA Region 8 has 12 current general permit coverages for biosolids facilities outside of Indian Country
in Wyoming. There are no biosolids general permit coverages in Indian Country in Wyoming.
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7. Data Management
The State of Wyoming:
The State uses a Microsoft Access database to manage permitting, compliance, inspection and
enforcement data for the NPDES program. The NPDES Access database contains data related to the
company, facility, permit tracking dates, locational data for each point source, DMR and inspection data
and enforcement action information for all major, minor and general permits. Information related to
sanitary sewer overflows/combined sewer overflows (SSO/CSOs) are contained in a separate Access
database.
All information entered into the State's Access database is uploaded weekly to the PCS database. At a
minimum, the State uploads facility, company, permit tracking, enforcement, and inspection data. This
information is uploaded for every permit, including stormwater discharges and discharges authorized
under general permits. In addition, the State directly enters limits and DMR data into PCS for major
discharge permits.
The State has a choice of being a direct user of the Integrated Compliance Information System
(ICIS-NPDES) or being a State that will batch load their information in ICIS-NPDES via central data
exchange (CDX). The State currently intends to use its own database. ICIS-NPDES will replace PCS
and the State will be required to enter Water Enforcement National Data Base (WENDB) data element
fields as defined in the State/EPA performance partnership agreement (PPA).
According to the April 2004 PCS data clean-up report, Wyoming's PCS data entry percentage rate is
86% for basic facility and permitting data (addresses, facility latitude and longitude and metadata,
permit dates, and facility characteristics) for major facilities. The report also indicates a 45% data entry
rate for basic facility and permitting data for minor facilities. Latitude and longitude data at the facility
level is 98% complete for major facilities.
At this time, the State does not enter all required WENDB elements either because information is not
available or the elements are not practical for the State to track. For example, many oil and gas facilities
(the primary industry permitted in the State) have multiple wells and therefore do not have discreet
facility locations, so facility latitude and longitude is not entered. This case is also true for construction
projects that span over many counties.
The State continues efforts to resolve WENDB data issues by working with Region 8 to develop
methods of addressing missing WENDB data elements. The State has identified several data types that
must be updated and reviewed for accuracy. These initiatives include modifying the enforcement action
codes in the NPDES database to be consistent with the reduced number of enforcement action codes in
PCS; synchronizing enforcement action data between the NPDES database and PCS; updating permit
tracking data (permit expiration dates); updating outfall latitude and longitude data and re-printing DMR
forms for major facilities. The State is currently addressing re-printing of major DMR forms and
updating permit tracking dates. Once this is complete, the State plans to address latitude and longitude
data in PCS.
With the support of Region 8, the State applied for a grant to address PCS data issues, such as those
listed above, but was not selected by EPA as a grant recipient. The State will continue to explore
opportunities and work with Region 8 to resolve PCS data issues.
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When the State receives an application that contains latitude and longitude data for proposed discharge
points, the data is entered into the NPDES database. In addition, to confirm the location of outfalls,
NPDES inspectors gather global positioning system (GPS) locational data for each outfall during
inspections. The State's database may be updated in the future to also include the level of accuracy
associated with the permitted outfall locations. At this time, the latitude and longitude of discharge pipes
is not uploaded or directly entered into PCS. This is due to the current inability to upload this data from
the Access database into PCS. The State is seeking contract money to fix this problem and also to help
ensure consistency of other data from the Access database into PCS. The State would also welcome
contractor assistance on PCS clean-up to get ready for the migration into ICIS-NPDES. However, there
are no known targeted clean-up initiatives, except that the latitude and longitude data will likely be
updated first.
Data are entered into the State's database as soon as possible because the database is a real-time
database. For example, inspection, permit tracking data, and enforcement action data have high priority
and are entered within 15 days of receipt of the inspection, permit or enforcement action. Other data are
entered as time permits.
Data accuracy is ensured by enacting quality assurance/quality control procedures. Permits are updated
in the system when they are modified, renewed, issued or terminated. Change of ownership notifications
are identified as a priority for data entry. When data is uploaded to PCS, the PCS update/audit reports
are reviewed for rejected transactions. The cause of the rejected transaction is researched and when
appropriate the data is reentered into PCS.
According to the June 2004 PCS clean-up progress report, Wyoming is missing issuance dates for 4%
of minor records (approximately 65 records), and missing expiration dates for 7% of minor records
(approximately 115 records). Missing data may be caused by applications that were received and
entered into PCS but the permits were never issued because the facility was never constructed or was
ultimately covered under a general permit or because the data was rejected by PCS when it was
uploaded from the Access database.
According to the April 2004 PCS clean-up progress report, Wyoming is also missing a large amount of
zip code data (missing 85% for major facilities and 98% for minor facilities). Some of this may be due
to the nature of Wyoming's facilities. Not all facilities have an address and zip code for the physical
location of the facility. This is especially true for oil and gas facilities, which make up the majority of
permittees in Wyoming.
EPA Region 8:
The EPA Region 8 NPDES program has a records management system which dictates the content and
organization of all files including permitting and compliance information, and enforcement actions.
Some information regarding enforcement actions, such as penalty calculations, are maintained in
enforcement sensitive files.
The Region uses PCS as well as other databases for pretreatment, biosolids, and Indian Country
permitting to manage data.
The PCS responsibilities for enforcement, inspections and DMR data entry are in the Planning and
Targeting Program located in the Office of Enforcement, Compliance and Environmental Justice
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(ECEJ). The PCS responsibilities for permit actions are in the Water Permits Unit located in the Office
of Partnerships and Regulatory Assistance (OPRA).
The pretreatment program relies on a pretreatment database that tracks annual report information,
including headworks loadings and significant industrial users (SIUs). This is not an official EPA
supported database and cannot be guaranteed as an on-going management tool. This was developed and
is used by the pretreatment coordinator as a management tool. There are no upload capabilities to
transfer data to PCS.
EPA Region 8 relies on the Biosolids Data Management System (BDMS). BDMS was developed to
improve biosolids compliance monitoring, improve the management of biosolids and to provide a
standardized reporting format for biosolids. BDMS is a user-friendly program developed to aid utilities
in the central storage and retrieval of biosolids data. The program is designed so that a utility can
electronically transmit data to the EPA and States or prepare paper reports. The current version of
BDMS is BDMS version M or BDMS for Municipalities. Region 8 has used various versions of BDMS
for the last 10 years. Limited capabilities have been developed to upload data from BDMS to PCS. The
Region uses PCS for the biosolids general permit.
EPA Region 8 can provide accurate and timely data on permit actions, enforcement and inspections. The
program inputs all inspection and enforcement information into PCS and ICIS-NPDES. The Region
reviews and reconciles the two databases quarterly to ensure that the data are complete and accurate.
Data entered into PCS are updated twice a week. Integrated Data for Enforcement Analysis (IDEA) is
refreshed monthly.
PCS Data Quality Targets: The following information is entered into PCS within 5 working days of
receipt of report, application or action: 1) permit facility data; 2) compliance schedule data;
3) enforcement action data; 4) single event violation data; 5) permit events data; and 6) evidentiary
hearing data.
