Air Enforcement Matt Haber Senior Advisor Office of Enforcement and Compliance Assurance

What we’ll cover: 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

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

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 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

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

? Contact me at haber.matt@epa.gov (415) 947-4154 Follow Up ? Contact me at haber.matt@epa.gov (415) 947-4154