Transcript Enforcement ITEP 11-11.pptx

Air Enforcement
Doug McDaniel
Chief, Air Enforcement Office
USEPA Region 9
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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 is located in Sections 113
and 114 of the CAA.
– Under Section 113 EPA can issue orders to
comply, assess penalties, and initiate
criminal prosecution and/or civil litigation in
the U.S. Courts.
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EPA Air Enforcement

EPA’s authority for enforcement and
inspections is located in Sections 113
and 114 of the CAA.
– Under Section 114 EPA can conduct
inspections, require testing, monitoring and
submittal of records necessary for
determining compliance with the Act.
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EPA Air Enforcement
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
EPA retains enforcement authority for
both delegated and SIP/TIP approved
programs.

EPA’s role in air enforcement often
differs from that of state/local/tribal air
pollution control agencies.
EPA Air Enforcement

EPA (OECA) has several national
enforcement initiatives for 2011-2013,
including these related to air:
– NSR/PSD
– Air Toxics
– Land-Based Gas Extraction (multimedia)
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EPA Air Enforcement

EPA’s policy on enforcement against
tribal facilities (as opposed to private
facilities located in Indian country):
– http://www.epa.gov/compliance/resources
/policies/state/84indianpolicy.pdf
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Enforcing Permits

Common violations:
– Failure to obtain a permit
• Before constructing
• Before modifying
• Failure to obtain the correct permit
– Violations of permit conditions observed
during an inspection
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Tribal Air Enforcement

Delegation
– EPA retains enforcement authority

TIP Approval
– Tribal government is primary regulatory
authority, EPA also can enforce
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Tribal Air Enforcement

EPA Inspector Credentials for
State/Tribal Inspectors
– 2004 Guidance at:
http://www.epa.gov/compliance/resources/p
olicies/monitoring/inspection/statetribalcre
dentials.pdf
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Questions
?
or feel free to contact me at
[email protected]
(415) 947-4106
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