The following information is entered into PCS within 10 working days of receipt of report, application
or action: 1) pipe-schedule data; 2) parameter-limits data; 3) inspection data; 4) pretreatment permit
compliance inspection (PCI) audit data; and 5) measurement/violation data.
PCS Quality Assurance: PCS data quality standards are evaluated based on an objective assessment of
each of the following four measures:
1) Timeliness - the extent to which the data covering a specific interval of NPDES program activity are
promptly entered into PCS;
2) Accuracy - the extent to which the data recorded in PCS reflect the correct, true, or reported values;
3) Completeness - the extent to which the required data are reported and recorded in the system;
4) Consistency - the extent to which the values of the data elements use the standard definitions or
codes and the extent to which these definitions and codes are used in the same way by all users.
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All WENDB elements are entered, however latitude and longitude are not always entered because the
information is not always available. Regardless of whether latitude and longitude are provided with the
permit application, inspectors routinely collect facility latitude and longitude data using GPS when
conducting inspections.
To ensure DMR data are accurately entered into PCS an audit report is pulled after data entry and
verified against the DMRs.
The EPA Region 8 Laboratory performs laboratory audits as resources allow. NPDES inspectors often
perform a brief inspection of the laboratory at facilities that perform some or all of their own testing.
Region 8 uses the DMR Quality Assurance results to target laboratory audits.
EPA Region 8 maintains its inventory of regulated sources in PCS. For the facilities directly regulated
by Region 8, the Region relies heavily on the receipt of permit applications for development of an
inventory. The Region is also inventorying CAFOs in Indian Country (refer to CAFO section of this
profile). EPA has inventoried all wastewater facilities in Indian Country through inspection efforts. The
Region will soon begin updating its inventory of SIUs which are not in approved pretreatment
programs.
PCS tracks the compliance and enforcement activities conducted under the NPDES program through the
quarterly noncompliance report (QNCR). The QNCR is a pre-programmed report that is generated
quarterly and lists the NPDES permits that are in noncompliance according to federal guidelines.
Permits that are in significant noncompliance are flagged and tracked with the QNCR; pretreatment
violations also appear in the QNCR. The PCS data administrator works with individual States on
technical and data entry problems and how to use the different data entry screens. The Region offered
PCS training this past summer after the PCS national meeting.
All six Region 8 States have one or more Environmental Information Exchange Network Grant Program
grants. These grants fund State environmental agencies' development of integrated data management
systems, performance of data quality analyses of existing databases, electronic reporting, and enhanced
public access to data. These grants tend to cut across individual environmental programs and do not
single out NPDES activities.
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Section II. Program Implementation
1. Permit Quality
The State of Wyoming:
Wyoming permits are peer reviewed by other permit writers, the permitting supervisor, and the program
manager before going to public notice. The WDEQ Administrator and WDEQ Director also review the
permits before issuance. EPA Region 8 is consulted when necessary and appropriate.
The State has worked closely with EPA Region 8 to resolve issues with regard to permit modifications,
and timing and response to public comments. As documented in its October 26, 2001 NPDES Permits,
Compliance and Enforcement Program Audit report, EPA identified instances where the WDEQ
processed major permit modifications as minor modifications. The WDEQ has revised its internal
procedures to assure consistency with the minimum federal requirements for major versus minor
modifications.
Checklists are used for such actions as tracking the permitting process, completeness reviews,
antidegradation reviews, and total maximum daily load (TMDL) development. A permit writer's
checklist contains information to evaluate federal and State regulations, potential pollutants expected to
be discharged, compliance history, and anti degradation. Permit writers use computer generated
spreadsheets to complete water quality-based effluent limit (WQBEL) calculations and a permit writer
tool that contains permit language for specific industries. This provides a level of consistency, reduces
human errors, and increases permit writing efficiency. Standardized national permit quality review tools
(i.e., permit quality checklists and central tenets) will be evaluated and be incorporated into the State's
NPDES program if they are appropriate to enhance existing permit quality tools.
When determining if a WQBEL is needed in a permit, the permit writer will evaluate the potential
pollutants that are expected to be discharged from the facility. These pollutants are then compared to the
State's water quality standard criteria to determine if a water quality standard exists for the pollutants of
concern and if it is applicable to the receiving stream. If it is determined that development of a WQBEL
is appropriate, a WQBEL will be calculated. The WQBEL will also be compared to any applicable
technology-based effluent limits (TBELs) and the more stringent limit incorporated into the permit.
For existing permits, permit writers use checklists, the statement of basis (SOB) and documentation that
was compiled when drafting the existing permit to identify if limits in the permit are based upon TBELs.
In addition, the federal regulations are researched for new and existing permits to determine if effluent
limitation guidelines exist for a specific industry. If an applicable guideline exists then the TBELs will
be calculated and compared to WQBELs. The basis for any limit, TBEL or WQBEL is included in the
SOB.
The WET requirements that are incorporated into permits are based upon federal regulations. Typically,
the State conforms to the Region 8 guidance document related to WET testing to determine how to
incorporate WET limits into permits. Acute and chronic limits are included in permits when appropriate.
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The State has developed a permitting approach that is designed to assist permit writers in determining
when to incorporate WET limits into CBM permits. A copy of this permitting approach is available on
the WDEQ Web site. The WDEQ also utilizes Region 8 guidance documents related to WET testing to
determine how to incorporate WET limits into non-CBM permits.
EPA Region 8:
For permits in Region 8 where EPA is the NPDES authority, WQBELs are included where the discharge
may cause or contribute to an exceedance of the water quality standard. The WQBELs are calculated
using a mass balance or derived from modeling. For Indian Country, in cases where no EPA-approved
WQS are present, designated uses, appropriate CWA section 304(a) criteria, adjacent State WQS, and/or
Tribal standards are evaluated when developing WQBELs. WQBELs for discharges to impaired waters
are established as the criteria and applied at the end of pipe. EPA Region 8 interprets this as not causing
or contributing to the impairment.
None of the discharges permitted by EPA Region 8 are to waters listed as impaired under CWA section
303(d) with TMDLs in place. In the event this situation presents itself in the future the Water Permits
Unit would work closely with the TMDL program to ensure the wasteload allocation is appropriately
reflected in the permit.
EPA Region 8 relies on EPA's National TMDL Tracking System (NTTS) to track permits that are
implementing TMDLs.
Under CWA section 303(c)(2), States and authorized Tribes submit new or revised WQS to EPA for
review and approval. This review process provides the mechanism by which EPA Region 8 ensures the
numeric standards are protective of designated uses. Where EPA Region 8 finds that the State or Tribal
WQS are not protective, the Region has authority to disapprove those WQS. And, if the State or Tribe
fails to correct a disapproved WQS, EPA has authority, under CWA section 303(c)(4), to promulgate
protective federal WQS. EPA Region 8 works extensively with the States and Tribes before they adopt
new or revised WQS to ensure the WQS are scientifically defensible and protective.
EPA Region 8 does not have a formal process in place to ensure timely and appropriate permits. The
Water Permits Unit is evaluating: 1) management tools to ensure timely issuance of permits; and
2) national permit quality tools ("National Permit Quality Review Checklist" and the "Central Tenets")
to verify appropriate conditions are included in all permits.
