David Cozad, US EPA Region 7, EPA Enforcement and Next Generation Compliance, Missouri Water Seminar, September 10-11, 2015, Columbia, MO

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The document discusses challenges with environmental compliance and enforcement due to factors like declining budgets and information gaps. It proposes that advances in monitoring technologies can help address these challenges by making pollution more visible in real-time, informing the public and driving compliance through transparency. Specifically, it describes how next generation compliance tools like advanced electronic monitoring, reporting and transparency measures have been included in EPA enforcement actions and regulations to modernize compliance.

U.S. Environmental Protection Agency
EPA Enforcement and Next Generation
Compliance
David Cozad, Regional Counsel
US EPA Region 7
1

Compliance Challenges
 Pollution
 Noncompliance
 Information gaps
 Larger universe
 Budgets declining
4
U.S. Environmental Protection Agency

The World is Changing
3
U.S. Environmental Protection Agency

Technology Paradigm Change
U.S. Environmental Protection Agency
4

EPA Region 7’s KCWaterBug
U.S. Environmental Protection Agency
5
Mobile app providing real-time water quality data in the Kansas City area
using USGS innovative approach for estimating bacteria concentrations
based on basic water quality parameters.

Technology Opportunities
6
 Advances in information and monitoring technologies:
 “make the invisible visible”
 inform industry, government, and the public
 enhance ability to prevent, reduce, treat or avoid pollution
 drive compliance through transparency and accountability
U.S. Environmental Protection Agency

Next Gen Compliance Tools
 Advanced monitoring
 E-reporting
 Transparency
 Third party verification
U.S. Environmental Protection Agency
7

Advanced Monitoring Technologies
8
 Real-time monitoring –
knowing about pollution
as it’s happening
 Facility feedback loops –
preventing pollution
before it happens
 Fenceline monitoring
 Community monitoring
 Remote sensing
U.S. Environmental Protection Agency
Monitoring buoy in Charles River
collects and transmits data

Advanced Water Monitoring: E-Flow
 E-flow monitors
 Flow detection/notification
 Flow height
 Flow depth/velocity
 Examples:
 City of Seattle NPDES Permit
 City of Harrisburg CSO Consent Decree
 Washington DC CSO Consent Decree
 St Louis CSO/SSO Consent Decree
U.S. Environmental Protection Agency
10

Advanced Monitoring: Real-time Ambient WQ Monitoring
 Mostly screening level/indicator technology to date
 Rapid advances and emerging technology
 Well developed technology exists for continuous, real time monitoring for BOD, TSS,
temperature, pH
 Microbial Source Tracking
 Examples:
 Logan Airport NPDES Permit: Real-time, continouos monitoring required during winter (deicing runoff)
 Middle Rio MS4 Permit: Continuous monitoring for DO, temp at select locations; endangered species concerns
 San Antonio Consent Decree: microbial source monitoring required
U.S. Environmental Protection Agency
11

Real-time Monitoring
U.S. Environmental Protection Agency
12

Advanced Monitoring
13
An example from flaring enforcement
U.S. Environmental Protection Agency

Electronic reporting
14
 Ohio NPDES e-
reporting success
story
 NPDES e-
reporting rule
U.S. Environmental Protection Agency
0%
20%
40%
60%
80%
100%
0
2000
4000
6000
8000
10000
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun
Reporting Month
NPDES DMR Compliance in Ohio
FY 2009 - 7/08-6/09
% eDMR usage
PermitViolations
FacilitiesusingeDMR

Increased Transparency
 Evidence that effective
transparency drives
performance
 SDWA Consumer
Confidence Reports
U.S. Environmental Protection Agency
15
Study on effect of mailing
compliance reports

Transparency Examples
 Web posting of data and documents:
 Logan Airport NPDES Permit
 Middle Rio Grande MS4 permit
 St Louis Consent Decree
 City of Seattle NPDES Permit
 CSO email/text alerts:
 New York Sewage Pollution Right-to-Know Act
 Chicago NPDES Permits (notification of CSO diversion to Lake Michigan)
 City of Cambridge NPDES Permit
U.S. Environmental Protection Agency
16

Next Gen in Civil Settlements
U.S. Environmental Protection Agency
17
Since January 2015, EPA
civil enforcement staff
must consider Next
Generation Compliance
tools in all cases and
include them in
settlements when
appropriate

Next Gen in Settlementss: Region 7 Examples
 St Louis/MSD: E-flow monitoring, web posting
 Coastal Energy: Leak detection monitoring/remote notification
 Doe Run: Third Party Verification
 Roquette: Third Party Verification
U.S. Environmental Protection Agency
18

EPA Proposed Rule for Petroleum Refineries
19
 Refineries must conduct
ambient fenceline
monitoring
 Data available to public
 Action level exceedances
require corrective
measures
U.S. Environmental Protection Agen

Coal Ash Rule
 Transparency
 Third Party Certifications
U.S. Environmental Protection Agency
20

The document discusses the EPA's Next Generation Compliance strategy, which aims to modernize environmental enforcement and promote compliance through more effective rules, advanced monitoring technologies, electronic reporting, and increased transparency. Some key aspects of the strategy include using real-time monitoring to detect pollution issues early, developing innovative monitoring tools, transitioning to electronic reporting systems to reduce burden and increase data access, and leveraging transparency of compliance information to drive improved performance. The strategy also explores incorporating Next Generation approaches into enforcement settlements by including advanced monitoring or public reporting requirements.

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