Priority Area 7:
Duplicate Enforcement Reporting

 

A number of states recommended changes to enforcement and compliance reporting requirements.  These requirements do not necessarily relate to one another, but they were grouped under Priority Area 7 because they share two common characteristics: 1) they are related to enforcement/ compliance and 2) the states have expressed concerns that they have to submit the same information more than once.

The state recommendations under this priority area and EPA’s responses are as follows:

• Recommendation E5 – Reporting Enforcement and Compliance Assurance Priorities (RECAP) – Texas recommended that EPA eliminate this report.  Region 6 agreed.

• Recommendation E6 – Quarterly Watch Lists – Nebraska and Texas recommended eliminating the Quarterly Watch Lists for the Clean Air Act (CAA), National Pollutant Discharge Elimination System (NPDES), and Resource Conservation and Recovery Act (RCRA).  After senior management discussion, EPA has decided to not implement this recommendation.  The Watch Lists are generated by EPA to reduce burden on the states as much as possible, and are a critical tool for tracking facilities that are in violation of the CAA, CWA, and RCRA. 

• Recommendation E14 – CAA Section 105 Annual Monitoring Report – Nebraska recommended eliminating this report because it is already entered into EPA’s Air Quality System (AQS).  Region 7 agreed. 

• Recommendation E16 – National Pollutant Discharge Elimination System (NPDES) enforcement and inspection documents – Colorado recommended that Region 8 eliminate its requirement to submit NPDES enforcement documents and associated correspondence as well as NPDES inspection reports.  Region 8 agreed to reduce the requirement to a subset of inspection reports (reports for majors, concentrated animal feeding operations (CAFOs), and storm water inspection reports which have been completed by contractors).

• Recommendation E17 – Significant Industrial User (SIU) Semi-annual and Annual Reports - Nebraska recommended that Region 7 eliminate its requirement that the state submit SIU reports because Region 7 can generate them from the Integrated Compliance Information System (ICIS). Region 7 has committed to try to generate these reports itself from ICIS.

• Recommendation E24 – Performance Partnership Agreement (PPA) Reporting– Colorado recommended that EPA streamline its enforcement reporting by utilizing a state’s PPA as its only reporting tool.  Region 8 has attempted to incorporate enforcement and compliance reporting into Colorado’s PPA, but the Region cannot fully meet Colorado’s recommendation.  The Region has pledged to seek opportunities for streamlined reporting on an ongoing basis.

• Recommendation E27 – Annual Public Water System (PWS) Report – Kentucky and North Dakota recommended that EPA eliminate the PWS Report because the same information is available in other formats.  After senior management discussion, EPA has decided to not accept this recommendation.  Eliminating the PWS Report altogether would make it more difficult for the public to learn about the quality of their drinking water.  The Safe Drinking Water Act requires that states submit this report, moreover, and EPA has no authority to remove a statutory requirement. EPA has taken a number of steps to reduce states’ PWS reporting burden while still meeting statutory requirements.

• Recommendation E29 – Notices of Violation– Alabama recommended that EPA consider state Notices of Violation (NOVs) as formal actions given these actions can be appealed. Alabama explained that doing so would eliminate the need to prepare reports on why the state has taken no formal action against a violator. After senior management discussion, EPA has decided to not accept this recommendation.  EPA does not consider NOVs as formal enforcement actions because most state NOVs under most state statutes are not enforceable or legally binding.