For narrative criteria "no toxics in toxic amounts", appropriate acute and chronic WET limits are
applied. Other narrative criteria may be placed as a narrative limit in a permit, where appropriate.
Reasonable potential for WET is determined using the technical support document (TSD) procedure.
With other toxics, the TSD procedure is not used usually due to the lack of sufficient data points (small
facilities with infrequent discharges). Reasonable potential for these pollutants are determined on a case
by case basis. EPA Region 8 developed a Region 8 WET guidance and boilerplate language to ensure
the program complies with the federal WET regulations.
Technology-based limits are imposed for facilities which fall under effluent limitation guidelines
(ELGs), and secondary treatment technology requirements are imposed for municipal facilities as
appropriate. When a permit application is received the permit writer evaluates whether any ELG's
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apply. If there is uncertainty other permit writers and the appropriate EPA headquarters ELG contact are
consulted.
2. Pretreatment
The State of Wyoming:
Wyoming is not authorized to administer the pretreatment program.
EPA Region 8:
Wyoming has five approved pretreatment programs.
To help implement the pretreatment program, EPA Region 8 has developed and held a three-day
pretreatment workshop annually for the past thirteen years. The pretreatment workshop also includes an
in-depth 2-day training session on biosolids issues.
The pretreatment program also relies on a pretreatment database that tracks annual report information,
including headworks loadings and SIUs. This is not an official EPA supported database and cannot be
guaranteed as an on-going management tool. This was developed and is used by the pretreatment
coordinator as a management tool.
To identify potential SIUs, the Region follows up each audit by reviewing phone books, water and
wastewater billing records and drives through likely industrial areas. In addition, electronic copies of
newspapers are reviewed and have assisted in identifying new and expanding businesses. The on-site
work is critical to ensuring publicly owned treatment works (POTWs) are effectively identifying users.
Region 8 approves new pretreatment programs as needed. Pretreatment program audits are completed
on approximately 20% of the POTWs in the Region per year (i.e., each program is audited once every
5 years). Program audits typically have a number of required actions which are tracked and verified by
the program and during PCIs by the enforcement staff. These audits are very effective at keeping
programs updated and implementation consistent with federal requirements. An exit interview is held at
the end of each audit to summarize the major findings.
After an audit is conducted, reports are mailed out within two weeks. A POTW must respond back to the
EPA within 30 days of receipt of the report. In some cases, EPA specifies the time frame that the POTW
must comply with to address the deficiencies. In other cases, EPA requests the POTW to provide the
date of completion for the required actions. All audit reports and significant noncompliance/reportable
noncompliance (SNC/RNC) determinations are provided to EPA's enforcement program for formal
follow up if the deficiencies are of a serious nature.
The annual report review for Wyoming is targeted for completion within 60 days of receipt. Follow-up
is included in the 60 days except where local limits revisions and grease control programs are found to
be necessary. These activities require varying amounts of time to complete.
SIUs are located in both approved and non-approved programs. Over 96% of the identified SIUs in
approved programs in Wyoming have control mechanisms in place. The EPA does not issue permits or
control mechanisms in non-approved programs, since there is no federal authority to do so. Industrial
users in non-approved programs, if violating, may be issued a formal enforcement action.
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3. Concentrated Animal Feeding Operations
The State of Wyoming:
The State adopted revised CAFO rules in November 2004. As of April 2005, Wyoming has permitted
62 CAFOs.4 Currently, 56 of the 62 CAFOs have approved nutrient management plans (NMPs). All
CAFO permits are issued as individual permits.
The majority of the animal feeding operation (AFO) facilities in Wyoming fall within the medium and
small threshold for animal numbers. WDEQ will coordinate with federal, State, and local agencies to
initiate a voluntary approach to assist these AFOs in minimizing impacts to water quality. If voluntary
efforts are unsuccessful, WDEQ will proceed with enforcement and require a CAFO permit for the
facility. AFOs that are not CAFOs are being assisted through the WDEQ non-point source program in
cooperation with the Natural Resources Conservation Service (NRCS), Wyoming Department of
Agriculture and the Wyoming Association of Conservation Districts.
Every new CAFO permit requires a NMP. NMPs are typically developed by NRCS certified planners
that take into consideration the minimum requirements for the NPDES program. The WDEQ, NRCS,
Wyoming Department of Agriculture and the Wyoming Association of Conservation Districts routinely
meet to discuss permitting, construction, and NMP issues. Inspectors review the NMPs with the operator
to ensure that the NMP is being properly implemented. CAFO's not in compliance with permitted NMP
requirements are being targeted for enforcement action.
All permits are being issued in a timely manner and the revised CAFO rules are currently being
incorporated into the State program. The NMP technical standards were finalized in April 2004. The
new State CAFO regulations were adopted in November 2004. The 1998 State CAFO compliance
strategy was updated in November 2004. All existing permits will be renewed on or before 12/06.
CAFO's are inspected within one year of permit issuance or renewal and at least one additional time
during the life of the permit. Certain CAFOs are targeted for additional inspections, especially if they
are located within the same sub-watershed as an impaired waterbody on the CWA section 303(d) list or
near a waterbody scheduled for a TMDL likely to be associated with CAFOs. The 1998 CAFO
enforcement strategy describes how compliance assistance, inspections and enforcement are targeted
and managed.
The WDEQ, NRCS and Wyoming Association of Conservation Districts have conducted and continue
to conduct outreach efforts on the new CAFO rules. The technical standards were finalized in April
2004 using the new federal rule as a guide.
EPA Region 8:
Permitted CAFOs are inspected, at a minimum, once during the life of the permit or once every five
years. Region 8 has used ground surveys, aerial flyovers and surveys of U.S. Geological Survey (USGS)
aerial photographs to inventory AFOs and CAFOs in Indian Country. Region 8 has surveyed and
inspected 13 of the 26 Tribes in the Region for high priority CAFOs and 12 CAFOs have been
identified. Fiscal year 2005 funding has been acquired to inventory/inspect 4 more reservations.
4 The National Data Sources column of the Management Report, measures #11 and #26 show that Wyoming has an estimated
39 CAFOs, all covered by NPDES permits. This is based on information provided in March 2004.
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Four CAFOs in Region 8 have submitted applications for EPA-issued permits. The Region issued
permits to two facilities in Region 8 (one in South Dakota and one in Wyoming) prior to the effective
date of the February 12, 2003, revisions to the federal CAFO rules. Two applications were submitted
after February 12, 2003 and EPA Region 8 is currently drafting permits. The permits will include all
requirements of the February 12, 2003 CAFO rules. The quality and effectiveness of nutrient
management plans will be evaluated during site inspections.
CAFOs that have not submitted permit applications will be addressed in a manner guided by the Region
8 Guidance for Compliance Monitoring, Compliance Assistance and Enforcement Procedures in Indian
Country.
