Common use of EPA RESPONSIBILITIES Clause in Contracts

EPA RESPONSIBILITIES. EPA shall: 1. To the maximum extent possible, provide funding to the TNRCC to support this effort. It is recognized that it is the TNRCC’s responsibility after program approval to run and manage the TPDES, Pretreatment, and Sewage Sludge Programs with or without the assistance of federal funding; 2. Ensure that the TNRCC is kept fully informed and up-to-date regarding: a. Draft and final policy and program development documents related to NPDES; b. Draft, proposed, and final regulations related to NPDES; c. New case law, settlement agreements, and remands of federal regulations related to NPDES; and d. Draft, proposed, and final technical guidance and policies which pertain to NPDES; 3. Provide the TNRCC with a timely opportunity for meaningful involvement and input in developing and establishing CWA policies, rules, strategies, and guidance, as appropriate and practical; 4. Review and comment on draft permits, proposed permits, variance requests, pretreatment program actions, and any future TPDES program modifications in a timely manner in accordance with Section IV.C. of this MOA; 5. Oversee the TNRCC administration of the TPDES, Pretreatment, and Sewage Sludge programs for consistency with the CWA, this MOA, any TNRCC/EPA agreements, EPA’s National Oversight Guidance, the CWA Section 106 program grant (PPG) and all applicable federal regulations. Consistency includes meeting EPA’s timely and appropriate criteria for initiation of formal enforcement actions, and the assessment and collection of penalties in formal enforcement actions, and the assessment and collection of administrative penalties and judicial actions. EPA shall consider, as part of its assessment of the TPDES program, reports and enforcement actions submitted by the TNRCC and may also consider comments from permittees, the public, and Federal and local agencies concerning the TNRCC's administration of TPDES. EPA shall promptly transmit to TNRCC substantial or unresolved comments that EPA receives permittees, the public, and federal and local agencies. Any information obtained or used by the TNRCC shall be made available to EPA upon request by EPA without restriction to claims of confidentiality. If such information has been submitted to the TNRCC under a claim of confidentiality, the TNRCC shall inform EPA of that claim. Information claimed confidential which is used to develop permit conditions shall be treated in accordance with 40 CFR Part 2, Subpart B, 40 CFR §122.7, 30 TAC §1.5(d), and 30 TAC §305.46. 6. Provide technical assistance regarding the interpretation of effluent guidelines for the development of draft and proposed permits within forty-five (45) days from receipt of a request. Mutually agreeable time extensions may be required. 7. Ensure that information relative to NPDES permittees including file information, names, addresses, and any known corresponding state permit information is submitted to TNRCC in a mutually agreed upon format and time frame upon assumption of the administration of the TPDES program by TNRCC. 8. Retain permitting and enforcement authority over CAFOs that are not subject to TNRCC jurisdiction.