Integrated Planning Frequent Questions
View answers to the following questions below:
- How does a municipality “qualify” for Integrated Planning?
- Will the Integrated Planning Approach lessen regulatory standards or provide regulatory relief?
- How will the Integrated Planning Framework affect ongoing consent decree negotiations?
- Under what circumstances can compliance schedules be included in permits?
- Why not utilize permits instead of enforcement for compliance schedules?
- The framework says an Integrated Plan “can be incorporated, where appropriate into NPDES permits, enforcement actions, or both,” How is it determined what is appropriate?
- Can drinking water needs and costs be considered under the Integrated Planning Framework?
- What is the role of green infrastructure and other innovative solutions?
- How does a municipality “qualify” for Integrated Planning?
- There are no set qualifications to be met to take advantage of the integrated planning process. The Integrated Planning Approach is optional and the responsibility to develop an integrated plan rests with municipalities. Municipalities developing Integrated Plans should provide relevant community stakeholders with appropriate opportunities that allow for meaningful input during plan input. EPA encourages early coordination between municipalities developing a Plan, NPDES States and EPA on key implementation issues. Once a municipality has developed a plan, the NPDES permit and/or enforcement authority will work with the municipality as necessary to develop the appropriate means for applying applicable legal requirements and implementation schedules.”
- Will the Integrated Planning Approach lessen regulatory standards or provide regulatory relief?
- The Integrated Planning Approach will not change or lessen existing statutory or regulatory standards. Rather, the approach will take advantage of the flexibilities in existing EPA regulations, policies and guidance to allow municipalities to sequence implementation of their CWA obligations to protect water quality and public health. Municipalities developing integrated wastewater and stormwater plans should provide appropriate opportunities that allow for meaningful input from relevant community stakeholders during the identification, evaluation, and selection of alternatives and other appropriate aspects of plan development. For municipalities with an existing consent decree, the EPA is always willing to consider a request to modify existing plans to incorporate cost-effective innovative approaches that achieve comparable and measurable results as evidenced by modifications to agreements with Indianapolis, Indiana and Toledo, Ohio.
- How will the Integrated Planning Framework affect ongoing consent decree negotiations?
- The EPA views ongoing consent decree negotiations as opportunities to work with municipal permittees that want to take a more integrated approach to their CWA obligations and challenges. Any integrated planning approach must ensure compliance with the CWA. The principles and elements of the Integrated Planning Framework will serve as a guide for negotiating consent decrees to address multiple CWA obligations with the underlying goal of ensuring that the projects with the greatest environmental and human health outcomes are completed first.
- Under what circumstances can compliance schedules be included in permits?
- Compliance schedules in NPDES permits must be consistent with the requirements in 40 CFR section 122.47. The use of compliance schedules in NPDES permits for implementing water quality-based effluent limitations (WQBELs) will depend on the relevant State water quality standards. Under the CWA, a permit may contain a compliance schedule for WQBELs based on post July 1, 1977 State water quality standards provided the schedule achieves compliance “as soon as possible” and the state has clearly indicated in its water quality standards or implementing regulations that it intends to allow such schedules. Many states that have such provisions in place also limit the length of compliance schedules that may be included in permits. If a schedule of compliance is deemed “appropriate” under 122.47 and its term exceeds one year, the permitting authority must include interim requirements and the dates for their achievement. 40 CFR section 122.47(a)(3). Where a compliance schedule exceeds the 5 year term of the permit, the permit must include final effluent limitations in order to ensure enforceability of the compliance schedule consistent with CWA Section 502(17) and 40 CFR 122.2. The framework for addressing compliance schedules in permits is explained In the Matter of Star-Kist Caribe, Inc. 3 E.A.D 171, 175, 177 (1990). Further guidance on issuance of compliance schedules can be found in the EPA’s May 10, 2007 memorandum entitled "Compliance Schedules for Water Quality-Based Effluent Limitations in NPDES Permits."
- Why not utilize permits instead of enforcement for compliance schedules?
- The circumstances facing each community are different. Under some circumstances, compliance schedules in permits may be appropriate. In other circumstances, enforcement, which provides greater flexibility for establishing compliance schedules, will be appropriate. In some situations, a combination of approaches might work. Compliance schedules in NPDES permits must be consistent with the requirements in 40 CFR section 122.47, as discussed above.
- Where the municipality is not in compliance with the CWA, the NPDES authority and EPA have discretion to bring an enforcement action. Where there have been long standing violations without significant progress, enforcement will continue to be a valuable tool. Enforcement can provide a long term schedule that provides certainty that many communities are seeking and flexibility to allow longer term compliance schedules.
- The aim of the EPA is to find a solution that protects human health and the environment, and tackles the most important problems first in a way that makes sense and is affordable. The framework the Agency has adopted encourages those flexibilities, and especially lower cost approaches that are also effective, such as green infrastructure solutions. The Agency has found answers that work for communities in recent agreements, and it will continue to work to achieve that goal.
- The framework says an Integrated Plan “can be incorporated, where appropriate into NPDES permits, enforcement actions, or both,” How is it determined what is appropriate?
- Permits play a central role in implementing NPDES requirements. NPDES permits should clearly state the requirements necessary for the permittee to comply with the CWA. Where appropriate, an NPDES permit authority may include a compliance schedule in a permit for WQBELs based on post July 1, 1977 state water quality standards provided the compliance schedule is “as soon as possible” and the state has clearly indicated in its water quality standards or implementing regulations that it intends to allow them. Factors that may be considered include the nature of the modifications, operations or measures necessary to reach compliance, the time frame needed to complete the work, the length of time the discharger has already had to meet WQBEL(s) under past permits and the length and severity of any past non-compliance, the level of good faith displayed by the permittee in pursuing compliance, and other case-specific circumstances. If a permit contains multiple compliance schedules, the compliance schedules should prioritize the most significant human health and environmental needs first.
- Can drinking water needs and costs be considered under the Integrated Planning Framework?
- While costs for drinking water treatment and distribution would not be used to estimate metrics such as the residential indicator identified in the EPA’s Financial Capability Assessment guidance, the financial burden associated with projects not required by the CWA may be considered when evaluating the overall financial health of a community. In this context, all financial burdens faced by the community (including costs associated with environmental projects other than those required by the CWA) may be relevant to schedule development under a municipality’s Integrated Plan. EPA is open to considering a Drinking Water Investment Plan to complement the CWA Integrated Plan.
- What is the role of green infrastructure and other innovative solutions?
- The EPA embraces green infrastructure and other innovative solutions to address wet weather water quality problems and is working to promote these types of solutions to manage wet-weather related events in an efficient and cost-effective way which can also help revitalize urban areas. Green infrastructure provides multiple benefits in meeting CWA obligations, while also providing other benefits to enhance the livability of communities. As communities seek more integrated approaches to CWA obligations, EPA expects that green infrastructure approaches will commonly be considered and employed resulting in stronger communities and the creation of jobs.
View answers to all Integrated Planning frequent questions below.