4. Stormwater
The State of Wyoming:
The State has stormwater general permits for industrial activities, mineral mining activities, large
construction, and small construction, and small MS4's.5 The State does not require small construction
sites to submit a notice of intent (NOI) or application for coverage under the general permit; rather, sites
are covered if they meet the eligibility requirements. All regulated stormwater activities are covered by
general permits with the exception of industrial and mineral mining stormwater activities potentially
affecting Class 1, outstanding waters. Industrial and mineral mining stormwater discharges to Class 1
waters are covered using individual stormwater permits.
Class 1 waters are defined in the Wyoming Water Quality Rules and Regulations. Class 1 waters are
those surface waters in which no further water quality degradation by point source dischargers other
than from dams will be allowed. In designating Class 1 waters, the Environmental Quality Council shall
consider water quality, aesthetic, scenic, recreational, ecological, agricultural, botanical, zoological,
municipal, industrial, historical, geological, cultural, archaeological, fish and wildlife, the presence of
significant quantities of developable water and other values of present and future benefit to the people.
There are currently 7 individual stormwater permits, plus one other that is under public comment and
1388 coverages under general stormwater permits. The State does not envision any opportunity to
increase the use of general permits to improve efficiency in the stormwater program. The number of
permittees covered under a general permit (1388) does not include small construction sites because
Wyoming is not required to track this information per the Phase 2 stormwater permitting requirements.
Stormwater monitoring reports are tracked electronically through the stormwater tracking database (an
Access database). The primary information tracked electronically includes the permit holder, facility
name and location, receiving waters, issue and expiration dates, hydrologic unit codes (HUCs), and
basin identification. Sectors which require monitoring are timber products, metal mining, scrap and auto
salvage, and clay, concrete and gypsum.
5 The National Data Sources column of the Management Report, measure 30, shows that the small MS4 permit is in draft, based
on data as of July 1, 2004. This permit was issued February 1, 2005.
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EPA Region 8:
EPA Region 8 is the NPDES permitting authority for stormwater discharges associated with industrial
and construction activity for federal facilities in Colorado and for facilities located in Indian Country in
Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.
In Region 8, EPA-permitted discharges associated with industrial activity are covered by EPA's
October 30, 2000, multi-sector general permit (MSGP), except for facilities in Indian Country in
Montana, which are covered by the April 16, 2001, MSGP (See
http://www.epa.gov/region08/water/stormwater/industrial.html and
http://cfpub.epa.gov/npdes/stormwater/msgp.cfm) EPA-permitted discharges associated with
construction activity are covered by EPA's July 1, 2003 construction general permit (see
http://www.epa.gov/region08/water/stormwater/construction.html). There are no EPA-permitted MS4s
in Indian Country within Region 8.
EPA headquarters maintains a database of all MS4 permits throughout the country (both EPA and
State). For Region 8, a list of all applicants who have submitted a Notice of Intent (NOI) for MS4
permits (State and EPA) is maintained on the EPA Region 8 Web site. NOI data for construction and
industrial permits for EPA permits are maintained electronically via the NOI Processing Center NOI
database.
DMR data are not tracked electronically for EPA-issued stormwater permits. The construction general
permit does not require monitoring in the traditional sense. The small MS4 permit does not require
effluent monitoring. The following industrial sectors require effluent monitoring:
1. Cement manufacturing
2. Feedlots
3. Fertilizer manufacturing
4. Petroleum refining
5. Phosphate manufacturing
6. Steam electric
7. Coal mining
8. Mineral mining and processing
9. Ore mining and dressing
10. Asphalt emulsion
5. Combined Sewer Overflows/Sanitary Sewer Overflows
The State of Wyoming:
There are no combined sewer systems identified in Wyoming. Therefore, no long-term control plans or
notification procedures for combined sewer overflows (CSOs) have been developed. However, WDEQ
has a response plan addressing sanitary sewer overflows (SSOs). Wyoming's SSO response plan
consists of a background on SSOs, a strategy on how to develop the SSO inventory, Wyoming's
preventative program, and the response program. The plan does not contain procedures to notify the
public and public health authorities of SSO events because notification is currently handled by the local
authorities.
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In the past year, 2 of 4 SSOs known to be discharging were inspected. Three letters of violation were
issued to systems with SSOs.
EPA Region 8:
SSOs are reported under the bypass provisions included in EPA issued permits. For permits issued in
Indian Country the permittee must notify EPA's enforcement program and the respective Tribal
government if so required by the permit. EPA relies on the Tribe to notify the public and public health
authorities. For bypasses that may endanger public health or the environment the permittee must also
notify the EPA Region 8 Preparedness, Assessment and Response Program.
6. Biosolids
The State of Wyoming:
The State does not have authority to administer the sludge program.
EPA Region 8:
EPA Region 8 has direct implementation of the biosolids program in Wyoming. There are twelve
facilities in Wyoming granted coverage under the regional general permit WYG650000. This general
permit became effective in August 2002 and does not cover facilities or operations that incinerate
sewage sludge. The general permit covers details on the generation, treatment/monitoring, and the
use/disposal, along with the amount and location of biosolids. Use and disposal of biosolids covers land
application, landfill, and surface disposal.
In addition to facilities covered under WYG650000, general permit WYG651000 covers facilities
located in Indian Country in Wyoming.
Region 8 uses PCS to track biosolid general permit issuance. In addition, the BDMS is used to helped
improve compliance monitoring and biosolids management. BDMS also provides a standardized
reporting format and aids utilities in the central storage and retrieval of biosolids data. This system
allows utilities to electronically transmit data to the EPA and to prepare reports. The current version of
BDMS is BDMS version M or BDMS for municipalities.
In Wyoming, 63% of facilities use land application, accounting for 44% of the biosolids.
The Region 8 coordinator is relied on extensively at the national level. Region 8 is involved, through
membership, on the pathogen equivalency committee and is designated as a Biosolids Center for
Excellence.
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Section III. NPDES Compliance Monitoring
and Enforcement Response
In a separate initiative, EPA's Office of Enforcement and Compliance Assurance, EPA Regions, and the
Environmental Council of the States have developed a tool for assessing State performance in enforcement and
compliance assurance to ensure that States meet agreed-upon minimum performance levels and provide a
consistent level of environmental and public health protection nationwide. OECA will use the State profiles to
focus these efforts and identify areas needing further discussion and evaluation.
1. Enforcement Program
The State of Wyoming:
The State has an Enforcement Management System (EMS) document to determine the appropriate level
of enforcement response needed for each violation. Enforcement can be in the form of a letter of
violation (LOV), a notice of violation (NOV), a NOV with an administrative order, a NOV with
penalties, a NOV with penalties and an order, or a referral to the State Attorney General's office.
Enforcement is escalated when a facility fails to comply with the previously issued enforcement action.
The EMS includes responses for violations of WET requirements and although not explicitly, the EMS
also addresses wet-weather issues (CAFOs, SSOs, stormwater).
The State is notified of significant environmental issues by permittees in accordance with the permit
conditions and self monitoring reports, through inspections conducted by the State, or through
complaints from a third party. The enforcement response is based on the EMS. Compliance in the
stormwater program is gauged through site inspection results. Enforcement of the stormwater program
is conducted in accordance with the EMS. The State has committed to developing an enforcement and
compliance strategy for stormwater.
