The
background
papers
on
the
candidate
national
program
priorities
are
intended
to
initiate
further
discussion.
When
priorities
are
selected
more
detailed
strategies
with
in­
depth
background
information,
numerical
targets,
schedules,
milestones
and
performance
measures
will
be
developed.
______________________________________________________________________________

December,
2003
Page
1
of
2
Proposed
Priority
Significant
Noncompliance
Oversight
Summary
Ensure
proper
management
of
the
enforcement
and
compliance
programs
under
the
CAA,
CWANational
Pollutant
Discharge
Elimination
System,
and
RCRA
by
implementing
the
respective
policies
to
a)
look
for
noncompliance
problems
through
compliance
monitoring
activities;
b)
identify
violations;
c)
take
timely
and
appropriate
action
at
facilities
with
significant
violations;
and
d)
to
report
complete
and
accurate
information
about
findings
and
activities
to
the
EPA's
compliance
and
enforcement
databases.

Background
EPA
authorizes
state,
local,
and
tribal
governments
to
administer
and
enforce
Federal
laws
such
as
the
Clean
Water
Act,
Clean
Air
Act,
and
Resource
Conservation
and
Recovery
Act.
Each
program
has
a
series
of
regulations,
policies,
and
guidance
that
provide
a
general
framework
for
implementing
each
program.
These
policies
are
designed
to
provide
a
consistent
national
framework
so
that
compliance
monitoring
and
enforcement
activities
are
occurring
in
all
areas
of
the
country.
Ensuring
a
"
level
playing
field"
is
accomplished
by
all
regulatory
partners
following
an
overall
framework
in
which
the
authorized
agency,
in
conjunction
with
EPA:

a)
conducts
inspections
on
a
regular
basis
to
detect
if
violations
may
be
present,
b)
routinely
monitors
reports
provided
by
regulated
facilities
that
may
indicate
the
presence
of
violations,
c)
determines
the
severity
of
violations
that
are
detected
for
the
purpose
of
identifying
which
violations
should
receive
a
formal
enforcement
action,
d)
takes
timely
and
appropriate
enforcement
action
after
serious
violations
are
detected,
e)
follows
existing
penalty
policies
to
provide
a
deterrent
against
future
violations,
and
f)
monitor
any
enforcement
orders
to
ensure
that
facilities
return
to
compliance.

Geographic
Range
Significant
noncompliance
occurs
across
the
country.

Environmental
Risks
Risks
from
significant
noncompliance
vary.
EPA's
core
programs
envision
that
facilities
designated
as
being
in
significant
noncompliance
or
high
priority
violation
pose
an
actual
risk,
or
potential
for
high
risk
due
to
the
violations
that
are
found.
Because
these
programs
have
defined
criteria
for
identifying
the
most
important
violations,
the
risk
from
these
violations
can
be
assumed
The
background
papers
on
the
candidate
national
program
priorities
are
intended
to
initiate
further
discussion.
When
priorities
are
selected
more
detailed
strategies
with
in­
depth
background
information,
numerical
targets,
schedules,
milestones
and
performance
measures
will
be
developed.
______________________________________________________________________________

December,
2003
Page
2
of
2
to
be
substantial.
Examples
of
violations
that
may
be
of
concern
are
Clean
Air
Act
exceedances
of
permitted
emissions
limits,
Clean
Water
Act
discharges
that
are
significantly
about
limits
set
under
existing
permits,
and
RCRA
hazardous
waste
violations
that
may
cause
a
high
probability
of
improper
release
of
hazardous
materials
to
the
environment.

Noncompliance
Information
There
are
approximately
4,000
facilities
that
are
designated
as
in
significant
noncompliance
or
high
priority
violation
at
any
given
point
in
time.
Under
this
priority,
EPA
and
the
States
would
focus
on
a
subset
of
these
facilities
that
are
chronic
violators,
but
that
have
not
received
recent
enforcement
actions
from
EPA
or
the
State.
