The Environmental Law & Policy Center (“ELPC”) issued on October 12th a report titled:
Analysis of U.S. EPA Region 7’s Clean Water Enforcement (“Report”)
The Report addresses Clean Water Act enforcement issues in the United States Environmental Protection Agency’s (“EPA”) Region 7 Office. This EPA Region covers the following states:
- Iowa
- Kansas
- Missouri
- Nebraska
Region 7 also encompasses nine Native American Tribes.
The Report argues that the Region has “stepped back from its responsibility, leaving our lakes, rivers, and streams vulnerable.”
ELPC states that it developed the Report after reviewing publicly available enforcement data. It concludes that Clean Water Act enforcement in Region 7 has been declining. This trend is stated to coincide with:
- Shrinking resources
- Shrinking staff
- The current Administration’s shifting political priorities
The Report argues that the alleged enforcement decline is demonstrated by:
- Less case initiations
- Lower civil penalties
- Higher rates of significant noncompliance with the Clean Water Act among major facilities
- Declining resources
- Lower staffing levels
The Report also references declining resources for state pollution control agencies. This is stated to be due to reliance on federal pass-through funds or hostile state administrations and legislatures.
The Report contains charts and information addressing topics such as:
- Civil Penalties and Compliance Costs for Clean Water Act Violations
- Budget Cuts and Less Resources
- Trends in Staffing Levels
- Enforcement and Compliance Budget and Spending
- State Resources (Budgets and Staff Levels)
- Federal Funding for State Clean Water Programs
- Example Facilities
The Report concludes that:
- EPA must improve environmental law enforcement and compliance activities by hiring and retaining adequate staff and deploying the full amount of funds appropriated by Congress
- The public should contact both Congress and state officials requesting adequate resources
- Congress should increase funding for EPA’s enforcement and compliance
A copy of the Report can be downloaded here.
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