WDEQ does not routinely take FEAs against facilities which appear in SNC for one quarter. The Region
8 and WDEQ enforcement agreement places a priority on enforcement against major facilities which are
in SNC for two quarters. This accounts, in part, for the low percent of facilities in SNC which were
addressed by FEAs. In fiscal year 2003, WDEQ took enforcement action against one of two major
facilities which were in SNC for two consecutive quarters.6 The rate of SNC in Wyoming has decreased
significantly each of the last three years. The number of major facilities in Wyoming which appear on
the QNCR as in SNC may have been skewed by data problems in PCS. WDEQ has participated in data
clean up of PCS which may account for some of the drop in the SNC rate. In general, enforcement
actions issued by WDEQ contain appropriate provisions to return the facility to compliance including
specific timetables for compliance.
Wyoming's written NPDES penalty policy is part of the EMS document. The policy addresses the
recouping of an economic benefit through the issuance of a NOV with penalties or a referral to the State
Attorney General's office.
6 The National Data Sources column of the Management Report, measure #35, shows 0% of facilities in SNC addressed by
FEAs. The facility against which a formal enforcement action was taken was one of 5 in SNC during the time frame
considered for the measure, but there were data errors in linking the enforcement action to the violation in PCS.
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There were fifteen NOVs issued between January 1, 2001 and December 31, 2003. There was one NOV
issued during the 2001 calendar year. This was a NOV with an administrative order.
There were 11 NOVs issued during the 2002 calendar year. There was one NOV with no associated
penalty or administrative order. There were three NOVs issued with administrative orders. There were
seven NOVs issued with penalties. A total of $36,000 in penalties was levied with the State collecting
$26,500. The State is waiting for the payment of the remaining combined $9,500 penalty from three
separate NOVs. Of the $26,500 in penalties collected thus far, $15,000 was paid as a supplemental
environmental project (SEP) to a conservation group conducting a study to address impairments in the
Powder River.
In the 2003 calendar year there were two NOVs issued with administrative orders and one NOV issued
with a penalty of $42,500. Of the $42,500 in penalties, $7,000 will be paid as a SEP to support a Bureau
of Land Management (BLM) and Wyoming Game and Fish enhancement project and $23,500 is to be
paid as a SEP to a conservation group to support a study to address impairments in the Powder River.
There was one referral to the State Attorney General's Office in 2003.
The Region 8 and WDEQ enforcement agreement defines timeliness of enforcement against major
facilities as issuance of an enforcement action prior to a facility's second appearance on the QNCR for
the same violations. Timeliness of enforcement actions has been an issue. To alleviate this issue, EPA
and Wyoming have continued to have quarterly meetings where enforcement actions are discussed, and
WDEQ has begun closer review of the QNCR. Also, WDEQ has recently instituted changes in the way
it works with the Wyoming Attorney General's Office to improve the timeliness of enforcement actions.
The WDEQ has also added additional inspection and compliance staff which will improve efficiency.
Once a NOV is issued, the compliance supervisor tracks and monitors its status through the NPDES
enforcement database. Quarterly reports on the status of all NOV's are provided to the NPDES Program
Manager and the WDEQ Administrator.
EPA Region 8:
EPA Region 8 has an Enforcement Response Guide (ERG) that directs the Region's enforcement
process. The ERG indicates that an enforcement action should be initiated prior to a facility appearing
on the QNCR for the second quarter for the same parameter. For enforcement actions filed with the
Regional Hearing Clerk, the facility may appeal and request a meeting or hearing. The rules and
procedures of the courts are followed. EPA Region 8 is guided by its Regional Tribal Policy when
dealing with Indian Country facilities. EPA Region 8 has created a Case Development Guide, which
gives further guidance on penalty calculations, and case development.
The escalation process is described in the Enforcement Response Guide and the Region 8 Guidance for
Compliance Monitoring, Compliance Assistance and Enforcement Procedures in Indian Country.
EPA Region 8 uses PCS to track the noncompliance of the regulated community. The Regional
Enforcement Response Guide and Regional Tribal Policy provide guidance for the proper enforcement
response and the timeline for issuing the enforcement. Formal enforcement is taken for significant
noncompliance at a major facility.
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The administrative orders issued in Region 8 are not open for appeal. Respondents are generally given
30 days to file an answer to administrative penalty orders. If settlement cannot be reached during
settlement negotiations or alternative dispute resolution, cases are heard in front of an administrative
law judge. Generally the administrative law judge would determine the timeline for the hearing process.
The Region routinely conducts inspections at the over 180 wastewater treatment facilities on Indian
Country, the vast majority of which are not major facilities. The appropriate enforcement response is
then guided by the Region 8 Guidance for Compliance Assistance and Enforcement Procedures in
Indian Country.
The Regional Enforcement Response Guide is applied to pretreatment and the wet-weather programs for
which the Region has authority. Significant violations are determined during inspections and/or review
of DMR that are entered into PCS. Region 8 has also recently drafted a storm water enforcement
response guide. For SIUs, SNC is defined by regulation. The Region uses a checklist to determine SNC
for approved pretreatment programs.
EPA Region 8 uses the national Clean Water Act Penalty Policy. The penalties are calculated in
accordance with the policy and take into consideration the economic benefit of noncompliance and the
gravity. Region 8 uses the national SEP policy. Region 8 also utilizes the Supplemental Guidance to the
Interim Clean Water Act Settlement Policy (March 1, 1995) for Violations of the Construction
Stormwater Regulations.
Table 3: Enforcement Actions taken by E
*A Region 8 in all Region 8 States and Indian Country
Administrative Orders
Administrative Penalty Orders
Penalties Collected
Fiscal Year 2001
18
7
$ 40,000
Fiscal Year 2002
8
6
$ 295,952
Fiscal Year 2003
34
9
$ 163,776
All of the penalties recovered economic benefit at a minimum.
Region 8 NPDES encourages SEPs and uses EPA's SEP guidance. The Region's Environmental Justice
program has taken an active role in negotiating SEPs which benefit the impacted community.
Injunctive relief for civil enforcement actions taken by Region 8 in all Region 8 States and Indian
Country for each of the last three years is: FY2001 $372,968; FY2002 $323,335; FY2003 $154,200. In
FY2001 there were 2 referrals to the Department of Justice. There were also 2 referrals in FY2002 and
6 in FY2003.
2. Record Keeping and Reporting
The State of Wyoming:
The State enters data as quickly as possible into the WDEQ NPDES database and establishes priorities
for the entry of data into the database. As an example, the priority associated with entering inspection,
permit tracking data and enforcement action data is high. Therefore, these data are entered into the
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database within fifteen days of receipt of the inspection, permit or enforcement action. Other types of
data with lower priorities are entered as time permits. Further information on data entry into PCS can be
found in the data management section of the profile.
The State reviews all DMRs for compliance with permit limits and conditions. In addition, if laboratory
reports are submitted with the DMRs, the reports are compared to the values reported on the DMRs.
During the 2001 audit of WDEQ's NPDES program and a subsequent file review, 8 of 23 files reviewed
did not include DMRs. It is believed that some of the DMRs were missing because they were still
waiting for data entry into PCS. No more recent information is available on the completeness of files.
