HaberEnforceNSR2-12.pptx
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Transcript HaberEnforceNSR2-12.pptx
Air Enforcement
Matt Haber
Senior Advisor
Office of Enforcement and Compliance
Assurance
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What we’ll cover:
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How EPA enforces the Clean Air Act,
including permits
Roles for tribal governments in enforcing
NSR permits
EPA Air Enforcement
EPA’s authority for enforcement and
inspections
– Information gathering: Section 114
– EPA can conduct inspections, require testing,
monitoring and submittal of records necessary
for determining compliance with the Act
– Enforcement: Section 113
• EPA can issue orders to comply, assess
penalties, and initiate civil and/or criminal
litigation in the U.S. Courts
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EPA Air Enforcement
What regulations can EPA enforce?
– Federal only rules
• e.g., Ozone Depleting Chemicals rules
– Delegable rules
• MACT and NSPS
• Permit rules—PSD and Tribal NSR
– Tribal Implementation Plans/State
Implementation Plans
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EPA Air Enforcement
EPA Enforcement Goals
– Cut toxic air pollution in communities,
including communities in Indian country
– Reduce air pollution from largest sources,
including coal fired power plants, cement,
acid and glass sectors
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Fiscal Years 2011-2013 National
Initiatives
– NSR/PSD
– Air Toxics
– Land-Based Gas Extraction (multimedia)
Enforcing Permits
Common violations:
– Failure to obtain a permit
• Before constructing
• Before modifying
• Failure to obtain the correct permit
– Violations of permit conditions
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Tribal Government Roles
Inherent authority to adopt air-related rules,
issue permits and enforce
Enforce as citizen (Section 304)
Before Tribe has CAA Authority
– Inspect on EPA’s behalf
• EPA authorization and federal inspector credentials required
After Tribe has CAA authority
– Conduct inspections and compliance reviews of
• Tribally-issued Federal permits
• Delegated permits/programs
– Take administrative and judicial enforcement action
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Follow Up
?
Contact me at [email protected]
(415) 947-4154
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