Enhanced Compliance-Assurance Activities a. Within sixty (60) days after the Effective Date of this Agreement, EPA will, subject to resource availability, maintain or increase compliance-assurance activities over its FY2022 baseline (prorated on an annual basis as appropriate) within Pennsylvania’s Tier I and Tier II Counties (for example, federal inspections, investigations, and/or compliance evaluations) to assess the compliance of NPDES-permitted sources (including concentrated animal feeding operations (“CAFOs”), MS4s, and other NPDES-permitted facilities) with their existing NPDES permit requirements. EPA may, in its discretion, respond to particular instances of noncompliance with actions including but not limited to notices of violation, notices of noncompliance, and administrative and judicial enforcement actions.