Also, the 2003 Department of Environmental Quality Permitting Task Force Report recommended to
the State Legislature that a full time position be funded to "manage and direct the DMR program." This
position was approved and filled in the fall of 2004.
WDEQ has developed a standard operating procedure regarding access to public information (policy
P-2). All files are available for public review at the Cheyenne office except enforcement sensitive
information. This policy also outlines the content of NPDES permit files, and basic archiving
requirements for those files.
EPA Region 8:
Administrative orders generally require sources to submit to EPA periodic reports, monitoring results, or
other data. These data are used by the enforcement unit to determine the source's compliance with the
enforcement action and the CWA, and determine if escalation is necessary. Generally, the response to
violations of administrative orders is determined by the Region's enforcement response guide.
3. Inspections
The State of Wyoming:
The current WDEQ NPDES database assigns base points to each major facility to ensure the facilities
receive a high priority and are inspected each year. Additionally, all facilities are given priority points
based on type and number of violations, the last time the facility was inspected, and when the current
permit expires. All minor facilities are to be inspected at least once every five years. CAFO inspections
are conducted in accordance with the 1998 Wyoming CAFO Enforcement Strategy.
The 25 major facilities currently operating in Wyoming are considered to be facilities that pose the
greatest risk to designated uses of surface waters of the State. Due to the current and projected pace of
CBM development in Wyoming, CBM discharge permits have warranted a higher priority for
inspection. Facilities which discharge water with a lower risk to public health or the environment
receive a lower inspection and monitoring priority.
The WDEQ typically inspects 100% of major facilities and 20% of minor facilities each year. The
number of stormwater inspections is negotiated with EPA every year. Due to the addition of more than
800 new CBM facilities over the last five years, the number of facilities inspected has increased over the
past three years.
WDEQ participates in EPA initiatives, particularly wet-weather. Each year WDEQ has committed to
targeting a certain number or percent of stormwater, SSOs, and CAFO facilities for inspection.
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Additionally, WDEQ has developed enforcement strategies for CAFOs and SSOs, and is developing a
strategy for stormwater.
WDEQ conducts a file review for every inspection except for the cases in which a facility is inspected
multiple times during a year.
EPA Region 8:
EPA Region 8 has direct implementation authority for the pretreatment program in Colorado, Montana,
North Dakota and Wyoming. The approved programs and SIUs not in approved programs are inspected,
at a minimum, once in the life of the permit, or once every five years. The Region has developed a
schedule to perform the inspections on a rotating basis so that complete coverage of the regulated
community is obtained. For 2005, Region 8 committed to inspect 75% of the approved programs for
which it is the approval authority through PCIs or audits and all SIUs in non-approved programs with
significant violations.
The Indian Country in Region 8 is also under the direct authority of EPA. EPA conducts inspections and
provides compliance assistance in the field on a regularly scheduled basis. As with pretreatment, Region
8 has developed a schedule to inspect Indian Country facilities at least once during the life of the permit.
There is only one major facility in Indian Country in Region 8.
Along with the municipal lagoons, EPA Region 8 has direct implementation authority for the CAFOs
located on Indian Country. The Region has developed a system to inventory/inspect the reservations for
CAFOs. The Region has inventoried 13 of 26 reservations in Region 8, and will inventory four more in
2005. During the inspections, inspectors provide compliance assistance to the facilities.
Along with its direct implementation areas, the Region conducts two oversight inspections per year with
each State.
Facilities are inspected in accordance with established schedules. If monitoring data entered into PCS
indicate that violations are occurring, then that facility will be moved up on the inspection list. Proper
enforcement is initiated in accordance to the Regional Enforcement Response Guide.
File reviews are an integral part of field inspections and Region 8 typically reviews at least part of a
facility's files during any inspection. NPDES permit conditions often drive file reviews by defining the
frequency and scope of file contents.
EPA Region 8 conducts inspections for the base program (major facilities and minor facilities) on a
schedule to ensure minimum coverage. The Region has also targeted priority sectors, primarily
stormwater and CAFOs, to maximize field presence and enforcement in these sectors.
4. Compliance Assistance
The State of Wyoming:
To help the regulated community comply with environmental requirements, the State NPDES program
provides quarterly outreach to operators to assist with proper completion of applications, understanding
and interpretation of permit conditions and proper completion of DMR forms. The State has had
individual meetings with all facilities covered by the Phase II stormwater regulations and participates in
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Wyoming
Last Updated - 6/20/05
meetings with the contractors association. The State works closely with Casper College to provide
assistance to small municipal wastewater facilities. Also, WDEQ often provides assistance to facilities
which are out of compliance. Information on how WDEQ measures outcomes from compliance
assistance activities is not available.
As a measure of environmental results from enforcement actions, Wyoming does not use loading
reductions. Rather, the State measures the environmental results of its actions by the reduction of SNC
with NPDES permit requirements.
The State utilizes a number of approaches to identify areas with environmental concerns, including;
1) use of the program database to identify segments of the regulated community that are experiencing
substantial noncompliance, 2) contact from specific groups with concerns about compliance, and
3) feedback from inspectors identifying specific sectors or entities that need assistance in understanding
and meeting compliance goals.
The State identifies appropriate tools for achieving compliance based on past experience, discussions
with other States and EPA, feedback from stakeholder groups, and evaluation of successful efforts in
other State programs.
EPA Region 8:
The Region relies mainly on compliance assistance in Indian Country. In the event a long term
compliance problem is identified, the Region develops a Compliance Assistance Plan as outlined in the
Region 8 Guidance for Compliance, Monitoring, Compliance Assistance and Enforcement Procedures
in Indian Country.
Compliance assistance activities are entered into the Regional Compliance Assistance Tracking System
(RCATS) database. However, outcomes are not currently measured.
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Wyoming
Last Updated - 6/20/05
Section IV. Related Water Programs
and Environmental Outcomes
1. Monitoring
The State of Wyoming:
Wyoming is one of the few States that has implemented a probabilistic survey design which began in
2004. While the current percentage of stream miles assessed is quite low, when enough data have been
collected to formulate a reasonable and defensible statewide assessment, the number for percentage of
stream miles assessed will rise significantly.
Wyoming has developed a five-year monitoring strategy which is posted on the State's Web site
http://deq.state.wy.us/wqd/watershed/index.asp. It is a strategy for ambient water quality monitoring and
was not meant to be a strategy for the NPDES program. The strategy is only intended to assist the
NPDES program with monitoring for the development of wasteload allocations. The strategy is largely
based on existing resources. The biggest limiting factor to expanding the monitoring program is staffing.
According to WDEQ, the greatest non-staffing resource need is for funds to complete the national
wetlands inventory (NWI) for Wyoming. The area of greatest energy development in Wyoming is in the
northeast, which is also where the NWI is most lacking. A wetland monitoring program would be
difficult to carry out without a complete inventory of the resource. Further, with funding for NWI
completion being uncertain at best, a timeline for its completion cannot be determined at this time.
