EPA Finds Deep Gaps In Tennessee Water Oversight

The federal government is cracking down on Tennessee for what it sees as shortcomings in how the state enforces the Clean Water Act.

A recent report from the U.S. EPA “found the Tennessee Department of Environment and Conservation (TDEC) neglected to penalize permit holders despite months of documented pollution, failed to assess appropriate fines and didn’t report sewage overflows from major facilities, among other findings small and large,” The Tennessean reported.

The federal audit found fault with how the state oversees National Pollutant Discharge Elimination System (NPDES) permits. The state’s inspection reports are ambiguous about compliance determinations, the audit said. In addition, the state is "not appropriately reporting" significant non-compliance and single event violations, according to the EPA.

The EPA told the state that Clean Water Act enforcement responses "should be timely, appropriate to the violation, and promote a return to compliance."

A summary of the audit, per The Tennessean:

In half of the enforcement orders that the EPA sampled “TDEC did not consistently address violations in an appropriate manner.” Most of the enforcement orders also fell short of correcting the pollution problem, EPA found. Orders are supposed to force permit holders to stop pollution, according to a specific plan, or face fines.

Officials from TDEC called the EPA audit “an opportunity to receive constructive feedback on our programs," according to The Tennessean.

The statement continued: "But we don’t always agree on all of its findings. TDEC’s enforcement efforts continue to make positive, profound and lasting impacts on clean water and clean air in Tennessee.”

Clean water activists echoed the EPA’s criticisms: “TDEC is relying on carrots but no sticks,” said Scott Banbury, conservation program coordinator of the Tennessee chapter of the Sierra Club, per The Tennessean. “They have adopted this philosophy that working with the company and voluntary compliance is better.”

Nevertheless, the EPA had some positive notes about the state's water oversight. Areas of strong performance included that Clean Water Act inspection reports were well written and complete. It also commended the state on its entry of Clean Water Act data.

According to the EPA, its State Review Framework program continually assesses EPA and state water enforcement.

To read more about the Clean Water Act visit Water Online’s Wastewater Regulations And Legislation Solutions Center.