Common use of EPA's Responsibilities Clause in Contracts

EPA's Responsibilities. ‌‌‌ In accordance with the priorities and procedures established in this AGREEMENT and the Performance Partnership Agreement, EPA will: 1. Commit to funding the DEPARTMENT to the maximum extent possible, as allowed by law and within existing budget requirements and priorities to support APDES Program activities. 2. Where no effective effluent guidelines or standards exist for a discharge, provide available technical information, to the extent information is available to EPA Region 10, to assist the DEPARTMENT in writing permit terms and conditions. For example, EPA may provide contractor reports, draft development documents, and available permits and effluent data from similar facilities. 3. Provide draft and final copies of permits for facilities that EPA retains authority over when the discharge may affect state waters. 4. At the DEPARTMENT’s request, and as EPA resources allow, provide technical support and assistance to the DEPARTMENT, as negotiated via the Performance Partnership Agreement. 5. To the extent allowed by law, subject to confidentiality considerations at EPA discretion, ensure that the DEPARTMENT is kept fully informed and up to date concerning: a) EPA contractor reports; draft and final EPA development documents; and draft, proposed, and final effluent limitation guidelines regulations. b) Draft and final settlement agreements between litigants and EPA that concern the interpretation or modification of effluent limitation guidelines regulations for various industry categories that may affect the APDES Program or water quality standards and planning program. c) Draft, proposed, and final versions of EPA regulations, technical guidance, policies, and procedures that pertain to: implementation of the APDES Wastewater Discharge Authorization Program and Compliance and Enforcement Program; changes in National Enforcement Priorities and associated strategies; and the water quality standards and planning program. 6. Provide the DEPARTMENT with the opportunity for meaningful involvement in program development activities and program initiatives. EPA will keep the DEPARTMENT informed, to the extent allowed by law, of the development of national NPDES program policy statements, strategies, performance measures, and related guidance and provide for input by the DEPARTMENT, when appropriate. 7. As outlined in Section 9.0 (Program Review) of this AGREEMENT, oversee the DEPARTMENT's administration of the APDES Program on an ongoing basis for consistency with: the CWA; this AGREEMENT; the Performance Partnership Agreement; all applicable regulations promulgated pursuant to the CWA; and any other APDES relevant agreements between the DEPARTMENT and EPA. EPA may consider, as a part of its assessment, review of permits, reports, and enforcement actions submitted by the DEPARTMENT and may also consider comments from permittees, the public, and federal and local agencies concerning the DEPARTMENT's administration of the APDES Program. Any such comments to EPA will be brought to the attention of the DEPARTMENT by written correspondence if the person commenting has not previously communicated the comment to the DEPARTMENT.‌‌ 8. Issue NPDES individual or general permits to facilities it retains jurisdiction over (Appendix A) that are consistent with the ACMP process under the federal Coastal Zone Management Act, when applicable. 9. Assist the DEPARTMENT with the development of standard pretreatment language to include in all applicable APDES permits, as well as model sewer use ordinances, to be used by non-delegated municipalities. 10. Input all required data into ICIS-NPDES for the facilities EPA retains permanent authority over and for facilities EPA retains authority over in accordance with the transfer schedule. 11. Retain authority for the biosolids program, which includes permitting, compliance, and enforcement. EPA will provide standard language to the DEPARTMENT for inclusion in APDES fact sheets that notifies permittees of their responsibility to comply with biosolids requirements with instructions to apply directly to EPA for a biosolids management and handling permit.

EPA's Responsibilities. ‌‌‌ ‌ In accordance with the priorities and procedures established in this AGREEMENT and the Performance Partnership Agreement, EPA will: 1. Commit to funding the DEPARTMENT to the maximum extent possible, as allowed by law and within existing budget requirements and priorities to support APDES Program activities. 2. Where no effective effluent guidelines or standards exist for a discharge, provide available technical information, to the extent information is available to EPA Region 10, to assist the DEPARTMENT in writing permit terms and conditions. For example, EPA may provide contractor reports, draft development documents, and available permits and effluent data from similar facilities. 3. Provide draft and final copies of permits for facilities that EPA retains authority over when the discharge may affect state waters. 4. At the DEPARTMENT’s request, and as EPA resources allow, provide technical support and assistance to the DEPARTMENT, as negotiated via the Performance Partnership Agreement. 5. To the extent allowed by law, subject to confidentiality considerations at EPA discretion, ensure that the DEPARTMENT is kept fully informed and up to date concerning: a) EPA contractor reports; draft and final EPA development documents; and draft, proposed, and final effluent limitation guidelines regulations. b) Draft and final settlement agreements between litigants and EPA that concern the interpretation or modification of effluent limitation guidelines regulations for various industry categories that may affect the APDES Program or water quality standards and planning program. c) Draft, proposed, and final versions of EPA regulations, technical guidance, policies, and procedures that pertain to: implementation of the APDES Wastewater Discharge Authorization Program and Compliance and Enforcement Program; changes in National Enforcement Priorities and associated strategies; and the water quality standards and planning program. 6. Provide the DEPARTMENT with the opportunity for meaningful involvement in program development activities and program initiatives. EPA will keep the DEPARTMENT informed, to the extent allowed by law, of the development of national NPDES program policy statements, strategies, performance measures, and related guidance and provide for input by the DEPARTMENT, when appropriate. 7. As outlined in Section 9.0 (Program Review) of this AGREEMENT, oversee the DEPARTMENT's administration of the APDES Program on an ongoing basis for consistency with: the CWA; this AGREEMENT; the Performance Partnership Agreement; all applicable regulations promulgated pursuant to the CWA; and any other APDES relevant agreements between the DEPARTMENT and EPA. EPA may consider, as a part of its assessment, review of permits, reports, and enforcement actions submitted by the DEPARTMENT and may also consider comments from permittees, the public, and federal and local agencies concerning the DEPARTMENT's administration of the APDES Program. Any such comments to EPA will be brought to the attention of the DEPARTMENT by written correspondence if the person commenting has not previously communicated the comment to the DEPARTMENT.‌‌DEPARTMENT. 8. Issue NPDES individual or general permits to facilities it retains jurisdiction over (Appendix A) that are consistent with the ACMP process under the federal Coastal Zone Management Act, when applicable. 9. Assist the DEPARTMENT with the development of standard pretreatment language to include in all applicable APDES permits, as well as model sewer use ordinances, to be used by non-delegated municipalities. 10. Input all required data into ICIS-NPDES for the facilities EPA retains permanent authority over and for facilities EPA retains authority over in accordance with the transfer schedule. 11. Retain authority for the biosolids program, which includes permitting, compliance, and enforcement. EPA will provide standard language to the DEPARTMENT for inclusion in APDES fact sheets that notifies permittees of their responsibility to comply with biosolids requirements with instructions to apply directly to EPA for a biosolids management and handling permit.