The strategy also includes the development of a lake monitoring program. Currently, the lake program is
focused on large reservoirs with public access and recreational uses. Increasing lake monitoring would
require additional resources, largely in the form of staff. With existing staffing levels, expanding the
NPDES program is a higher priority than enhancing the lake monitoring program.
The NPDES program identifies priority waterbodies associated with point source discharges for
monitoring. Permit expiration dates are being coordinated so that all permits within a given watershed
expire on the same date, allowing for a comprehensive review of cumulative impacts. The WDEQ
NPDES and watershed management programs coordinate work efforts in accordance with the watershed
management's five year ambient monitoring program. The program strategy includes a portion of
sampling to support characterizing ambient water quality for permit reissuance.
Fish tissue monitoring in the State is considered to be the responsibility of the Wyoming Game and Fish
Department (WGF.) The WGF, EPA's Environmental Monitoring and Assessment Program (EMAP),
and the National Water-Quality Assessment (NAWQA) program of the USGS have conducted fish
tissue monitoring in Wyoming. Wyoming will review all data as they become available to assess
whether fish tissue contamination is an issue before the State decides to invest in collecting additional
stream fish tissue data.
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Wyoming
Last Updated - 6/20/05
2. Environmental Outcomes
The State of Wyoming:
Wyoming reports an assessment of 3.5% and 1.5% of river and stream miles and lake acres,
respectively. This percentage may appear small for two reasons; 1) Wyoming samples a full suite of
chemical, biological and physical parameters, and 2) Wyoming does not extrapolate beyond the actual
stream segment that has been assessed when sites are chosen with a targeted design. These sites, which
comprised the majority of stream sites assessed between 1998 and 2004, were selected because they had
at least some information that suggested that uses were not fully supported. The use of these data to
estimate statewide water quality conditions would be inherently biased and result in inflated estimates of
miles of impaired streams.
The State's monitoring strategy includes implementation of a probabilistic design for streams, which
will significantly increase the percentage of stream and river miles assessed for aquatic life use. The
strategy includes the development of a lake monitoring program (not in place previously), though the
number of lakes planned for sampling is limited. Additional resources would be needed to increase this
number, and the strategy is based only on existing resources. There is limited language on wetlands
monitoring.
EPA Region 8:
EPA Region 8 tracks the environmental effects and results of enforcement actions with the Case
Conclusion Data Sheets that are a part of the ICIS tracking system. Pollutant loading reductions are
calculated for all enforcement actions and tracked in ICIS as well.
3. Water Quality Standards
The State of Wyoming:
The surface water standards contain both numeric and narrative criteria. With few exceptions, the
numeric criteria are based on either EPA's nationally recommended criteria for the protection of aquatic
life and human health under the CWA section 304(a) or Safe Drinking Water Act (SDWA) maximum
contaminant levels for the protection of public drinking water supplies, whichever is more appropriate
for the particular designated use. These numeric criteria are risk-based values developed by EPA. The
State relies upon EPA's recommendation that they are protective of the uses for which they were
designed.
In addition to the numeric criteria, narrative criteria have been adopted that describe acceptable
waterbody conditions for types of pollution that cannot be reasonably expressed as numeric values.
Narrative criteria have been adopted for: dead animals and solid waste; floating and suspended solids;
taste, odor, and color; industrial water supplies; agricultural water supplies; undesirable aquatic life;
biological condition; and toxic substances not otherwise covered by numeric criteria. The narrative
criteria are protective of the designated uses of the waters to which they apply by setting limits on the
type of pollution to be at a level that will not result in significant adverse effects to the designated uses
of the particular water. Compliance with the narrative criteria is determined on a site-by-site basis.
The WDEQ views numeric nutrient and sediment criteria development as a low priority for the next five
years. WDEQ believes that the extreme heterogeneity in landform, geology and climate in Wyoming
makes reference development for numeric criteria extremely costly; nutrient criteria development is
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Wyoming
Last Updated - 6/20/05
better done on a site-specific basis. Wyoming is investing in biological condition assessment by
developing biological criteria, such as an improved multimetric index and a new predictive
bioassessment model. The WDEQ believes that used together, narrative WQS, good water quality data,
and accurate assessments of biological condition should identify sediment and nutrient problems, and
preclude the need for numeric sediment and nutrient criteria.
EPA's review of Wyoming's NPDES permits has demonstrated that the WDEQ's implementation of the
State's antidegradation rule is consistent with its revised WQS, including the antidegradation provisions
and the Anti degradation Implementation Policy.
Neighboring States whose WQS are considered during permitting include Colorado, Utah, Idaho,
Montana, South Dakota and Nebraska.
4. Total Maximum Daily Loads
The State of Wyoming:
A majority of the permits that require TMDL development have been identified on the State's list of
impaired waters prepared under CWA section 303(d). For TMDLs that are incorporated into NPDES
permits, the TMDL is based upon the wasteload allocation, load allocation and a margin of safety. The
wasteload allocation, based upon the mass balance approach, utilizes the instream standard, the
upstream flow of the receiving stream, the maximum discharge volume and the upstream concentration
of the constituent to calculate the maximum allowable concentration of the constituent in the effluent.
The wasteload allocation typically is used to calculate WQBELs in the permit. The WQBELs are then
compared to the TBELs and the most stringent limit is incorporated into the permit. All TMDLs that are
developed are submitted to Region 8 for review and approval. The State maintains an Access database
to track the TMDLs that have been submitted and approved by EPA. Based on the information in the
management report, Wyoming has maintained an outstanding pace in development of TMDLs. Of the
TMDLs established through fiscal year 2003 in Wyoming, about one-quarter included NPDES point
sources.
The need for WQBELs is determined when the permit writer evaluates the potential pollutants to be
discharged and compares them with the State's applicable WQS. If a WQS exists and is applicable to
the receiving stream, then a WQBEL is calculated. If the expected concentration of the pollutant is
expected to exceed that of the WQS or WQBEL, the WQBEL will be incorporated into the permit.
When developing TMDL's the ambient conditions are characterized by evaluating available water
quality data. The source of the data typically is USGS, WDEQ or the permittee.
In impaired waters that have no TMDL, the effluent limit of the pollutant of concern is equivalent to the
water quality standard. The WQBELs are then established to ensure that the discharge does not
contribute additional load to the receiving stream and the impairment.
All developed TMDLs are sent to EPA for their review and approval. Currently, 100% of the State's
TMDLs are approved and there have been no delays in completing them.
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Wyoming
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EPA Region 8:
None of the discharges permitted by EPA Region 8 are to listed waters with TMDLs in place. In the
event this situation presents itself in the future, the Water Permits Unit would work closely with the
TMDL program to ensure the wasteload allocation is appropriately reflected in the permit.
5. Safe Drinking Water Act
The State of Wyoming:
As stated in Section IV.3 WQS, the SDWA is used to help set numeric criteria to meet the water's
designated uses.
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Water Quality Division
12/04
Administrator
John Wagner
Water and Waste
Advisory Board
Nonpoint Source
Task Force
TMDL Advisory
Workgroup
Groundwater/UIC
Protection
Kevin Frederick
GPC
Permitting
Monitoring &
Compliance
Mark Thiesse
Don Fisher
Heidi Kaiser
Federal
Facilities
Compliance
Jane Cramer
Jim Cranmer
Water & Waste
Water Program
Larry Robinson
I
I
Asst. Attorney
General
Mike Barrash
Infomation Processing
and Support
Kim Goodmav
Barb Barnes
Jenine Mills
Jackie Dice
AUST
Compliance
Bob Lucht
Dave Bratton
Oma Gilbreth
Watershed
Management
Beth Pratt
LAUST
LeRov Feusner
Construction
Permitting
Dennis Lamb
Rick Estes
Dovle Conklin
Lou Harmon
Ron Ewald
Jeff Hermanskv
Mark Baron
CWA&
SDWA SRF
Brian Mark
Kevin Frank
Source
Water and
Wellhead
Protection
Kim Parker
WQ-Standards,
TMDLs &
Federal Review
Certification
Bill DiRienzo
Jeremy Lyon
Don Newton
Mark Conrad
Steve Rea
Jeff Clark
Jack Smith
Monitoring&
Assessment
Jeremy Zumberg
Eric Harget
Lanny Goyn
Tavis Eddy
Chad Rieger
Scott Collyard
Jason Martineau
Remediation
Paul Hildenbrand
Adrian Ducharme
Karen Halversen
Sterling Roberts
Doug Gilmer
Alan Guile
Scott Forister
Paul Wollenzien
Wayne VanDamme
NPDES
Todd Parfitt
NPDES
Permitting
Leah Krafft
Barb Sahl
Kathy Shreve
Jason Thomas
Vacant
Becky Peters
Roland Peterson
Dan Hengel
Jen Zygmunt
Subdivision
Reviews
John Passehl
Operator
Certification
Molly Nelson
Operator Examination
and Certification
Advisory Committee
Monitoring
Lab
Ed Mock
Matt Jankovski
John Yetka
Marisa Latady
NPDES
Compliance
Brian Lovett
Brian Bohlmann
Mark Buchoiz
Bob Alexander
Peggy Forester
Ann Dehoff
Lynn Hudson
Jim Eisenhower
Glen Garton
Jennifer Frazier
Craig Toal
Bill Barrett
Vacant
-------
NPDES Management Report, Spring 2005
Wyoming
National Data Sources
Profile
Section
GPRA
Goal
Nat. Avg.
State
Activities
EPA
Activities
NPDES Progress
1
# major facilities (6,690 total)
1.1
n/a
25
0
2
# minor facilities covered by individual
permits (42,057 total)
1.1
n/a
1,598
26
3
# minor facilities covered by non-storm
water qeneral permits (39,183 total)
1.1
n/a
290
0
4
# priority permits
(TBD)
1.6
-
-
5
# pipes at facilities covered by individual
permits (142,761 total)
1.7
n/a
2,750
-
10
yrs. (56 total)
1.6
n/a
0
0
c
o
22
% priority permits issued as scheduled
(TBD '05)
1.6
95%
2005
"
-
c
0)
E
a)
23
% pretreatment programs
inspected/audited during 5 yr. inspection
period
II. 2
85.3%
n/a
100.0%
E
24
% SI Us w/control mechanisms
II. 2
99.2%
n/a
96.3%
E
O)
25
% of CSO permittees with long-term
control plans developed or required
II. 5
75%
2008
82.2%
n/a
-
CL
26
% CAFOs covered by NPDES permits
II. 3
35%
100%
-
CO
LD
a
CL
27
% biosolids facilities that have satisfied
part 503 requirements (TBD '05)
II. 6
-
"
28
# Phase 1 storm water permits issued but
not current (76 total)
II. 4
n/a
0
0
29
# Phase 1 storm water permits not yet
issued (5 total)
II. 4
n/a
0
0
30
Phase II storm water small MS4 permits
current (Y/N/D (draft))
(35 States)
II. 4
100%
states
2008
n/a
D
n/a
31
Phase II storm water construction permit
current (Y/N/D (draft)) (49 States)
II. 4
100%
states
2008
n/a
Y
Y
"O
c
32
% major facilities inspected
III. 3
71%
81%
0%
O)
= 1
35
% SNCs addressed by formal
enforcement action (FEA)
III.l
14%
0%
-
i |
36
% SNCs returned to compliance w/o FEA
III.l
70%
80%
-
° c
CO HI
ID
37
# FEAs at major facilities
(666 total)
III.l
n/a
1
1
CL
38
# FEAs at minor facilities
(1.660 total)
III.l
n/a
2
0
Additional Data
State
Activities
EPA
Activities
12
62
11/04
100.0%
99.0%
100%
85%
20%
Explanation of Column Headers:
Profile Section: For each measure, this
column lists the section of the profile where
the program area (including any additional
data for the measure) is discussed.
National Data Sources: The information in
these two columns is drawn from two types of
sources:
(1) EPA-managed databases of record for the
national water program, such as PCS, the
National Assessment Database, and the
National TMDL Tracking System. NPDES
authorities are responsible for populating PCS
with required data elements and for assuring
the quality of the data. EPA is working to
phase in full use of NAD and NTTS as
national databases.
(2) Other tracking information maintained by
EPA Headquarters for program areas such as
CAFOs, CSOs, and storm water.
The definitions document accompanying this
Management Report provides a detailed
definition of each data element in the National
Data Sources columns.
Additional Data: These columns provide
additional data in cases where information
from other data sources differs from
information in the National Data Sources
column for reasons such as different timing of
the data "snapshot." Additional data should
generally adhere to the same narrative
definitions as data in the National Data
Sources, and should be derived using similar
processes and criteria. Our goal is to work
with the States on these discrepancies to
ensure consistent and accurate reporting. A
State contact is available who can respond to
queries. The profiles discuss each additional
data element.
State Activities: Information in these columns
reflects activities conducted by the State
program. (Shaded cells in these columns
indicate that the work may not be entirely the
State's responsibility, but a breakdown of the
data into EPA and State responsibilities is
unavailable.)
EPA Activities: Information in these columns
reflects activities conducted by the EPA
Region within the State.
-------
NPDES Management Report, Spring 2005
Wyoming
National Data Sources
Profile
Section
gPRA
Goal
Nat. Avg.
.
iS
EPA
Activities
Water Quality Progress
39
River/stream miles
(3,419,857 total)
n/a
1
n/a
a;
40
Lake acres (27,775,301 total)
n/a
6
n/a
> c
— o
3 2
44
On-time Water Quality Standards (WQS)
triennial review completed (42 States)
n/a
n/a
11
> "O
> <
45
# WQS submissions that have not been
fully acted on after 90 days (32 total)
n/a
.
0
46
State is implementing a comprehensive
monitoring strategy (Y/N) (TBD)
¦
-
-
47
% river/stream miles assessed for
recreation
13.8%
n/a
48
% river/stream miles assessed for aquatic
life
22.0%
n/a
C
o
49
% lake acres assessed for recreation
49.4%
n/a
c
CD
50
% lake acres assessed for aquatic life
48.5%
n/a
CD
Q.
£
51
# outstanding WQS disapprovals
(23 total)
n/a
n/a
a
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